Eclipse Property Management

What's a Writ?
A writ of possession is your legal way to evict a tenant if they're being a problem! It's an official letter from a Texas court that orders the tenant(s) to vacate the property by a specific date and time. If, by some off-chance, the tenant(s) do not vacate by the date and time, a constable will forcibly remove them and any possessions from the property.

To get a writ, you have to start the eviction process including going through a notice to vacate, filing an eviction, and a trial where the landlord/property manager is granted possession. You can then file for a writ if the tenant(s) does not leave the property voluntarily.

There are also a couple stipulations that come with a writ of possession: the constable has to post a 24 hour notice stating that the writ is going to be executed; the tenant's property cannot be destroyed or damaged when being removed; the landlord has to hire movers at their own expense.

If you believe a tenant isn't going to pay rent or cause other various issues, don't hesitate to file for eviction. You should never wait to file for eviction, it's better to remove the tenant than let them cause a whole world of problems for you and everyone else involved.

How to File Your Eviction
Actually filing the eviction is very important, and has to be done right. The first thing you should do is make sure you gave the required notice to vacate to the tenant at least 3 days before you file for eviction (unless the lease states otherwise)

The only place you can go to file it, is the Justice of Peace Court in the precinct that the property is located in. If you're unsure of where that is, many counties will have a map on their website. Additionally, you can now file for evictions online! You can do this at https://efiletexas.gov

If you are going in person to file, there are 3 must have documents you need to bring with you. These are the lease agreement, proof of notice to vacate (time-stamped), as well as the tenant payment history (if it's applicable).

Yes, it does cost money to file for eviction. You can ask the court for any legal payments made, but only if you win the eviction and any other requirements. The cost of filing and writ of possession varies from county to county, in Collin County it is $129.00 and in Dallas county it is $134.00 for the eviction suit. Both have a cost of $175.00 for the writ of possession.

You should always double check your jurisdiction when filing because filing in the wrong one is a very common mistake. Also, make sure you did give the notice to vacate and have PROOF. The notice should meet al legal requirements as well as any stipulations in the lease agreement.

eFileTexas.Gov | Official E-Filing System for Texas eFileTexas.gov is the official e-filing system for Texas Courts. Learn more about e-filing in Texas »

The Court Hearing - The Most Important Part of an Eviction

What to Bring
When preparing for your hearing, it's important to have all your facts in order, and to bring evidence and documents to back yourself up. You should definitely have the lease agreement, notice to vacate, and any communication records between the property manager/landlord and tenant. If it is part of the reason for eviction, any proof of damage, such as photos, should also be brought.

How to Act
As a property manager, and even landlord, you should be dressed professionally at the courts. This includes business professional: suits, blazers, pencil skirts, etc. Be modest and keep your clothes clean (this includes ironed!). Keep in mind the judge is in a place of power, treat he or she with respect and never interrupt, they do show the tenant mercy! Also, don't get greedy. They might take it all away if you ask for too much. If they grant you possession, say thank you and walk away, there's no need to go back and asked for any monetary damages (unpaid rent, attorney fees, damages, court costs, etc.).

Evictions can be a hard process, especially for a landlord. If you think you're going to struggle, find a good property manager to help you! They handle so much including evictions and can make your life much less stressful!

You're getting evicted! Oh no! Here's all the information about the process and what you'll have to do:

Part one - the notice to vacate. This is the landlord's official request for the tenants to vacate the property. The notice must:
- be in writing
- state the reason for the notice, the date to vacate the premises, and that legal action will follow if tenant does not comply.
- be delivered at least 3 days before filing for eviction (unless otherwise stated in the lease).

You can usually expect the notice to be placed on the inside of the main entry door or hand-delivered.

Part two - You will then be summoned to a hearing at your local courts. The hearing is usually set between 10 to 21 days after the property manager/landlord has filed the eviction. You will have the chance the defend yourself and it's important that you present yourself well. The judges do sometimes give the tenant mercy.

Part three - the outcomes. Two results that could be granted to the landlord are grant of possession and monetary damages.

Part four - after-outcome actions. You, as the tenant, have 5 days to file an appeal after judgment. If you don't wish to file an appeal, you have those 5 days to move out, and by the 6th day, if neither action has be done, the landlord must request a writ of possession and this is NOT fun. You will then be forcefully moved out along with all of your belongings.

There are only 3 conditions that are require before a landlord can intentionally prevent a tenant from entering the leased property for non-payment of rent. These are those conditions:

First, the right for the landlord to change the locks because the tenant has not paid rent must be stated somewhere in the lease agreement.

Second, the tenant has to be late in paying all or part of the rent.

