Tenant Evictions in El Paso

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The Eviction Process for Landlords in Texas

As an eviction attorney in El Paso we understand that as a landlord in El Paso Texas, there may come a time when you need to take legal action to remove a tenant from your property. To help you navigate the eviction process efficiently and effectively, we’re here to provide you with a simplified overview of the key steps involved.

We exclusively provide legal services and representation to landlords facing eviction-related matters in El Paso. Please be aware that our services are not available for tenants. If you are a tenant in need of legal assistance, we recommend that you contact Texas Rio Grande Legal Aid. You can reach them at (956) 996-8752.

The Eviction Process for Landlords in Texas
Notice to Vacate

Notice to Vacate

The eviction process typically begins with the issuance of a “Notice to Vacate.” Depending on the reason for eviction, Texas law requires different notice periods. For example, non-payment of rent typically requires a three-day notice, while lease violations may require a 30-day notice to remedy or vacate. It’s essential to adhere to these timeframes and ensure the notice is properly served to the tenant.

Filing an Eviction Suit

If the tenant does not comply with the Notice to Vacate, the next step is filing an eviction suit in the appropriate justice court. Our experienced legal team will draft and file the necessary documents to initiate the legal process. Once filed, a citation and a copy of the petition are served to the tenant, setting a date for the eviction hearing.

Court Appearance

At the eviction hearing, both parties will present their cases before the justice of the peace. It’s crucial to be well-prepared with any documentation, leases, or evidence to support your claim. Our attorneys can guide you through this process and represent your interests in court.

Judgment

If the court rules in your favor, a Judgment for Possession is issued. This grants you the legal right to take possession of your property. The tenant then has 5 business days to vacate the premises voluntarily.

Writ of Possession

If the tenant fails to leave the property within 5 business days, you may then obtain a Writ of Possession from the court. This document authorizes the constable to physically remove the tenant and their belongings from the premises. You will need to schedule the constable to serve the Writ of Possession, a locksmith to open the property, rekey after, and a mover to place the tenant’s belongings at the curb.

Recovery of Unpaid Rent or Damages

After eviction, you can pursue any unpaid rent or damages through a separate legal process. This may involve going to small claims court to recover money owed to you. Generally, if a tenant cannot pay their rent in the first place, necessitating an eviction, it’s unlikely that the recovery of funds will occur. More importantly is that you, the landlord regains possession and control of the property.

 

Evict Judgement

 

Consider Legal Counsel

Please note that this is a simplified overview of the eviction process in Texas, and it’s essential to consult with our eviction attorney to handle your specific case effectively and within the bounds of the law. Our team is here to support you at every step of the way, ensuring that your property is protected, and your legal rights upheld.

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Disclaimer

“EvictElPasoTx.com” is a website and online platform that offers information and services related to eviction processes and landlord-tenant matters in El Paso, Texas. It is important for users of this website to understand the legal context and the parties involved in providing the services. Therefore, we provide the following disclaimer:

“EvictElPasoTx.com” is an online platform created to provide information and resources related to eviction proceedings, landlord-tenant law, and related legal matters in El Paso, Texas.

All legal services offered through “EvictElPasoTx.com” are provided by Winton Law El Paso PC, a law firm in El Paso established in accordance with the laws of the state of Texas. The principal attorney at Winton Law El Paso PC is Mark H. Winton.

Mark H. Winton is a licensed attorney in the state of Texas, and he is responsible for overseeing and providing legal services related to landlord-tenant issues, including eviction proceedings.

Any legal advice or representation sought through “EvictElPasoTx.com” is the responsibility of Winton Law El Paso PC and Attorney Mark H. Winton. They will handle all aspects of your legal matter, including consultations, document preparation, representation in legal proceedings, and any other legal services required.

The information provided on “EvictElPasoTx.com” is intended for general informational purposes and should not be considered as legal advice. Legal advice can only be provided after a thorough consultation and a full understanding of the specific circumstances of your case.

While we strive to keep the information on “EvictElPasoTx.com” accurate and up-to-date, laws and regulations can change, and the information provided may not always reflect the most current legal standards. Therefore, it is crucial to consult with Winton Law El Paso PC and Attorney Mark H. Winton to obtain the most accurate and relevant legal advice for your situation.

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