Welcome to the Kazi Law Firm! We are a boutique law firm steeped in Texas tradition personifying the warmth and congeniality consistent with southern hospitality. We believe in preserving integrity and professionalism with true Texan charm, staying true to our roots, while providing essential, affordable legal services to all. Located just north of Dallas, Texas in the rapidly growing suburb of Frisco; the Kazi Law Firm concentrates on contracts drafting and review, immigration law, will & estates, real estate law, landlord, tenant, mediation, and general business law needs.
What is an eviction?
Many clients contact us with questions regarding eviction proceedings. Let’s talk about this critical aspect of the landlord-tenant relationship.
An eviction is a lawsuit filed by a landlord to remove tenants and their belongings from the landlord’s property. In Texas, an eviction is also called a “forcible entry and detainer,” and a landlord cannot remove a tenant from the property without filing such a case. You can be evicted for violations of terms listed in your lease, for example:
- Not paying rent
- Damaging the property
- Disturbing other tenants (unreasonably loud/noisy)
- Behavior that endangers the health and safety of others
- Failing to vacate the premises when your lease has ended (“hold-over”)
How do I know that I’m being Evicted?
In Texas, you must get written notice to vacate before the landlord can file a lawsuit to evict you. This notice to vacate must give you at least three days. The written notice can be delivered by hand to you or anyone in the unit over age 16; by mail, or posted on the inside of your front door. The date in the notice to vacate is not the date you will be evicted. Your landlord must go to court to legally evict you. Keep in mind that the notice requirements are different if you are in public or subsidized housing.
What Happens If Fail to Move Out by the Date on the Notice to Vacate Letter?
If you don’t leave after you get the notice to vacate, your landlord can proceed with the eviction lawsuit in Justice of the Peace (J.P.) court. A constable will serve the papers on you or anyone on the property over 16 years of age. If personal service fails after two attempts, the constable can post it on your door or slip it underneath.
What Happens After I’ve been Served with an Eviction Lawsuit?
Once you’ve been served with an eviction lawsuit, it’s critical to review the court papers carefully. The petition will state exactly why you are being evicted. The papers will also tell you when you must appear in J.P. court to explain your version of events to the judge. It is imperative to closely follow the instructions and deadlines in the papers.
If you would prefer that a jury rather than the J.P. court judge hear your case, you can request a jury trial and pay an additional $22.00 at least three days before the date set for your trial. You must appear in the J.P. court at the date and time given to you by the J.P. staff or as listed in the court papers. If you fail to attend the hearing, the landlord will ask for a default judgment against you. However, if you lose the hearing, you can appeal within five days.
Why Can’t I Ignore the Eviction Lawsuit?
If you ignore the lawsuit or do not appeal if you lost, the landlord can obtain a “Writ of Possession.” This writ is an order from the court telling the constable or sheriff to give the landlord possession of the property. Before the constable comes to remove you and your belongings, they must give you at least 24 hours’ notice and post the notice on your front door. Your property can legally be placed outside of the unit. Your landlord is not required to store your personal belongings or furtntrure.
Evictions can be avoided if you pay your rent in full and on time, abide by the lease parameters, and behave in accordance with the law. If you fail to do so, the landlord can and will exercise his/her legal rights to remove you and your possessions from the property.
If you find yourself in such a situation, contact your experienced Frisco landlord-tenant lawyers at the Kazi Law Firm, immediately. We proudly serve Dallas and it’s surrounding suburbs of Frisco, Plano, Prosper, Allen, Celina, McKinney, and beyond.
I built my law practice on the premise of being a life raft in a sea of sharks. I want to be an advocate for those that have been wronged and are too intimidated to seek help. My firm is here to explore your options, guide you through your legal journey, and give you that safe space to ask questions! There’s no such thing as a stupid question…Only the ones you don’t ask. So, my question to my clients is not “do you have any questions?” But rather “what questions do you have?”
As always, the Kazi Law Firm is standing by to help you in your time of need. Don’t hesitate to contact us today. We specialize in real estate law, landlord-tenant disputes, immigration, and wills & estate planning. Family is at the core of our practice. Just as we treat our family with respect and understanding, we treat yours. Come join the Kazi Law Firm family today!
Why swim alone in shark-infested waters when you don’t have to?