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Dallas Real Estate Law Firms and Eviction Proceedings

Eviction is when individuals, usually tenants, are removed from dwelling places due to the non-fulfillment of some part of their lease agreements or dwelling contracts.

What exactly are eviction proceedings like in Texas?  And how can a Texas real estate law firm help you if you find it necessary to initiate such an action?  These are questions that need to be asked.

Dallas real estate law firms help with each step

If you do need to evict a tenant for violation of a lease agreement, dwelling contract or other reason, you must do so using the proper legal procedures.  You do not want to be accused of cruelly forcing someone out on the street, when all that you are really attempting to do is regain rightful control of your property.  The appropriate way to start an eviction is as follows:

• Give your tenant written notice that he or she must vacate the property.  Although, technically, you are allowed to give verbal notice, it is highly recommended that you obtain proof that a notice was served.  This typically involves telling the tenant to vacate in writing, either in the presence of a witness, using certified mail, or by hiring a professional courier.  Unless the tenant signed a lease stating otherwise, a landlord must wait three days after the notice is delivered before he or she can file an eviction petition with the local court.
• File the petition for eviction.  The Eviction Form for Texas, which can be obtained at the local county courthouse, is the document that you need in order to begin a legal action.  Be sure to complete and file it in the county and precinct in which the property is located.  One of the county clerks should be called upon to act as a witness to its signing--or better yet, to notarize the signature.  You will have to pay court costs that cover such things as filing the petition, holding a hearing, and serving a citation to the tenant indicating that eviction proceedings have begun.

Texas real estate litigation

It may be necessary to retain the services of a Dallas real estate attorney that specializes in real estate contracts if your tenant fails to cooperate with the eviction proceedings.  A skilled lawyer can help protect your best interests in the following ways:

• Attending the hearing.  An eviction hearing will be held after you file the original petition.  This is where a judge hears evidence as to why removing the tenant is necessary and legal.  You can bring witnesses, and present documents and other pieces of evidence that help to bolster your case.  Unfortunately, the tenant can do the same.  That is why it is recommended that you have a lawyer present who can explain things to the judge in an efficient and convincing manner.
• Launching an appeal.  If the results of the hearing prove unfavorable to you, an appeal may be needed.  This is another way in which an attorney can help you.  It is important to note that, in Texas, you have only five days after the original verdict to appeal the decision of the court.

Information in this post gathered in association with a bankruptcy lawyer in Albuquerque