REAL ESTATE EVICTIONS

What Is An Eviction?

In the event of unlawful or illegal residence in an apartment, house, or commercial structure, an eviction is the removal of that individual or business held by the landlord of the property. It may even entail a forcible removal of a person or entity from a premise as stated, including the use of a constable. There are a variety of ways to become evicted and a variety of notices to go along with them. Pay rent or quit notices (e.g., pay your rent notices), cure or quit notices (e.g., fix the problem now notices), and unconditional quit notices (e.g., top illegal activity) are all types of notices meant to give notice to a tenant that an eviction may be imminent.  There are types of notices that don't need a cause, including 30-day notice to vacate, 60-day notice to vacate, and, finally, rent control exceptions. Our Dallas eviction attorneys can advise you on a wide range of legal matters to assist you in understanding your legal rights before, during, and after an eviction.

The Eviction Process In Dallas, Texas

Generally, the first step in any Texas eviction is to provide the tenant a notice to vacate. All eviction lawsuits for properties start in the city in which they are located.  For instance, a property within the city of Dallas must be filed in a Dallas County Justice of the Peace Court in the precinct where that property is located. Upon filing your eviction lawsuit in the proper Dallas Justice of the Peace Court, the clerk will schedule the eviction trial and send notice to the renter. Most eviction trials are scheduled about three to four weeks from the day the clerk notices the eviction or the lawsuit is filed. When you work with our firm, you can rest assured you will receive direct legal counsel from a well-versed lawyer in commercial law. 

How To Appeal An Eviction In Dallas, Texas



Once an eviction trial is complete and the landlord has successfully won an eviction, the tenant has 5 days to appeal. The landlord cannot request a writ of possession before the expiration of this 5 day period. But after the Justice of the Peace signs the writ of possession, the landlord's attorney and the Constable will notice the renter of the day of any forced move-out.  After the expiration of thirty days following a successful eviction judgment, the landlord can report abstracting the judgment for enforcement purposes.  There are basically three methods for tenants to appeal:

• Transfer of the Justice of the Peace Case to a County Court at Law;

• Appeal to the Fifth Court of Appeals in Dallas; and

• Appeal to the Texas Supreme Court.

If your tenant files an appeal brief, you should be working with a Dallas eviction attorney who has experience briefing before a Texas Court of Appeals.  Our Dallas eviction attorneys will handle your eviction from beginning to end, including all appeals.