Harris Texas Writ of Possession is a legal document used in eviction proceedings to restore possession of a property to the landlord. It is issued by the court and authorizes the constable or sheriff to take action to remove tenants from the premises. In Harris County, Texas, there are different types of Writs of Possession that can be obtained depending on the specific circumstances of the eviction case. 1. Residential Writ of Possession: This type of writ is used when a tenant fails to comply with the terms of their lease agreement or fails to pay rent. The landlord can request a residential writ of possession to reclaim their property from the tenant. 2. Commercial Writ of Possession: In cases where a commercial tenant has violated the terms of their lease, such as non-payment of rent or breaching other lease provisions, a commercial writ of possession can be obtained to regain possession of the property. 3. Post-Foreclosure Writ of Possession: Following a foreclosure sale, if the former homeowner refuses to vacate the property, the winning bidder or new owner can seek a post-foreclosure writ of possession to enforce their right to possess the property. 4. Execution Writ of Possession: This type of writ is typically used when a judgment has been entered against the tenant in a separate lawsuit, such as for damages or unpaid rent. The landlord can obtain an execution writ of possession to secure the property after obtaining a money judgment. 5. Repair and Remedy Writ of Possession: In cases where a tenant fails to make necessary repairs or remedy a specific issue identified in their lease agreement, the landlord may request a repair and remedy writ of possession to take possession of the property and rectify the problem on their own. Harris County, Texas, strictly adheres to the legal process governing writs of possession to ensure the rights of both landlords and tenants are protected. It is essential for landlords to understand the specific type of writ of possession required for their situation and follow the proper legal procedures to ensure a successful eviction process.
Harris Texas Writ of Possession
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Looking For a Houston Eviction Service? Filing TypeCourt CostEviction (1 tenant)$121Additional tenants$75 eachWrit of Possession$135Abstract of Judgment$20
A writ of possession cannot be issued more than 60 days after a judgment for possession is signed, and a writ of possession cannot be executed after the 90th day after a judgment for possession is signed. Rule 510.8.
You might be able to stop a possession order if your situation changes, for example if you start getting benefits and can repay your rent arrears. This is known as 'suspending' a possession order. You won't usually be able to suspend a possession order if your landlord used a 'mandatory ground' or reason to evict you.
You must file an original petition with the Court and pay $121.00 (subject to change). These courts costs pay for filing your suit, your court hearing, and for the Constable to serve the citation.
To acquire a Texas writ of possession that will lawfully enable you to reclaim your property after your evicted tenant's grace period is over, you must go to the county clerk's office and pay a fee to have the writ issued.
What is a Motion to Stay the Writ of Possession? Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident.
In Texas, the entire eviction process takes about three weeks. If you lose your eviction case, your landlord can get a document called a Writ of Possession after six days. The constable will give you a copy of the Writ of Possession at least 24 hours before forcibly removing you from the home.
In Texas, the entire eviction process takes about three weeks. If you lose your eviction case, your landlord can get a document called a Writ of Possession after six days. The constable will give you a copy of the Writ of Possession at least 24 hours before forcibly removing you from the home.
The Eviction Suit Once the suit has been filed, the tenant must be served with papers at least 6 days before the trial. A sheriff or constable may serve the tenant with papers by delivering them to the tenant or to a member of the household who is 16 or older.
Outright possession order The date will usually be 14 or 28 days after your court hearing.
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Notice of Intention to Evict. Landlords may not issue rent without first “Notifying” their tenant by sending him or her an official notice informing the tenant of their intention to remove the tenant’s) to make way for construction of a housing project or as a condition of sale. The notice must: Be in writing; contain the full text of the law; identify the person’s) (or people) in possession, the specific time and place the tenant’s) will be removed; state who will be the successor tenant’s); and state that the tenant’s) may be evicted before a judge has issued a writ of possession. Notice of Eviction. Landlords must provide a “Notification of Intention to Evict,” a completed “Notice of Intent to Evict” [PDF] form to their tenant’s). Filing a Warrant for Violation of the Landlord-Tenant Act. Chapter 24, Texas Property Code requires that a warrant for payment of all rent due be served prior to issuing the writ of possession.
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