You're #Writ of #Possession is Judicial Victory

After a long hard fight with your Tenant to recover your property when they've failed to pay the rent or failed to abide by the lease in some other way that led to an Eviction, your first question is, "So when can we actually force them to leave?" There are still a few steps. The Eviction Judgment is only part of it. Your next procedure involves a document signed by the Judge call a Writ of Possession, but that document alone is not enough. Today's video explains how it works, and what your role is in executing the Writ.

The Law Office of Ernie Garcia stands out for its unparalleled expertise in landlord-tenant law, providing essential support to Texas landlords, apartment communities, and real estate investment firms. Whether it’s delivering legal notices, filing lawsuits, or defending landlords against tenant lawsuits and HOA or tax foreclosures, Ernie’s firm has done it all. Ernie Garcia, a distinguished landlord attorney with over 14 years of real estate law experience.

Additionally, The Law Office of Ernie Garcia assists clients with drafting Leases, Deeds, and Notices. He routinely delivers Notice to Vacate, Notice of Lease Termination, or Notice of Non-renewal for Landlords seeking to end a Lease relationship with a bad tenant. Ernie Garcia shows clients how the Eviction process can improve Tenant cooperation and reduces the potentially enormous losses that come from continued instances of partial and late payments.

Who you choose to work with really matters. Experience the difference of partnering with an attorney who truly cares. We are proud to deliver top-notch service to help our clients reach their business and personal goals. Whether you're looking to file an eviction, update your lease, or need help with a difficult tenant, The Law Office of Ernie Garcia, PLLC is here to shoulder the burden of tough litigation to put you in the best possible legal position to win, win win!

The information and materials made available on this video are provided by The Law Office of Ernie Garcia, PLLC for informational purposes only and do not constitute legal advice. The transmission and receipt of the information in this video does not form or constitute an attorney-client relationship. Individuals receiving said information should not act upon it without seeking professional legal counsel. "

[travillucky]

I truly appreciate this information, sadly there is not enough about the writ process for the landlord.

[MariaSantana-rt]

I had my unlawful detainer court trial today
My tenant lost the case
I was awarded writ of possession, their going to mail the papers ...
Writ of possession is faster in California, maybe 2 weeks..
Tenant was order by judge to move out, he didn't award me the back rent 3 months, I'm not sure why, but that's ok
I just want this tenant out, he was also selling drugs from my property
And NU executed search warrant a week before trial, so it help to get him out for illegal drug sales...

Great video thank you
Is very informative.
God bless..

[dominictagoe]

In los Angeles last Wednesday November 22nd I had a writ of possession in the mail only and not taped to the door. In the unit, we have 3 shaft gates. My expires on November 24th

[bobfrankel]

So here is a good one. The sheriff office here in Georgia has a 3 month wait time until they can have a sheriff come out. Is there any other option?

[Rawr-r-a-w-r]

Hi, I have a question. My rental home is in Dallas, TX. I won the eviction trial for nonpayment (partial August, full rent Sept and Oct) on October 25th. The judgement amount was $5k plus, and I still have to wait 5 days period. The earliest date I can get writ of possession is November 1st. However, the constable in my area has 1 to 57 days after he delivers the writ of possession to forcefully remove the tenants out of the premises per the judge. The tenants contact me today to pay for 1 month rent (November rent they said ) so that they can find new place to move out. If I accept their rent, can I apply the amount to the judgement they owed me, and in case they don’t move out as they promised by end of November, can I still request the constable to remove them from my rental property with the writ of execution? I’ll make sure I have writ of possession in hand. The only thing I’m doubtful is if I accept the payment, will I need to restart the process with NTV. Thank you for your advice.

[rebeccaveasey]

My property is in Phenix City, Alabama. I understand the Writ of Possession process, somewhat. The Judge gave my tenants 7 days to answer, today was the 12th day. The Clerk of Court's office gave me a Writ of Restitution or Possession form to fill out, also told me that I had to write a request for the Writ of Possession form to be in acted, and it would cost me $15.00. I can't seem to find anyone on YouTube who knows how to write that request, so I guess I will have to wing it and pray for the best.

[naturgrel]

Tenant thinks I have to purchase the writ of possession even though he left voluntarily and turned in his keys on the day of judgment in the county court.

[jamesgamble]

My tenant appealed a judgment against him to a superior court. He has not paid rent since August. Our court date is set for December. We will be requesting an writ from from the Judge. My Property will be Representing me.. I'm in the State of Georgia. Do I need more than my lease.

[davidhernandez-gqfw]

how many days do I have to file a writ of possession?

[CurserTV]

If I apply for writ today how soon will tenant get served

[jillybeanfortnite]

Can you pay the judgement when getting the writ of posession

[vitticus]

I'm a landlord in Tarrant County. I just received favorable judgment and tenant has 5 days to appeal. I drove by the property and have enough hints that the tenants have moved out but I'm not 100% sure. I don't know if I'm allowed to step on the property during this 5 day appeal process to ascertain that they moved out. But I have suspicion that one of their homeless friends saw the property was vacant and is probably sleeping inside. If I can ascertain that the tenant has moved out, can I take the property now or do I need to wait out the appeal process? And if there are homeless people sleeping in my property, can I just go in and tell them to get out myself or should I file the writ of possession?

[crand]

My tenant is two months behind on rent, he didn't pay June or July rent. I won an eviction in court in July. If I file for a writ on July 30th, and he pays rent august first, can I accept rent payment on August first, apply it toward the June's rent that he didn't pay and still let the sheriff come out and evict him?

[heightsgolan]

went to court and won. judgement is for $2600. the renter says she will appeal. The judge said she has a 5 day window to file the appeal. The judge set bond at $1500 for the appeal. my question is, is that 5 days, or 5 business days.

[gustavofuchs]

I won the original hearing by default but on April 4th. but my Tenant appealed (as per law) and was given until yesterday April, 13 2024 to pay the 1 month rent into the JP Court's registry here in Fort Worth, TX. Today is Sunday, April 14 and I won't know until tomorrow (Monday) morning when I call the Court to find out if the Tenant made the payment as stablished on the Judgement. My question is... can I go head an e-file the Wit of Possession today (Sunday) or should I wait until tomorrow to do it once I find out whether or not the Tenant paid? What would happen if I pay for the Wit of Possession and I find out later that the Tenant did make a payment into the Court's Registry? I would I lose the money or would it get reimbursed?

[jhill]

So my tenant has rented from me since 2020 and after that first year, I refused to give her another yearly lease because she had been problematic with late rent. So she is moth to month and now two months behind. Could I get a writ of possession on the fact she is month to month and I no longer want to extend, or would it still take as long as nonpayment of rent?

[MariainesVargas-kmfx]

puede un orden de posesion ser parada?

[KingNez]

Mr Garcia, I have a property here in Houston. My issue is that I have to keep turning down new tenent prospect's because the unit that im evicting the tenant from, is the only one I will have available....I go to get my writ of possession on tuesday, how long realistically will it take to get the tenant out after that? Can it be done this week afttet the writ or is that a unrealistic expectation?

[ericwilliams]

I know this from a year ago but i have a question im in Houston texas and i just got a writ filed on me friday how long do it take for the constable to come serve the writ??:

[lauradavannna]

Can I efile the writ of possession? Or do I have to absolutely go in person?