Copyright 2013 John Steinsiek1 Landlord Tenant Relations John Steinsiek Chief Deputy (retired)

Copyright 2013 John Steinsiek2 The eviction process Utilities interruptions by the landlord – requirements Lockouts by the landlord - requirements How a tenant may regain entry when wrongfully locked out The Manufacture House is evicted Objectives – The student will learn

Copyright 2013 John Steinsiek3 Black’s Law Rules Property Code CPRC Business Code Old English Common Law Origin Definition Of Terms Laws Forcible Entry and Detainer Eviction Suit ==

Copyright 2013 John Steinsiek4 In Texas a person’s home is their castle even if they rent that castle A person can only be removed from their castle by “Due course of the law of the land”

Copyright 2013 John Steinsiek5 Landlord Liens (Residential) 170 There must be a written lease and the liens is not enforceable unless it is in bold underlined print A provision of a lease that purports to wave or diminish a right, liability, or exemption of this subchapter is void to the extent limited by this subchapter.

Copyright 2013 John Steinsiek6 If a landlord wants to use this a tool to collect back rent then he should do it before he files an eviction suit. Once the suit it filed the rental premises is under the control of the court. The court will determine who get possession of the rental premises and If the back rent has been requested the court will determine the tenant owes back rent and the amount.

Copyright 2013 John Steinsiek7 Exemptions A lien under this subchapter does not attach to: 1.Wearing apparel 2.Tools, apparatus, and books of a trade or professional 3.Schoolbooks 4.A family Library 5.Family portraits and pictures 6.One couch, two living room chairs, and a dining table and chairs 7.beds and bedding 8.Kitchen furniture and utensils 9.Food and foodstuffs 10.Medicine and medical supplies 11.One automobile and one truck 12.Agricultural implements 13.Children’s toys not commonly used by adults 14.Goods that the landlord knows are owned by a person other than the tenant or an occupant 15.Goods the landlord knows are subject to a recorded chattel mortgage or financing agreement (Tex. Prop. Code §54.042) 170

Copyright 2013 John Steinsiek8 Small BusinessResidence FarmCastle Big Business Property Code Ch 24 Defines the procedure for eviction Rule of Court Section 510 Gives the court instructions and service procedures

Copyright 2013 John Steinsiek9 The Eviction Suit Can not try title to property --- only who get possession (Rule 746) (510.3(e) A suit for “Back Rent” may also be joined with an “Eviction Suit” – Both judgments may be rendered at the same time (Rule 738) (510.3(d) The back rent judgment is not final for 10 days (Rule 571) (510.9(a) The eviction judgments is final after 5 days (Rule 749) (510.8)

Copyright 2013 John Steinsiek10 Landlord Requirements (148) Before Filing (Property Code ) (a) 3 days unless rental agreement call for different time (b) Purchaser at foreclosure sale must give 30 days if he will not rent to the tenant (c) (d) Forcible Entry - vacate immediate or by specified deadline (written or oral) Attorney’s Fees – to recover attorney fees registered or certified (return receipt) must be sent At least 10 days before the suit is filed

Copyright 2013 John Steinsiek11 Filing – Written Sworn Complaint TRCP 739 (510,3(a)(1 through 5) The complain shall be filed with the justice The justices shall immediately issue a citation directed to the defendant or defendants commanding him to appear before such justice at a time and place named in the citation, such time being not more than ten days nor less than six days from the date of service of the citation 148

Copyright 2013 John Steinsiek12 Filing Under Rule (149 & 259) Citation issues- Possession Bond Filed (TRCP 510.5) - Defendant may post a counter bond – Appear on the hearing date If the defendant does not appear on the 7 th day the court may issue a Writ of Possession

Copyright 2013 John Steinsiek13 NEW RULE Ptl. Files and post bond Def. Served notice Court may grant judgment 7 days after service. If Def appears or files an answer the Def. has 6 days to appeal the judgment. If no appeal the writ of possession issues on that 6 th day.

