Suit for Eviction | Real Estate Laws
1. The landlord files the suit with the justice of the peace court asking for your eviction and any past-due rent.
2. You are served a copy of the papers by the sheriff's deputy or constable. The papers can be left with anyone 16 years or older at your home. If unable to find you, the papers can be mailed to you or attached to your door.
3. You can move out at this time voluntarily and not go to the hearing. If you fail to appear at the hearing and the landlord sues you for back rent, the landlord will win a judgment against you, awarding him or her the rent. Of course, he or she may win the judgment for back rent, even if you do appear.
4. The hearing date noted in the papers served will be no sooner than 6 days and no more than 10 days from the date notice of suit is served. The hearing will be in front of the judge alone, unless you request a jury trial. To have a jury trial, you must request one, paying the jury fee of $5.00 within 5 days of when you are served.
5. A the hearing, the landlord will tell his or her story first, explaining how you violated the lease. You tell your story next. The judge or jury decides if you are in violation of the lease and if you owe any back rent. If it is decided that you broke the lease, the judge will issue a judgement against you.
6. The judgment gives you 5 days to leave the apartment with all of your property.
7. At the end of 5 days, if you have not left, the judge will issue a writ of possession. This writ empowers the sheriff's deputy or constable to remove you from the apartment, physically if necessary. If you won't remove your property, the landlord will, under the deputy or constable's supervision.
8. Judgment in the justice of the peace court can be appealed to the county court for a new trial with a lawyer by filing an appeal bond with the justice court within 5 days of the hearing. You will need an attorney for this.
Eviction for Public Indecency Conviction: If you use the apartment for prostitution, display of obscenity, sale or distribution of obscene materials to a minor, or if convicted of similar offenses, you may be evicted. The landlord must give you 10 days notice to move, regardless of your lease.
2. You are served a copy of the papers by the sheriff's deputy or constable. The papers can be left with anyone 16 years or older at your home. If unable to find you, the papers can be mailed to you or attached to your door.
3. You can move out at this time voluntarily and not go to the hearing. If you fail to appear at the hearing and the landlord sues you for back rent, the landlord will win a judgment against you, awarding him or her the rent. Of course, he or she may win the judgment for back rent, even if you do appear.
4. The hearing date noted in the papers served will be no sooner than 6 days and no more than 10 days from the date notice of suit is served. The hearing will be in front of the judge alone, unless you request a jury trial. To have a jury trial, you must request one, paying the jury fee of $5.00 within 5 days of when you are served.
5. A the hearing, the landlord will tell his or her story first, explaining how you violated the lease. You tell your story next. The judge or jury decides if you are in violation of the lease and if you owe any back rent. If it is decided that you broke the lease, the judge will issue a judgement against you.
6. The judgment gives you 5 days to leave the apartment with all of your property.
7. At the end of 5 days, if you have not left, the judge will issue a writ of possession. This writ empowers the sheriff's deputy or constable to remove you from the apartment, physically if necessary. If you won't remove your property, the landlord will, under the deputy or constable's supervision.
8. Judgment in the justice of the peace court can be appealed to the county court for a new trial with a lawyer by filing an appeal bond with the justice court within 5 days of the hearing. You will need an attorney for this.
Eviction for Public Indecency Conviction: If you use the apartment for prostitution, display of obscenity, sale or distribution of obscene materials to a minor, or if convicted of similar offenses, you may be evicted. The landlord must give you 10 days notice to move, regardless of your lease.
