What to Do When Your Tenant Will Not Leave When You Evict Them

 Posted on August 16, 2024 in Real Estate

As a landlord in Texas, dealing with a tenant who refuses to leave after receiving an eviction notice can be frustrating. However, there are legal steps you can take to regain possession of your property. A Texas lawyer can help guide you through the process and provide insights on handling this challenging situation.

The Eviction Process

Before taking action, make sure you have followed the proper eviction procedures. The process begins with serving a valid written notice to vacate to your tenant. If the tenant does not comply, you must file an eviction lawsuit. You must attend the eviction hearing and obtain a judgment in your favor. Should the tenant still refuse to leave after the judgment, you can request a Writ of Possession. This document authorizes law enforcement to remove the tenant from your property. You can proceed with further action only after you have completed these steps and the tenant remains on the property.

Legal Steps to Remove a Non-Compliant Tenant

When faced with a tenant who will not leave despite a court order, follow these steps:

• Contact the local constable or sheriff’s office to enforce the Writ of Possession. They will post a 24-hour notice on the property, informing the tenant of the impending removal.

• Be present on the scheduled removal day. The law enforcement officer will oversee the process and ensure your safety.

• Hire a moving company or gather helpers to remove the tenant’s belongings. Place these items on the property line or in storage, as the law requires.

• Change the locks immediately after the tenant’s removal to secure your property.

Removing the tenant yourself or changing the locks is illegal before the official eviction process is complete. Doing so could result in legal consequences for you as the landlord.

Prevent Future Eviction Issues

To minimize the risk of encountering similar problems in the future, consider implementing these preventive measures:

• Conduct thorough tenant screenings, including background and credit checks

• Clearly communicate your expectations and lease terms to new tenants

• Maintain open lines of communication with your tenants

• Address maintenance issues promptly to foster a positive landlord-tenant relationship

• Regularly review and update your lease agreement to ensure it complies with current Texas laws

By taking these precautions, you can reduce the likelihood of facing difficult eviction situations in the future.

Let a San Antonio, TX Real Estate Lawyer Help With the Eviction Process

Dealing with a non-compliant tenant during an eviction can be time-consuming. If you find yourself in this situation or want to ensure you follow the correct procedures, seeking a Bexar County, TX real estate attorney is helpful. Call Geoff Mayfield, Attorney at Law at 210-535-0870 for a free consultation to discuss your specific case and learn how we can help protect your rights as a landlord.