Copyright 2013 John Steinsiek14 Citation requirement 151 Must be on citation bold print-English & Spanish SUIT TO EVICT-THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. CALL THE STAE BAR OF TEXAS TOLL-FREE AT TEXBAR IF YOU NEED HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN ATTORNEY, YOU MAY BE ELGIBLE FOR FREE OR LOW-COST LEGAL ASSISTANCE –Effective

Copyright 2013 John Steinsiek15 Service of the Citation TRCP (510.4(b) Deliver to the defendant in person or By leaving a copy a person over the age of sixteen (16) years at the defendant usual place of abode. Delivery must be at least 6 days before the court date. 258

Copyright 2013 John Steinsiek16 If we are unable to serve the citation under rule 510.4(b) The officer must use Rule (510.4(c)

Copyright 2013 John Steinsiek17 Rule (510.4(c) Complaint may state work and home address If the officer is unsuccessful in serving the citation At least (6) days before the court date on the citation execute a sworn statement that the officer has made diligent efforts to serve the citation on at least two occasions at all addresses of the defendant in the county, stating the date, times and places where service was attempted 258

Copyright 2013 John Steinsiek18 Delivery to Premises TRCP (c) The justice may then authorize service according to the following Note: Judges have placed their own requirements on the number and times of attempts before they would authorize alternate service. Know what the judge will authorize.

Copyright 2013 John Steinsiek19 How is alternate service accomplished? (a) The officer shall place the citation inside the premises - Through a door mail chute or by slipping it under the front door and if neither is possible by securely affix the citation to the front door or main entry.

Copyright 2013 John Steinsiek20 Securely Affix? Door #1Door #2

Copyright 2013 John Steinsiek21 Mailing requirement in 510.4(c) (b) The officer shall on the same day or the next day mail a copy of the citation and complaint to the defendant at the premises in question. It shall be sent first class mail Post Office

Copyright 2013 John Steinsiek22 The Return (258) (c) The officer shall note the date and time the citation was delivered to the premises and the date the citation and complaint were mailed to the defendant. Remember: You still have the who, what, where, when and how requirements to follow

Copyright 2013 John Steinsiek23 The Trial is over and then? You have 5 days to appeal the ruling or move before the Writ of Possession issues Official Attorney Only 5 days? We have been there 10 years Times just got hard You still owe us Money to. I want my fee!!

Copyright 2013 John Steinsiek24 The landlord supplies the movers. TPC (d) (C) – TRCP 125 & 127 Keep in mind this is a civil suit. The county has no interest in the case. The county did not rent to the tenant. The county did not receive any rent payments.

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Copyright 2013 John Steinsiek26 The Writ of Possession The requisites of the Writ of Possession are found in the Texas Property Code The officer instruction start at (d) and continue through (g) This is language that must be on the Writ – if your writ does not read like the property code you could have a bad writ. 156

Copyright 2013 John Steinsiek27 Writ of Possession TPC (d) The writ shall direct the officer to: (1) Post a written warning of at least 8 ½ by 11 inches on the exterior of the front door of the rental unit notifying the tenant that the writ has been issued and that the writ will be executed on or after a specific date and time stated in the warning not sooner than 24 hours after the warning is posted; and

Copyright 2013 John Steinsiek28 Sample Warning

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Copyright 2013 John Steinsiek30 Writ of Possession TPC (2) when the writ is executed: (A) deliver possession of the premises to the landlord: (B) Instruct the tenant and all persons claiming under the tenant to leave the premises immediately, and, if the persons fail to comply, physically remove them;

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Copyright 2013 John Steinsiek32 (C) instruct the tenant to remove or to allow the landlord, the landlord’s representatives, or other persons acting under the officer’s supervision to remove all personal property from the rental unit other than personal property claimed to be owned by the landlord; and

Copyright 2013 John Steinsiek33 Inside a rental unit – before the Writ is executed

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Copyright 2013 John Steinsiek40 (D) place, or have an authorized person place, the removed personal property outside the rental unit at a nearby location, but not blocking a public sidewalk, passageway, or street and not while it is raining, sleeting, or snowing

Copyright 2013 John Steinsiek41 The Near By Location –

Copyright 2013 John Steinsiek42 (e) The writ of possession shall authorize the officer, at the officer’s discretion, to engage the services of a bonded or insured warehouseman to remove and store, subject to applicable law, part or all of the property at no cost to the landlord or the officer executing the writ. (f) The officer may not require the landlord to store the property

Copyright 2013 John Steinsiek43 If any property is stored Texas Property Code (a) If personal property is stored by bonded or insured warehouseman – the warehouseman has a lien on the property to the extent of any reasonable storage and moving charges. Insured Warehouse

Copyright 2013 John Steinsiek44 Texas Property Code (b) If removed and stored under a writ of possession the officer shall, at the time of execution, deliver in person to the tenant, or by first class mail at the tenant’s last know address not later than 72 hours after the execution of the writ, a written notice stating the name, address and telephone number where the property may be redeemed and stating that;

Copyright 2013 John Steinsiek45 Manufactured Home--- Rented like an apartment If the tenant does not own the manufactured housing and he is renting the unit (like an apartment) not the space – then the premises becomes the manufactured house – not the lot. The tenants belongings would be moved out.

