What’s the Eviction Process in San Antonio, Texas?
If you live in San Antonio, TX, and you’re a landlord, then it’s imperative that you understand the eviction process. If you do, then there will be no misunderstandings. If the time comes that you need to deal with a bothersome tenant, then you can do so accordingly.
Why Might a San Antonio Landlord Evict a Tenant?
The first thing to understand as a landlord is that you’ll need to have ample cause to evict a tenant. A violation of the lease agreement would be just cause. Criminal activity in the house or apartment, nonpayment of rent, or excessive property damage would be suitable as well. The most common reason to evict, though, is nonpayment of rent.
The Texas Property Code
The Texas property code is going to be your go-to if you have questions about the eviction process. Section 24 is the specific area dealing with evictions. You must first deliver written notice before filing a court action. That notice must be given properly. It should state why you are asking the tenant to vacate, and it must be physically handed to someone at the property who is at least 16 years old.
You can also tape or affix the notice to the inside of the front door, or you can mail it to the property. If you do mail it, then it helps to use certified mail as a way of documenting the transaction.
The Court System
After delivery of the notice, if your tenant still has not vacated, you can request a Writ of Possession from a judge. That allows you to legally change the locks, effectively barring the former tenant from the property.
You’ll need to present to the judge the tenant’s name, contact information, the rental property address, and reason for the eviction. You’ll also have to tell the judge how much money is owed and the date that the tenant became a resident of the property in question. The tenants will also have an opportunity to be there to contest the eviction.
You can ask for a judgment if there is rent still owed after the tenant has vacated. Unless the former tenant contests this process, the judge should find in your favor, provided that you have followed each of the appropriate steps. If the tenant refuses to be evicted, but the judge has already ruled in your favor, you can then ask for a sheriff to assist you in forcibly removing them.
The Importance of Following these Steps Correctly
While this seems like a straightforward process, you’ll need to make sure that there are no missteps along the way. If you make one mistake, then your case will be thrown out, and then you’ll need to start over. Many landlords choose to consult with a lawyer or a professional legal advisor who can give you some advice.
There is no reason that you shouldn’t have a long and respectful relationship with your tenants, San Antonio landlords. Play by the rules and your properties should remain profitable. If you are having serious problems in evicting a tenant, keep in mind that there are always landlord rescue services available to you.