Texas Eviction Attorney
It is not enough to hire just any attorney for your eviction. You need to hire a Texas eviction lawyer who can leverage his understanding of the eviction judges in your rental property’s jurisdiction and has years of experience handling all types of evictions.
The Texas eviction attorneys at Girling Law are experts in Texas forcible entry and detainer (eviction) law and have handled thousands of evictions. With offices north of Fort Worth and north of Dallas, Girling Law represents landlords in the following counties:
Don’t waste your money on a family lawyer who tells you, “I’ve handled a few evictions; I can do this for you….” Work with a Dallas eviction attorney or a Fort Worth eviction attorney who knows eviction law cold!
What Girling Law Does for You
Girling Law will provide you with end-to-end legal representation on your eviction matter. Our firm will evaluate which pre-petition eviction notices are required for your eviction (there are as many as four of these notices in Texas). While the notice periods pass, Girling Law will work with you to gather and identify all evidence needed to support your legal claims and draft all of your pleadings. On the first day, Texas law permits us to do so. We will file your eviction lawsuit and coordinate with the court to secure the earliest possible trial date for you.
As our legal team is working away on reducing your eviction’s timeline, our business development team is working hard to reach your tenants. We work to burn the forcible detainer candle at both ends. It’s not enough to get you the earliest trial date possible. We also work to convince your tenant to move out and pay you for the trouble they have caused. The best part – you don’t pay a dime for our attempts to reach a settlement agreement with your tenants!
Unlike our non-attorney competitors, we send a licensed Texas attorney who is trained and has experience with Texas evictions to your trial. We take no chances!
If we cannot convince your tenant to pay and vacate on their own before the trial, Girling Law will handle all aspects of coordinating a writ and scheduling a set out; your tenant’s forced removal. After you regain possession of your property, Girling Law will ensure any judgments you obtained begin reporting on your tenant’s credit file. Finally, depending on the size of any money judgment you received for unpaid rent, we will start the process of collecting against your tenant.
This is a lot. But don’t despair; you can afford us!
We have worked hard to ensure our exceptionally well-trained and attorney-supervised Paralegals and Legal Assistants handle the bulk of the work on your case. By limiting the lawyer’s role to reviewing documentation, developing your trial strategy, approving settlement terms and documentation, supervising the non-attorney staff, and attending trials and hearings, we can avail you of a competitive retainer to begin representation.
Eviction Attorney in Fort Worth, Texas
Certain landlord and tenant responsibilities are involved when you’re renting a property. The obligations of each party are clearly stated in the signed lease agreement. Landlords are expected to maintain and take care of their rental properties, while tenants are responsible for making their rent payments on time. Failure to do so may lead to termination of the tenancy contract and eviction.
Eviction laws may vary from state to state. In Texas, landlords can’t evict tenants without a good cause. The reason for eviction must be legally recognized by the state where the property is located. If you’re a landlord in a dispute concerning eviction with your tenant, it is advisable to consult a competent Fort Worth eviction lawyer to help you handle an eviction case.
At Girling Law, we are dedicated to helping our clients through the complexities of eviction and landlord-tenant disputes. Our hardworking legal team will stand up for your rights and ensure you are treated fairly throughout the eviction process. Our landlord law firm has the legal skills and knowledge you need to settle any real estate legal issues effectively.
What is Eviction?
Eviction is a process by which a landlord may legally remove a tenant from the landlord’s rental property. As the property owner, you have the right to evict tenants for reasons such as non-payment of rent or violation of the lease or rental agreement terms. The grounds for eviction will vary based on the eviction laws in your state, the type of property you’re renting, or how your landlord allows that property to be used. The experienced eviction lawyers in our Fort Worth, TX, and Dallas, TX offices can help you understand the valid reasons why you could evict a tenant from the rental property.
Nonpayment of Rent
Non-payment of rent is one of the most common reasons for eviction. The tenant fails to pay the rent before the due date specified in the rental agreement. In some states, you may begin the eviction process immediately. In other states, you must send one or more pre-petition notices. A Notice to Vacate is just one of as many as four pre-petition notices Texas law may require you to deliver to your tenant.
Damage to the Property
If the tenant damages or misuses your rental property, you may still file for an eviction. Evictions arising from damage to the property are what we refer to as a “conduct eviction.” These are among the most complicated evictions to prosecute in Texas. As the landlord, the burden of proof is on you! The judge isn’t going to start the trial by asking the tenant why he damaged your property. The judge will start the trial by demanding that you provide credible evidence – more than your word against your tenant’s – showing that the damage occurred and sufficient to have the Judge order your tenant out of your rental property.
The Dallas eviction attorneys and the Fort Worth eviction attorneys at Girling Law have tremendous experience with conduct evictions. More importantly, we employ an entire bag of tricks designed to reduce the risk level of these types of evictions. Unfortunately, the firm’s attorneys don’t allow me to share their secret sauce on this website!
