& COLLINS DRIVE TO THE
JP'S OFFICE, FILE AN EVICTION SUIT, AND RETURN TO THE OFFICE? HOW MUCH
DID THAT TIME COST YOU? You
can do any or all steps to evict tenants, and NEVER LEAVE YOUR OFFICE! SAMPLE
LEASE - This is a good example of important things your
lease should contain. MS Word (.doc) format or PDF. SAMPLE
LEDGER - This is a good example of what your tenant ledger
should contain. MS Excel (.xls) format or PDF. Everything
is handled by mail, email and telephone. Ask
about our service to do periodic condition inspections of your properties.
We make an appointment with the tenant to visit inside your house
and take condition photos on a regular schedule. We
can help out-of-area landlords,
DRIVE TO THE JP'S OFFICE, FILE AN EVICTION SUIT, AND RETURN TO THE OFFICE? HOW MUCH DID THAT TIME COST YOU?
You can do any or all steps to evict tenants, and NEVER LEAVE YOUR OFFICE!
SAMPLE LEASE - This is a good example of important things your lease should contain. MS Word (.doc) format or PDF.
SAMPLE LEDGER - This is a good example of what your tenant ledger should contain. MS Excel (.xls) format or PDF.
Everything is handled by mail, email and telephone.
Ask about our service to do periodic condition inspections of your properties. We make an appointment with the tenant to visit inside your house and take condition photos on a regular schedule.
We can help out-of-area landlords,so long as the rental property is located in Bexar County.
Payments (by landlords) can be made online, at slightly higher prices. Click *HERE* for online payments.
We do not accept payments of any kind from tenants.
If you need to evict a tenant for NON-PAYMENT OF RENT, or for LEASE HOLDOVER, we can do everything, in and out of court, that may be necessary to get the property vacated, up to actually executing the Writ Of Possession.
Alamo Eviction Services functions as a Non-Attorney Agent, as allowed by 24.011 of The Texas Property Code, but ONLY for non-payment of rent and Lease Holdover.
If the eviction is for other reasons, we cannot file or appear for the FE&D suit, but we CAN still offer all other services.
We can give you a duplicate of a Notice To Quit & Vacate that we served, for up to one month after service, should you lose your copy before your trial date, whether we do the FE&D for you or not!
ANY OR ALL of the steps listed below.
Payments can be made online, at slightly higher prices. Click HERE to see online payments page.
1) Demand For Delinquent Rent: $30 hand-delivered or $20 Certified Mail. (3 extra days is required for compliance on mailed notices)
2) Hand-served Notice To Quit & Vacate: $30 or $20 by Certified
Mail, (3 extra days is required for compliance on mailed notices)
5) Secure Writ of Possession: $25 plus Bexar County Filing Fee ($280
total). NOTE: This gets your writ - it must
still be executed by you afterwards.
8). Inside occupancy/condition inspection $85 *****
9) Notice of impending lockout - $30 (Must be hand-served only) NOTE: Lockouts can not be used to keep tenant out - they are used to document abandonment. Special conditions apply and tenant must be given new keys on demand. Not a substitute for the eviction process.
10) Appear for Pre-trial Hearing, if Defendant requests Jury Trial: $40
11) Appear as Witness for Notice Service if not handling step 2 above: $40
Receiving of keys upon surrender by tenant if tenant delivers them
in an addressed envelope to
Mail Center at the intersection of Jackson-Keller and Loop 410 (2186
Jackson-Keller Rd. #312) in the Castle Junction shopping center OR surrenders
at trial is free if we dispose of the keys afterwards.
Any indications that the tenant has moved which are noticed during service of a Notice To Quit & Vacate are reported without extra charge.
A complete inside inspection can be arranged for $85, if the landlord can send working keys.
