There’s a difference between a writ of possession and an eviction notice. Many people think evictions are the same as writs of possession, but they are not. They are within the same process but has a different set of rules and requirements. No need to worry about unwanted items in either scenario because IREP Junk Removal can always help. We’re discussing the differences between the two and how we can help in the Austin, TX Travis County area.
Evictions
Each city or county deals with an eviction and a writ of possession differently. If you live outside Travis County, you should look into how it operates. In the Austin Texas area, the eviction process starts with a landlord, or property owner, alleging that the tenant is in breach of the lease. The common landlord argument is that the tenant has not paid rent, disturbed the peace, has unauthorized guests or is otherwise in default of the agreement.
Tenants usually give a long list of broad allegations made against them by the landlord that they believe are attempts to enforce their rights or apartment community policies. In most instances, the landlord need only allege the breach. The burden is on the tenant.
Before filing an eviction, a landlord must give the tenant a written three-day notice to vacate (NTV). No need to give a reason. The tenant must make a choice to move or face eviction charges. Most tenants can’t even move out in 24-72 hours.
If the tenants move out in time, it’s very possible they will leave junk and other items behind. The landlord will have the burden of removing all items in order to turn the residence over.
IREP offers eviction trash out service and can give house cleaning referrals amongst other home services if needed!
If the tenant does not leave the property, an eviction will be filed and there will be a court hearing. Both parties may need a landlord/tenant lawyer. In Austin, TX there were over 700 eviction filings in May 2022 and over 500 in June 2022. Not all of them turned into writs of possession.
Writs of Possession
The property owner has filed for an eviction and it will follow the tenant on their record. Evictions can do considerable damage. Which is one reason why many don’t get to the writ of possession stage. If there is a writ, then that means a sheriff or constable delivered an eviction notice in-person or by mail. The tenant also lost the case in the hearing.
Fifth day post-hearing, if the tenant has still not vacated, the landlord must file a writ to reclaim the property. They will also schedule a date on the writ.
24 hours prior to the date, a Constable will show up to the residence and place a bright sticker on the door. They will notify the tenant they need to vacate by tomorrow, or be forcibly removed.
On the date of the writ the Constable shows up to make sure nothing bad happens with he tenant. Any of the items left on the property will be moved onto public property, like the sidewalk. The tenant (or anyone) can take what they want the for next 24 hours. There are rules and laws that needs to be followed with certain items, porn and drugs. IREP knows these rules. The locks are also changed.
After the tenant and everyone else has their time to take items, then all can be removed completely. The property owner can continue whatever process they want to pursue with the home.
IREP can move and remove all items while following the rules!
If you know anyone dealing with these situations in the Austin, TX, Travis County area, connect them with IREP. We can help the situation go a lot more smoothly. We’ve done several of these jobs and are very knowledgeable of these situations. We are grateful and appreciative of any and all referrals.
One referral we’d love to have is a connection to Landlord Tenant Lawyers in the area. They are a great common denominator and will know how and where to make connections for us.
This is a hard situation for anyone, but we all have jobs to do and we like to help. Please contact IREP Junk Removal for all your hauling needs. Find out more about our property management and realtor services.
Before and After Photos
Resources
https://www.austintexas.gov/edims/document.cfm?id=299042
https://guides.sll.texas.gov/landlord-tenant-law/evictions
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