Forcible Detainer Entry With Motion To Dismiss
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FAQ
Can I expunge my eviction record? There is no way to expunge your rental record in Texas. If there is a mistake on your record, contact the background check company and ask them to correct it.
If the court decides in favor of the landlord, the court will issue a Judgment and a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily.
If you do not move in time, the landlord can go back to the court and ask for a ?writ of execution.? The landlord can then ask law enforcement to post a 48-hour notice on your door. This is your final opportunity to move. After 48-hours, the sheriff will return to remove you and lock you out.
?Forcible entry and detainer? (FED) is the legal proceeding a landlord uses to evict a tenant. The landlord must follow very specific steps, such as properly serving a notice to quit. The landlord must prove the right to take back the rented property and give the proper legal notice to the tenant.
If the landlord wins, she gains possession of the premises and the tenant must leave. If the tenant wins, she is allowed to stay in the unit and pay rent.