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These notes were prepared from the RICH General Meeting (see our Photo Gallery) on December 3, 2005 - presented by the Honorable Bill Yeoman, Justice of the Peace Precinct 5. Judge Yeoman presented a few key points and helpful hints for successful evictions. More importantly, he laid out the steps to an eviction - to take away the mystery. Unfortunately, there are 10 of them. First, the steps, and then a quick summary:
2) Deliver an Eviction Notice - This can be done in numerous ways: certified mail, general mail, personally serve the notice yourself, or you can always have the constable serve it for $10. Contrary to popular belief, the notice does not have to be a 3-day Notice to Vacate. The Notice can be a one day notice as long as you state that in the lease. 3) File a law suit - To file a law suit, the landlord or property manager must go to the respective precinct court in which the property is located ($67). 4) Send the citation - to the Constable's office from the court to be served. 5) Constable serves the defendant - The citation can be served to anyone in the home over the age of 16. 6) Trial - Defendant and Plaintiff must be present. If one of the parties is not present, the Justice of the Pease rules in favor of the other. In a case were the Plaintiff is awarded the verdict the court also files for a judgment. (This judgment is not filed on their credit unless the Plaintiff abstracts the judgment. You can abstract a judgment at the same court that ruled in your favor. 7) Writ of Possession - After the court rules in the Plaintiff's favor and the tenant is still occupying the property, you have to file for a writ of possession. A writ of possession orders the Constable to physically remove the tenants ($125). 8) Constable receives the Writ from the court. 9) Constable places a 24-Hour Notice to Vacate on the front door of the property. Exactly 24 hours from the time the Constable placed the Notice, the Constable goes back to the property. If the tenant has still not moved, the Constable calls a moving truck to come collect all personal belongings of the tenant. The personal items are taken to a storage facility and the tenant is charged (by the storage facility) $50/day for storing the items. 10) You have your house back!!! Like any process, its simple, if you follow the right steps. But, one mistake can cost you weeks of your time (and therefore, money). In a perfect scenario, this process takes 22 business days. Count on 2 months. Judge Yeoman added further eviction tidbits during aspeech at a controversial seminar. Where to start? Check out our Eviction Resource to find your Harris County Precinct Courthouse... If you have questions and would like more dedicated and one-on-one/small group education, we can set up live in-person or on-the-job learning sessions - upon request or at a regularly scheduled time. Related Articles -BASIC EDUCATION OVERVIEW - Basic Investing ARV - After Repair Value Birddogging Contract for Deed Dealing with Contractors Estimating Profits Evictions - A Primer Executory Contract Foreclosure Overview Foreclosure Types Overview Hard Money Loans - a/k/a Asset Based Lending* Lease Options Leverage MAO - Maximum Allowable Offer Multi-Family Investing Basics as Presented by David Lindahl on March 4, 2006 No-Money Down Real Estate Investing Options Part-Time v Full-time Passive Investing For Beginners Pre-Foreclosure Profit Calculation Remodeling for Beginners Rent vs Buy Is Really Rent vs Sell Seller Financing as Investor Buying Tool Skiptracing Subject To Wholesaling Return to Listing Return to Investor Education |
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