WHAT IS A WRIT OF POSSESSION?

A Writ of Possession is a Court Order issued to the Constable after a landlord wins an eviction lawsuit. It authorizes the Constable to remove tenants and give legal possession, of property, back to Landlord.

Important: A Writ of Possession can only be requested if the tenant 1) has not moved out of the property by the Court's deadline or 2) has not appealed the eviction judgement

STEPS AND ESTIMATED TIMELINE:

1. Writ of Possession is requested and filing fee is paid (0 days)
2. Judge signs a Court Order (1-3 days)
3. Constable picks up Court Order and assigns a Move-out Deputy (3-5 days)
4. Process Server posts 24-Hour Notice to Vacate on front door (2-5 days)
5. Move-out Deputy makes appointment to meet Landlord (or their Agent) at property to execute Writ (10-15 days - possibly longer)

NOTE: Executing a Writ of Possession depends on the Constable's schedule. Some jurisdictions will allow you to pay a cash expedite fee. There are a few jurisdictions that make Saturday appointments.

VERY IMPORTANT: if you do not hear from the Constable within 7-10 days of requesting the Writ, follow up is required!

ON MOVE-OUT DAY:

• Be PREPARED and ON TIME for appointment
• Landlord or their Agent MUST APPEAR IN PERSON AT THE PROPERTY
• Constable WILL NOT allow you to execute Writ over the phone
• Constable will reschedule if you are not prepared (this could cause a significant delay)
• Constable is only there to keep the peace and will order Tenant and occupants off the property

Note: Constable does not assist with moving personal property

REMOVING PERSONAL PROPERTY:

• Landlord must 1) change the locks and 2) hire movers to remove personal property
• Note: Movers do not have to be bonded and not required to pack or box anything
• Movers simply remove personal property and place in designated area
• Constable will not execute the Writ unless the locks are changed and there are enough movers to complete the job in 2-4 hours
• There may be an additional fee if the job requires more than 4 hours
• We suggest placing personal items in contractor bags that are capable of holding heavy objects
• After locks are changed Tenant can be trespassed or arrested if they interfere or try to re-enter the property
• After Constable leaves the property, Landlord (or their Agent) is not responsible for what happens to the former Tenant's personal property

Important: we STRONGLY encourage you to (at minimum) inspect the outside of the property BEFORE the moveout date so you can make a rough determination of how many movers and what resources will be required! You may also be able to determine whether Tenant has moved out

We also suggest you contact Tenant to let them know the Writ has been filed and to expect an official 24-Hour Notice from the Constable. This will encourage Tenant to move which may reduce resources required for moveout and makeready

What if the Tenant has moved out before the Writ is executed?

CELEBRATE!

IF TENANT HAS VOLUNTARILY MOVED OUT:

• Cautiously enter the property to determine whether there are enough furnishings to sustain livability
• Make sure to take pictures or a video to use as evidence in case Tenant claims property loss
• Check to see if utilities are turned off--this is a key indicator whether property is abandoned
• Change the locks and take immediate possession to secure the property from vandalism or theft
• Post a 48-Hour Notice of Abandonment on the exterior door or the property
• Note: if Tenant makes contact before the 48-Hour expires, you must allow Tenant to retrieve personal property
• After the 48-Hours expires, Tenant will have difficulty obtaining a Writ of Re-entry from the Court if evidence supports abandonment
• You are not required to request a Writ of Possession or pay the (non-refundable) filing fee if Tenant voluntarily moves out of the property before the Writ is filed and fees paid
• If the Writ has already been requested, make sure to inform Move-out Deputy so the Writ can be returned to the Court as executed

ABANDOMENT:

The Standard Texas Realtors Residential Lease Agreement outlines what happens when the Tenant abandons the property:

Paragraph 16(B):(3) "Abandonment" occurs when all of the following occur:

(a) all occupants have vacated the Property, in Landlord's reasonable judgment;

(b) Tenant is in breach of this lease by not timely paying rent; and

c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door.

Article written by: Tiger Harris

Disclaimer:  Express Evictions of Texas is NOT a Law Firm and this information should not be considered legal advice. This informatoin is provided for marketing and informational purposes only. If you need legal advice, you must hire a licensed Attorney