Handle a Writ of Possession & Eviction the Best Way

There’s a difference between a writ of possession and an eviction notice. Many people think an eviction is the same as a writ of possession, but they are not. They are within the same process but have 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 assist 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 choose to move or face eviction charges. Most tenants can’t even move out in 24-72 hours.

If the tenants move out in time, they may leave junk and other items behind. The landlord or property owner will have the burden of removing all items 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.

Writ of Possession

The property owner has filed for an eviction and it will follow the tenant on their record. Evictions can do considerable damage. This 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 before the date, a Constable will show up at 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 the tenant. Any of the items left on the property will be moved onto public property, like the sidewalk or yard. The tenant (or anyone) can take what they want the for next 24 hours. Some rules and laws need to be followed with certain items like pornography and drugs. IREP knows these rules. The locks are also changed.

After the tenant

After

the tenant and everyone else has 24 hours after the move-out 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 handle the entire process from start to finish. We’re local and we sort through it to better recycle within the local community. The day of the writ is all about getting things out as quickly as possible, only during the removal can we fully sort things to dispose of in a meaningful way.

If you decide to use someone else for removal, make sure they are reliable and won’t charge hidden fees, are transparent, and won’t dump it illegally. In our opinion, it’s a great idea to not just dump everything because all items do not need to be wasted.

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 process go a lot more smoothly. We’ve done several of these jobs and are very knowledgeable about these situations. Constables are known to say how impressed they are with our job. Even when it’s a hoarder. We are grateful and appreciative of any referrals.

One referral we’d

One referral we’dwould love to have 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

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Resources

https://www.austintexas.gov/edims/document.cfm?id=299042

https://guides.sll.texas.gov/landlord-tenant-law/evictions

https://www.angelinacounty.net/files/pdf/wopnt15.pdf

https://www.keranews.org/news/2021-06-11/nonprofit-wants-to-get-the-word-out-about-mortgage-and-rent-help