Copyright 2013 John Steinsiek46 Eviction of the Manufactured Home The landlord notice to vacate times are different The premises is defined as the space and any area the tenant has access to because he is a resident of the Manufactured Housing community. 177

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Copyright 2013 John Steinsiek48 Vacant Premises Occupied Premises Other parts like the clubhouse the premises tenant has access to because he is a tenant in the community

Copyright 2013 John Steinsiek49 Before it can be moved /178 Tex. Trans Code §623 –093 (d) and (f) Requires a permit be obtained from T.D.O It maybe obtained with an Eviction Writ of Possession or A statement from the Tax Assessor on the county where the manufactured home is located saying there are no taxes owed on the home.

Copyright 2013 John Steinsiek50 Removal of a tenant from a manufactured home community 183 The landlord may prevent the tenant from entering the lot, evict a tenant, or require the removal of a manufactured home from the manufactured home lot only after obtaining a Writ of Possession under Chapter 24---Property Code (a) Actual eviction proceedings are conducted under Chapter 24

Copyright 2013 John Steinsiek51 Your writ does not authorize you to remove property from the manufactured housing. The manufactured housing is to be removed from the premises (the lot). Harris County does remove the tenants property and store it at a separate location. Some agencies inventory the manufactured housing It is the mover’s responsibility for correctly securing the contents before they move the home.

Copyright 2013 John Steinsiek52 Writ of Possession TPC (h) A sheriff or constable may use reasonable force in executing a writ under this section Note: These writs may be done on any day of the week but are not generally executed on Sunday.

Copyright 2013 John Steinsiek53 Tenant Rights--- Interruption of Utilities – Electric only when paid by the landlord Tenant must be at least 7 days late on rent— The Landlord May Not Remove Doors, windows, attic hatchways, lock, latches, hinges or pins, doorknobs, furniture, fixtures, or appliances furnished by the landlord except for a bona fide repair or replacement and must be promptly preformed

Copyright 2013 John Steinsiek54 Lockout - TPC The landlord may not intentionally prevent a tenant from entering the leased premises EXCEPT BY JUDICIAL PROCESS TPC (B) Exception – bona fide repairs, construction or emergency If the tenant is delinquent in paying all or part of the rent – the landlord may lockout – NEW If the rental agreement has the lockout section in bold print- TPC (d)(2)

Copyright 2013 John Steinsiek55 Lockout – Landlord Requirements TPC (c)(1)(2)(3) Post a written notice on the front door stating 1. An on-site location where the new key may be obtained 24 hours a day. 2. Or a phone number answered 24 hours a day that may be called to have a key delivered within 2 hours. The new key must be given even if the rent is not paid.

Copyright 2013 John Steinsiek56 Commercial Lockout TPC (f) Requires written notice Requires sign on the door when lockout occurs DifferenceDifference Key only has to be made available during normal business hours and Only after the back rent has been paid

Copyright 2013 John Steinsiek57 Writ of Reentry Tenants rights after an unlawful lockout 163

Copyright 2013 John Steinsiek58 Jurisdiction – Precinct where the property is located The tenant must file a sworn written complaint stating the facts of the lockout The tenant must state under oath the facts of the alleged lockout before the Justice of the Peace. This proceeding may be an ex parte hearing and most often is.

Copyright 2013 John Steinsiek59 (c) The justice reasonably believes an unlawful lockout has likely occurred, the may issue a Writ of Reentry Entitles the tenant to immediate and temporary possession of the premises, pending final hearing (d) Served in the same manner as a writ of possession in a forcible detainer action. A sheriff or constable may use reasonable force in executing a writ of reentry

Copyright 2013 John Steinsiek60 Issuance of The Writ of Reentry TPC (i) If the landlord or the person on whom a writ of reentry is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served. Court is made aware by plaintiff or attorney Show cause order is issued for hearing Hearing-if judge finds the person directly or indirectly disobeyed the writ – Judge may commit the person to jail for contempt until the person purges himself of the contempt.

Copyright 2013 John Steinsiek61 Writ of Reentry – Defendant Right TPC (e)(f) (e) The landlord is entitled to a hearing on the complaint The hearing shall be held not earlier than the first day and not later than the 7 th day after the date the landlord requests a hearing (f) If the landlord fails to request a hearing by the 8 th day after service of the writ a judgment may be issued against the landlord for court cost.

Copyright 2013 John Steinsiek62 The End Any Questions?