Prepare, File and Appear for Suit of Forcible Entry & Detainer (3 weeks) Get Writ Of Possession (1 day)
Forcibly move tenant out (Usually 1-2 weeks week or less)
(Optional) Do Abstract Of Judgment – to enter on Tenant credit record: $80 (After Move-out)
an appeal is filed, add 2-8 weeks before move-out day. If your defendant
uses an Affidavit Of Inability To Pay (Pauper's Affidavit) in conjunction
with filing the appeal, they must deposit one month's rent into court
coffers within 5 days of filing the appeal. Otherwise there is an
appeal bond they must meet, usually twice the monthly rent.
After the suit is filed, trial date will come up at least two weeks from filing date. After trial, the losing party has 5 days (not counting trial day) to file an appeal, which pushes the time line out to approximately 3 weeks. If the fifth day falls on Sunday or a legal holiday, the appeal period extends by one day.
If the defendant doesn’t file an appeal, and still refuses to move, you may get a Writ Of Possession on the sixth day after trial. The writ gives you the right to move the tenants out against their will.
After getting the writ, the constable’s office must give the tenants at least 24 hours’ notice that they are about to be moved out forcibly. When the writ is gotten, it will usually be scheduled for execution in 7-10 business days. This depends somewhat, on the individual constable’s schedule and policies. There are four of them in Bexar County.When the Writ Of Possession is executed, that is where the landlord assembles a moving crew, meets a deputy constable at the property, and moves all personal possessions out to the nearest public property. For an apartment or mobile home park, that will normally be off the premises completely, out at the street. The deputy executing the writ will direct placement of goods.
The landlord is responsible for supplying a means of entry, and for bringing enough labor to empty the premises within one hour. One local Justice Precinct allows two hours. Check with the Constable's Office at the time your writ is gotten, for exact details on it's execution.
Usual total time required to actually force someone out into the street is approximately 5-6 weeks from the time the eviction notice is served.
Tenants often move at various stages of the process, but if they must be forcibly moved out, figure a minimum of 5 weeks, if the defendant doesn’t appeal. Should the defendant file appeal, an additional 4-8 weeks is possible. Your attorney (if you use one) may be able to get that down to as little as 1 week, in some cases.
An appeal must be handled by a licensed attorney, or by the property owner personally.
We cannot represent you or give legal advice in an appeal situation.
SHOULD there be an appeal, we will refer you to an attorney. In general, less than 20% of cases seem to get appealed, and appeals are rarely won by the defendants.
When an appeal is filed, the defendant is essentially going to a higher court saying that new evidence has come to light, the Justice Of The Peace made a legal mistake, or there is some other thing that would have materially changed the original outcome. Those things are rarely the actual case.
At some point after the six-day appeal time has expired, you may file an Abstract Of Judgment. This causes the judgment to show on tenant credit reports, and allows you to actually take legal steps to collect the judgment amount. (Get various writs)
The abstract must be gotten at the office of the Justice Of The Peace, then filed with the County Clerk, downtown at the courthouse.Expected Best Case Expense if Tenant must be physically removed
Notice To Quit & Vacate $30
Suit $221 (One Defendant) ($301 Two Defendants) ($381 Three Defendants)
If two persons have established tenancy, there are two defendants, so the filing fee is $201, instead of $121. The filing fee for writs of possession does not increase with extra defendants.
For a writ of possession, you must meet a deputy constable at the property, at the prescribed time, with enough laborers to move the entire contents of the house out to the nearest public property.
The executing deputy will tell you where that is, but generally it's out at the curb, if a single-family house, or off the property if it's an apartment or mobile home park.
You MUST have guaranteed entry into the house, by a working key, a locksmith to pick the lock, or be willing to break a window. The tenant may not be home, or may be home and refuse to open the door. In any case, the constable typically wants the house emptied within one hour, no matter the size.
This means that if the writ is scheduled for execution at 10:00am, for instance, you need to be already moving things out by 10:05am.
If you are unable to get in, none of the fee for the writ is refundable.