Other Violations of the Lease or Rental Agreement
Because lease agreements and rental agreements are legal contracts, violation of these agreements can lead to eviction. Violations such as disobeying the no-pets policy, subletting the property to occupants that aren’t listed on the lease agreement, or failure to abide by other rental policies are considered grounds for eviction. When a tenant violates the lease agreement, you have the right to start the eviction process.
But these evictions are also “conduct evictions,” and they pose the same risks and pitfalls as evictions involving damage to the property.
Verbal Lease Agreements and No Lease Agreements
No lease agreement? No problem. We evict tenants who are not bound by a written agreement all the time. You only need to be the property owner to obtain an eviction judgment; the absence of a written lease agreement does not disqualify you from removing an unwanted occupant from your property. Therefore, this applies to situations involving romantic partners and family members.
Are you evicting one of your adult children? You’re not alone. And, no, this does not make you a bad person! Girling Law gets these cases all the time. Surprisingly, only a small portion of these evictions involve these young adults being addicted to drugs. Many parents today are fed up with their 20-somethings not wanting to leave the nest!
Having handled so many of these cases, our employees understand that you don’t want to wreck your son or daughter’s credit. In these cases, we typically do not ask for money damages, and we withhold the step of reporting anything to your youngling’s credit. More importantly, our team is trained not to make you the bad guy. Our focus is on being firm and preserving your relationship with your child. Girling Law’s team will work with your Millennial / Gen Alpha to coordinate new housing.
As for evicting romantic partners, not to worry. We won’t handle them with kid gloves the way we do with the family eviction cases! That’s not to say we will be mean to your past sweetheart. We’re nice to everybody-especially tenants. Hey – you get more bees with honey! It’s just a good policy. We have always gotten better results for our landlords by being courteous with tenants. That doesn’t mean being soft; it just means being nice. We are results-focused. Us being nice gets you better results.
What are the Steps in an Eviction Process?
If you are considering an eviction, you need to know how to go about it and what to expect throughout the process. According to the Texas Property Code, there are steps that landlords must follow to evict a tenant lawfully. Before you get started, it is essential to ensure that you comply with the eviction laws in your state. A knowledgeable Fort Worth eviction attorney / Dallas eviction attorney will guide you throughout the eviction process.
Provide the Pre-Petition Eviction Notice(s)
Before filing your eviction petition, you must give your tenant at least one written notice. However, there are up to four pre-petition notices in Texas. As the landlord, you have to know which of the four notices apply to your tenant’s eviction, the order in which the notices must issue, the waiting periods for the notices, how the notices are required to be delivered under Texas law, and how to do the day counts for each order.
Hint: a 3-day notice under Texas law requires you to wait five days. Pre-petition notices in Texas are strictly enforced. This means that one misstep on any pre-petition notices is grounds for dismissal, and it’s back to the drawing board.
Select the Court and File an Eviction Lawsuit
If the tenant refuses to move out even after receiving your pre-petition notices, you must file an eviction lawsuit (a/k/a forcible entry and detainer lawsuit). This process begins with selecting the correct trial courts. Texas trial courts include municipal courts, Justice of the Peace courts, County courts, Probate courts, District courts, family law courts, juvenile courts, criminal courts, etc. Once you figure out which type of court you must file your lawsuit in, you need to figure out which courts have jurisdiction over your case. For example, if you live in a different county than your tenant, you must understand which county you must file the eviction lawsuit in and why.
Your court will then issue a citation and petition, which tells the tenant they have been sued and sets a time for the eviction hearing. From there, the Constable will deliver the eviction lawsuit to your tenant.
Before you head into the hearing, you must prepare all the documents that you will need to prove your case. As the landlord, you must prove your case against your tenant. You need to present any evidence or witness who can testify to facts supporting your claim.
Execute a Writ of Possession
If you win the eviction trial and your tenant refuses to vacate the property, you may ask the judge to issue a “Writ of Possession.” A writ of possession warns the tenant to remove themselves and their property from the premises and gives local law enforcement the ability to use “reasonable force” to carry out the tenant’s forcible removal.
Why Choose Girling Law to Handle My Eviction Case?
The Texas eviction process can be tricky and confusing to navigate alone. Eviction issues can be challenging to resolve. It requires skillful legal intervention to prevent one side from taking advantage of the other. A landlord must complete every step of the eviction process according to state laws.
To minimize the pressure and challenges that an eviction action can cause, do not hesitate to consult our experienced Fort Worth eviction lawyers at Girling Law. Our landlord law firm will help you better understand the requirements and steps in the eviction process. We will address your particular legal needs, explain the law, and represent you in court.
Call us now and schedule an initial consultation.