Evictions Guide Homepage - Reillys Real Estate Brokerage LLC

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Follow Our Guide Step By Step!

Disclaimer:

Reilly’s Real Estate Brokerage LLC and its employees are not licensed attorneys and do not provide legal advice or guarantee outcomes in any legal proceedings. The information we offer is intended to educate property owners about the eviction process and provide guidance based on our experience in eviction matters

Going through an eviction with a tenant can be
complicated, ugly, and intimidating

Understanding eviction process is key to a successful eviction.

There are NO GUARANTEES of any outcome.

The courts do not care about owner losing money every day or if tenants are causing property damage.
Eviction process must be followed and implemented from start to finish for any chance of receiving an eviction judgement from any court.
This process can sometimes get quite lengthy and in-depth.

What We Provide

We make understanding of eviction process user-friendly even for first timers.

Step by step instructions will be provided about evicting tenants for non-payment of rent, there are different options available to suit anyone's needs.

Basic eviction process for non-payment of rent is provided .

Eviction process for Holdover or anything other than none payment of rent will not be provided at this time. Referring to licensed attorneys for these matters.

Our Biggest recommendation is to learn the process, accept the process, and follow the process.

Here’s what you need to know to begin

Starting The Eviction Process

You can start eviction anytime a tenant breaches the lease (e.g., non-payment of rent), but the legal process must be followed precisely to win a judgment.
FIRST STEP: Serve a 3-day notice to vacate—the clock starts after the 2nd day rent is due.

3-Day Notice Rules

Use the 3-day notice to entice tenant into paying rent, making arrangements to pay rent , or to vacate the property.
KEY TIMING: Deliver after the 2nd day of the due date. When rent isn’t paid, give tenants 3 day notice. But keep in mind the first day does not count, so 4 days from actual date of mailing the notice.

Court Considerations

Filing moves your case to court, typically scheduled 2-4 weeks later on a weekday, depending on the court’s docket.

Who Attends? You or a representative must appear to present the case to the judge. Plan accordingly!

Our Recommendation

Work with Tenants First: Evictions are costly—think legal fees, lost rent, and replacing tenants. A few weeks’ delay for payment often beats starting over.

Contact tenants early to negotiate a plan. Document all efforts to show good faith.

Payment Complications

Warning: If you accept any payment (even partial) after serving the 3-day notice, it’s void in court. A judge will dismiss your case and you will have to start over.

What to Do If partial Payment is made:
- Return the Payment:
If you want to evict now, refund any money received and bring proof (e.g., a canceled check) to court.
- Wait It Out:
If you keep the payment, wait until next month, accept no further funds, and restart with a new 3-day notice.

Before filing, double-check: Have tenants paid anything? Verify dates and amounts.

Possible 6 Stages

Stage 1

3-Day Notice

3-day notice to vacate must be delivered properly and contain correct information.
Tenants may do the following
- Vacate Property
- Pay Full Amount
- Arrange Payment Schedule
Stay in contact with tenants at all times

Stage 2

Filing Eviction
Petition

Filing petition must be done properly and effectively to avoid any dismissals or delays .

Stage 3

Court Appearance

Representative must provide evidence on how all state rules for leasing and evicting a tenant were followed.
Plead for return of Property, lived up back rent amount, and court costs.

There is NO guarantee of any court outcome.

Stage 4

Writ Of
Possession

If the tenant fails to vacate within 5 days (excluding weekends and holidays) following the eviction ruling date, landlord must file a writ of possession to have the tenant physically removed.

A writ of possession is a court order that allows a landlord to reclaim their property from a tenant, marking the final step in the Texas eviction process.