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.
One of the most commonly asked questions by tenants facing eviction is “what happens after a judge rules in favor of the landlord?” Most tenants are concerned with how long they have to vacate the property after such a ruling and what happens if they disregard it altogether? A court order should never be ignored or disrespected. Today, we will talk about a Writ of Possession in Texas.
What is a Writ of Possession?
A Writ of Possession is an order from the Court that has previously ruled in favor of a landlord in an eviction case. The Writ directs the constable to seize or take control of the premises subject to the order and turn it over into the landlord’s possession. In other words, the constable will be forcing the tenant out who has refused to vacate after the Court has ordered the eviction. A tenant who does not vacate is ignoring or not respecting the Judge’s ruling who ordered the eviction. In our legal system, court orders are binding on the individuals subject to the order. The constable has a duty to serve the Court and will enforce the Court’s orders.
What Rights does the Writ Grant?
- 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.
- Any personal property that the tenant has not removed when the constable arrives will be handled according to provisions in the Texas Property Code. The Property Code states that the tenant’s possessions can be moved to the curb or beside the street. This is the procedure in this jurisdiction. All personal property will be moved by the landlord or his agent(s) out to the street. Neither the constable nor the landlord will take or keep any of the evicted tenant’s property.
- Property placed by the street under the execution of the Writ is done so at the tenant’s risk. Tenant’s failure to remove their property after being evicted is negligence or abandonment on their part. Tenant is solely responsible for their property and indifference or failure to act on the eviction can result in loss of property when it is placed outside. Neither the constable nor the landlord has any responsibility for loss or damage to the tenant’s personal belongings. Usually, property placed at the curb disappears after the constable leaves.
- The tenant will not be allowed inside the premises once the constable arrives and the forced eviction begins. The landlord will usually change the locks on the doors.
- Tenants remaining may be given a Criminal Trespass Warning for the property if the landlord requests. Failure to comply with a request to leave the property after a Trespass Warning is issued will result in the arrest of those who refuse to comply
Please note that if you are subject to a Writ of Possession and have remained on the premises with your property after ignoring the order of the eviction issued by the Court, immediate action is required on your part to spare the consequences of the execution of the Writ as outlined above.
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 need to?