An eviction is a lawsuit filed by a landlord to remove persons and belongings from the landlord’s property. In Texas law, these are also referred to as “forcible entry and detainer” or “forcible detainer” suits.
Evictions in Texas are governed by Chapter 24 of the Texas Property Code. The eviction process usually takes about two (2) weeks. The general process is as follows:
- After the foreclosure process is complete, Creditor sends a Notice to Vacate to Debtor;
- After the expiration period has expired for the Notice to Vacate, Creditor must file a Forcible Entry and Detainer in the Justice of the Peace Court;
- Creditor must attend hearing scheduled by the Justice of the Peace Clerk in order to prove the existence of the security agreement, delinquency, and proper foreclosure.
- After obtaining judgment against Debtor, Debtor has five days to appeal said judgment;
- If no appeal, then Creditor may take possession of property;
- If Debtor has not moved out within the five day period, then Creditor may contact Constable to assist in move out of Debtor from property.