Hello everybody!
I have a duplex under contract that I am looking to assign. My question is not about the assignment, but about the the tenants in this property. The owner asked me what the procedure was to evict a non paying tenant. I don’t know the rules or procedures since I have never done one myself. Anyways, if anyone can break down the procedure to evicting a non paying tenant I would really appreciate it.
Cruz
Man that is really cheap for a duplex. What is the rent? Evictions are pretty easy. The JP court will have an outline of how it goes. You need to give them a 3 day notice or as I call it a 72 hour notice like the one here:
72 Hour Notice to Vacate
May 8, 2000
JA De Luna
5608 Cougar # 304
Austin, Texas 78745
You are hereby notified that your rent for the month of April, 2000 in the amount of $ 425.00 has not been paid plus additional late charges of $ 40.00 are now due. For this reason you and all residents at 5608 Cougar # 304 must vacate the property within 72 hours or eviction proceedings will be filed. You will also be required to pay an additional $ 62.00 if eviction is necessary. Please notice this is a serious matter and prompt action is needed
No partial payment will be accepted to stop this eviction process.
You can mail this or hand to a 16 year old at the door or post inside the front door. Regular mail is fine. On the 4th day you may go to JP office in the Precint where the property is located and fill out the papers to start the court process. Take a copy of the lease and a copy of your notice to give to the clerk. Here it costs $62 to file. Once they have been served by the constable they have time to respond and set a court date. You may get a default judgement the next day if thet do not respond or the court will set a hearing. If you win the tenant will have 5 days to appeal. After that date you may get a writ and have the constable actually come out and allow you to set their crap by the curb. Take several helpers to this fun date. I could tell you some stories but my fingers hurt and it is time for comicview. Hope this gives you an overview. Get the report at the JP office and it will help explain better all the court rules etc. Contact me if you need more help
Good luck and thank you,
Ted P. Stokely Jr
11505 Sw Oaks
Austin, Texas 78737
512-301-9171 home
512-587-6177 mobile
tedstokely@austin.rr.com