Legal Question in Landlord & Tenant Law in Texas
Eviction
Judge gives my tenant 5 days to vacate. Judge's clerk tells me if they don't vacate the Constables will post a 24 hour notice to vacate. They didn't leave. I paid $130 for a writ to have them removed. The Constable shows up and gives them 10 more days. Can a constable override the Judge?
1 Answer from Attorneys
Re: Eviction
Texas Property Code establishes the proper procedure for forcible entry and detainer (eviciton). Generally, under Tex. Prop. Code section 24.0061 the officer executing the writ should instruct the tenant to leave the premises and remove or allow removal of all personal property and shall authorize the officer to engage the services of a bonded warehouseman. If my law firm can assist you with this legal matter or any other legal issue, please contact my legal assistant Jennifer ([email protected]).
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