My tenant's deposit and first month's rent checks have bounced. What can I do to remove tenant?

In Texas evictions are handled by Justice of the Peace Court in the Precinct that your property is located in. Most counties in Texas are broken down geographically into Precincts.Call ahead or visit the Justice of The Peace court and ask them to look up your property address to make sure it is in that courts precinct before you file. Doing an Eviction in Texas can be broken down into 4 steps: 1) Giving the Tenant a Notice to Vacate 2) Filing an Original Petition to start a lawsuit against the Tenant 3) Going to Court for your Hearing 4) Filing a Writ of Possession to order the Constable to remove the Tenant Step 1 – Notice to vacate. This is a letter that you give telling the occupant they must leave your home. It is often called a 3 day notice letter because it gives the occupant 3 day’s to vacate the property. PERSONAL DELIVERY - You may hand deliver the notice to the tenant or to any person residing at the premises who is 16 years of age or older. You may also personally deliver the Notice to the property by affixing it to the inside of the main entry door (in case nobody is home). If the property has no mailbox, and there is no way for the landlord to enter the property then the Landlord may affix the Notice to the outside of the main entry door. MAIL - The law also allows you to mail the Notice to the tenant by regular mail, registered mail, or certified mail with a return receipt. However, some judges will not accept regular mail as a form of service, so it is highly recommended you send the notice by certified mail. Make Copies! - Make 2 copies of the Notice to Vacate before you deliver it. You will need one for the Court if you have to file a lawsuit STEP 2 - The Original Petition - After your Notice period is up and the if your tenant is still occupying your property, you need to go to Court for help. The way you do this is by filing a lawsuit against your tenant called a "Forcible Entry and Detainer" lawsuit. This sounds tricky, but is actually quite simple. You start the lawsuit by filing 2 forms: ORIGINAL PETITION - The Original Petition is what starts the lawsuit. Depending on the County, it is also called a Complaint, Original Complaint, Complaint for Eviction, Forcible Entry and Detainer, and other similar variations. Most Justice of the Peace Courts have an Original Petition that you can use available in their lobby, but you are almost always welcome to use your own as long as it complies with Texas Law. MILITARY AFFIDAVIT - This is more formerly called an "Affidavit of Military Status of Defendant." The purpose of this form is to protect the rights of members of our military while they are off protecting us. You simply check whether or not you think your Tenant is in the military. This form is filed along with the Original Petition. Get your Court Date - When you file the Original Petition and Military Affidavit, the Court Clerk will give you a time and date for your eviction hearing. You will show up to Court on that date to prove your case to the judge. STEP 3 – Go to Court. - Here is what to bring to court:A copy of your Notice to Vacate, The Award from the court showing you got the house, Any witnesses you need to prove something Any other evidence (warning letters, rent receipts, ledgers, etc) STEP 4 - Writ of Possession - You have won your lawsuit, the 5 day appeal period has passed, and your Tenant is still there. On the 6th day from when you won your lawsuit, you may file a "Writ of Possession." This form is available from the court where your lawsuit was. The Writ of Possession orders the Constable to oversee the physical removal of your Tenant and your Tenant's property. The Constable will post a 24 hour Notice to Vacate on the property, and after that will show up and physically remove your Tenant if necessary. For More information afeel free to email me at [email protected] or call me at 281-537-2171 or visit my website at www.springdivorce.net