Third, the landlord has to provide a written notice either by: mailing locally earlier than the 5th calendar day before the date that the locks will be changed, hand delivering to the tenant, or posting on the inside of the main entry door of the property earlier than the 3rd calendar day before the date that the locks will be changed. This written notice must contain the:
- earliest date that the landlord proposes to change the locks,
- amount of rent the tenant must pay to prevent the landlord from changing the locks,
- name and street address of the individual and/or location that the late rent can be discussed or paid during the landlord's business hours, and
- tenant's right to receive a key to the new lock at any hour, whether or not the tenant pays the delinquent rent, which must be underlined or placed in bold type

Did you know a lockout preventing the tenant from entering hir/her individual unit does not prohibit the tenant from entering a common area of the rental property?

Handling your tenant's AC filters

Many landlords and property managers don't believe in their tenants to replace air filters on their own. So it's become common for some landlords to go in and even change them out for the tenants. Occasionally, landlords even provide the air filters for their tenants. Air filters are a crucial part of keeping the property sanitary and fresh, especially if the leases are short-term and new tenants are moving in regularly.

Another overlooked aspect of renting is making sure the humidity levels aren't too high, this is especially important in cities/states with very moist climates. Humidity levels inside the house should not exceed 55%. Too high of a humidity levels can cause air filters to grow mold and even collapse because it became too damp.

As a landlord it's important to keep your property up to code and clean, and for realtors, being able to show your clients a house with new air filters increases the chance of them putting an offer on that property, rather than nasty air filters and a bad air flow throughout the house. Property managers are there to take over the main communication between tenant and landlord and to make the process of leasing easier. This can include reminders about the air filters and any other seemingly menial tasks.

Cash for Rent??

According to law, a landlord actually HAS to accept a tenant's rent in cash, unless the lease agreement specifies otherwise (otherwise such as check, money order, etc.). If the tenant pays rent by cash, the landlord must provide a written receipt to the tenant. A record book including the payment date and amount, at the minimum, must be kept and maintained by the landlord as well.

If a landlord refuses to accept a cash payment for rent, or doesn't provide a receipt and keep a ledger, someone else can act on the tenant's behalf and file to charge for the violation. This someone else may include a governmental entity or a civic association, or any other suitable institution. If the tenant wins the case, they could receive back one month's rent of even $500 for each violation by the landlord.

When going through a lease and building your own, it's important to do your own research and see what is and what isn't allowed. There are some unexpected laws out there!

Advance Notices to Terminate Leases

The termination of leases is always a touchy subject and there's lots of guidelines and laws that must be followed. There's also some exceptions that can make it more confusing, for example, notice requirements are not required if:
- the landlord and tenant have both agreed and signed a different or no notice provision
- there has been a breach of contact that's recognized by law

To give proper notice of lease termination for a monthly tenancy where the rent-paying period is at least a month, the lease will end either:
- the day specified in the notice or
- one month after the day the notice is given
Whichever date comes later is the correct date for the tenancy to end.

When the rent-paying period is less than a month, the lease will end either
- the day specified in the notice or
- one day after the notice is given plus the number of days equal to the rent-paying period
Once again, whichever date comes later will be when the tenancy ends

If the termination date does not match to the start or end of a rent-paying period, the tenant's last rent payment is prorated; they are only obligated to pay for rent up to the date of termination.

For a year-to-year lease, the agreement could require the tenant to give a 30 day notice to vacate, even with a given term. If there's a failure to provide notice before the tenant moves out, it could end up extending the lease beyond the end date.

A quick look at my work life — what I do, who I work with, and what I stand for as Broker/Owner of Eclipse Real Estate Group and Eclipse Property Management. Client satisfaction, retention, reputation, and loyalty aren't just words — they're how I do business. 🏡

Terminating the Lease with a Criminal

In certain circumstances, a landlord can terminate a lease after a criminal conviction. A landlord may have the right to terminate a lease when a tenant or occupant uses the property in a way that results in a conviction for certain criminal activity. You would think the landlord would be able to terminate the lease with any criminal conviction, but that's not the case.

However, the conviction alone may not be enough. There are additional requirements that must be satisfied before a landlord can terminate the lease.

These requirements can include:
• The lease must meet certain timing requirements.
• The convicted person must have exhausted or abandoned their available appeals.
• The landlord or other qualifying party must provide proper written notice within the required timeframe.

When all of the necessary conditions are met, the landlord may be able to regain possession of the property after the required notice period. It's also important to understand that these situations can involve questions about who is authorized to provide the required notice, particularly when a property manager, leasing agent, or another party is involved.