Wrongful Possession Of Property In Tarrant
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FAQ
The writ of possession is issued after an eviction judgment is entered by the judge and at least 5 days have passed since the judgment was entered.
Tax Code Section 23.23(e) defines a new improvement as an improvement to a residence homestead made after the most recent appraisal that increases the property's market value and was not included in its appraised value for the preceding tax year.
The burden of proof lies with the Landlord. The Landlord must prove their case. If the tenant fails to appear and fails to answer and was properly served, a default judgment will be rendered. At the Trial, a judgment may be rendered for either the plaintiff or the defendant.
24 Hours after the Writ is posted (even if no one is home), the landlord is entitled to receive possession of the property. The constable will arrive to see that the landlord takes possession and to remove the tenants if they continue to remain on the property.
A tenant who has been illegally evicted may be able to get a writ of reentry from a justice court in Texas. This writ would give them the legal right to return to their home. In addition, the landlord could be liable for one month's rent plus $1000, actual damages, court costs, and attorney's fees.
(h) A sheriff or constable may use reasonable force in executing a writ under this section. (i) A landlord is not liable for damages to the tenant resulting from the execution of a writ of possession by an officer under this section.
Yes. You should file a Motion to set aside default judgement. Once you do that you will have to address the underlying lawsuit. You will probably end up negotiating a settlement with the creditor.
After the court orders an eviction against your tenant, they have a minimum grace period of at least five days after the judgement to vacate your property.
(b) A writ of possession may not be issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure and judgment for possession is thereafter granted by default.
(b) A writ of possession may not be issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure and judgment for possession is thereafter granted by default.
