Evicting a family member can be a tough situation, but it?s important to know your rights and options. If you’re dealing with this issue in Garland, this article will guide you through the process. We’ll share the best way to evict a family member in Garland, and we’ll provide tips on removing them politely, the laws involved, and legal tips.
First, it’s crucial to understand the legal side of things. Evicting a family member in Garland is a legal process that requires following specific steps. We’ll break down the legal requirements and provide you with the necessary steps to ensure a smooth and lawful eviction.
We’ll also share tips on how to approach the situation with empathy and respect. Evicting a family member can be emotionally challenging, so we’ll provide guidance on communicating your decision and minimizing conflict.
How To Evict a Family Member In Garland
Evicting a family member can be a difficult and emotional process, but it is sometimes necessary to protect your rights and property. If you are considering evicting a family member, it is important to understand the legal process and your rights as a landlord.
1. Give Notice
The first step in evicting a family member is to give them written notice to vacate the property. The notice must state the reason for the eviction and the date by which the family member must leave. The notice must be served in person or by certified mail, return receipt requested.
2. File a Complaint
If the family member does not vacate the property by the date specified in the notice, you can file a complaint with the court. The complaint must state the facts of the case and the relief you are seeking, such as an order of eviction.
3. Attend a Hearing
Once you have filed a complaint, the court will schedule a hearing. At the hearing, you will have the opportunity to present your case and the family member will have the opportunity to present their defense. The judge will then make a decision based on the evidence presented.
4. Obtain a Writ of Possession
If the judge rules in your favor, they will issue a writ of possession. This document gives the sheriff the authority to remove the family member from the property.
5. Enforce the Writ of Possession
The sheriff will then serve the writ of possession on the family member and remove them from the property. The family member will be given a reasonable amount of time to remove their belongings before they are evicted.
6. Seek Legal Advice
Evicting a family member can be a complex and challenging process. It is important to seek legal advice from an experienced attorney to ensure that your rights are protected.
Additional Resources for Garland, Texas eviction help:
Eviction notice Garland
In Garland, when a tenant violates the terms of their lease, the landlord typically issues an eviction notice or a notice to quit. This document notifies the tenant of the breach and allows them a certain number of days to address the issue or move out.
It’s a crucial step in the eviction process and provides tenants with a final opportunity to resolve the issue before further legal action is taken.
You can download Eviction notice Garland here.
How Much Does it Cost to Evict a Family Member in Garland?
Evicting a family member can be a difficult and expensive process. The cost of eviction will vary depending on the specific circumstances of the case, but there are some general costs that you can expect to incur.
| Cost Item | Approximate Cost Range | Notes |
|---|---|---|
| Filing Fees for Eviction Notice | $45 – $125 | This fee is for the Justice of the Peace court in the appropriate precinct. |
| Process Server Fees | $50 – $150 | Cost for serving the eviction notice to the family member. Varies by service used. |
| Attorney Fees | $400 – Several Thousand Dollars | Depending on the complexity of the case and the attorney’s rates. |
| Court Appearance Fees | Varies | Can include additional fees if the eviction is contested and goes to trial. |
| Locksmith Services | $75 – $200 | If changing the locks is necessary once the eviction is completed. |
| Storage and Moving Fees | Varies | If personal belongings must be removed/stored. |
| Lost Rent | Varies | Any rent that is lost during the period of eviction can also be considered a cost. |
- Filing fees: The first step in the eviction process is to file a complaint with the court. The filing fee for an eviction complaint in Garland is $125.
- Service of process: Once the complaint has been filed, it must be served on the tenant. The cost of service of process will vary depending on the method of service.
- Attorney fees: If you hire an attorney to represent you in the eviction process, you will be responsible for their fees. Attorney fees can vary widely, so it is important to get an estimate from an attorney before hiring them.
- Court costs: If the eviction case goes to trial, you will be responsible for court costs. Court costs can include the cost of the bailiff, the court reporter, and other expenses.
FAQs: Evicting a Family Member in Garland
Here are some of the most frequently asked questions about evicting a family member in Garland:
What are the grounds for evicting a family member in Garland?
In Garland, you can evict a family member for violating the lease agreement, causing damage to the property, engaging in criminal activity, or posing a threat to the health or safety of other tenants.
What is the process for evicting a family member in Garland?
The eviction process in Garland typically involves serving the family member with a notice to vacate, filing a complaint with the court, and attending a hearing. It’s important to follow the legal procedures carefully to ensure a successful eviction.
Can I evict a family member who is not on the lease?
Yes, you can evict a family member who is not on the lease if they have been living in the property for a significant amount of time and have established tenancy rights. However, the eviction process may be more complex in such cases.
What are the legal consequences of evicting a family member?
Evicting a family member can have serious legal consequences, including damage to your relationship and potential liability for their relocation expenses. It’s important to weigh the potential consequences carefully before proceeding with an eviction.
What are valid reasons for eviction in Garland, Texas?
In Texas, landlords can evict tenants for reasons like non-payment of rent, lease violation, damage to property, illegal activity, or failure to vacate after the lease ends.
How long does eviction stay on your record in Texas?
In Texas, an eviction record can stay on your record for up to 7 years.
Can I get evicted in Texas without going to court?
No, in Texas, a landlord must file a lawsuit and obtain a court order before evicting a tenant.
Can I get help with evicting a family member in Garland?
Yes, there are resources available to help you with evicting a family member in Garland. You can contact the Garland Municipal Court for guidance or seek legal assistance from an attorney who specializes in landlord-tenant law.
Related:
How to Evict a Family Member in South Dakota