CIVIL AND WRITS

If a landlord alleges a tenant is behind on rent or has a lease violation, the landlord is required by law to give the tenant a three day written notice to vacate the premises. For all other violations of the lease, a 30 day notice is required, unless stipulated in the language of the lease agreement.

How to deliver the notice:

1. In person: Personally delivered to the tenant or any person residing at the premises who is 16 years of age or older.
2. Personally delivered to the premises: By attaching the notice to the inside of the main entry door.
3. By mail: By regular mail, registered mail, or certified mail, return receipt requested, to the premises in question.
4. If the above options will not work: Securely affix the notice to the outside of the main entry door in an envelope with the tenant's name, address, and the words "IMPORTANT DOCUMENT" or similar language. By 5:00 PM of the same day, deposit in the mail a copy of the notice to the tenant.

Texas Property Code 24.005 requires the landlord to deliver the written notice and then wait three days before filing the suit in Justice Court. This is a legal requirement which must be met and cannot be overlooked.

If a landlord is requesting attorney's fees, the landlord must give a 10 day Notice to Vacate.

You must file an original petition with the Justice Court in the precinct where the property is located and pay the appropriate fees.

These court costs pay for filing your suit, your court hearing, and for the Constable to serve the citation. The citation is the notice to the tenant that you are attempting to evict them.

You must go to Court and prove your case by the preponderance of the evidence. Simply filing a suit does not mean you will win your suit.

You should bring all documents and other evidence with you to court in a well-organized fashion. At the hearing, you will have to present evidence to show that you are entitled to possession of the premises.

A Writ of Possession is a court order to the Constable to place a property owner in possession of their property. To file a Writ of Possession, the following criteria must be met:

• Win your suit in Court.
• The five day appeal period must have passed.
• The other party is still occupying the premises.
• The writ must be filed in the court in which the original suit was filed.

In Civil law, a party files suit to claim redress, or a remedy, in the form of money and/or property.

Civil law encompasses non-criminal matters.

There are various sources available:

• The Daily Court Review
• Posted at the Bayou City Event Center on the day of sale
• 17423 Katy Freeway, Lobby
• Both Precinct 5 Justice of the Peace Courts

For the taxing jurisdictions they represent, the following law firms also post properties being sold for delinquent taxes on their websites:

• Linebarger Groggan Blair & Sampson, LLP
• Perdue Brandon Fielder Collins & Mott, LLP

You must register to bid with the Harris County Tax Office before you can bid at the Tax Auction.

You can register online at any time or in person on the day of the auction beginning at 8:30 AM.

Your bidder registration is valid for one year from the date of issuance and may be renewed upon certification by the applicant that no delinquent property taxes are owed to the County or its taxing entities.

You must pay for the property at the time of the sale. Only cash or certified funds, such as a cashier's check, are accepted.

Certified checks should be made payable to the selling Constable precinct.

No. You must pay for the property at the time of the sale.

The County may pursue legal actions for non-payment or rescind the winning bid.

A receipt will be issued on the day of sale.

The successful bidder on a property will be issued a Constable's Deed within 4 to 6 weeks after the auction.

The name indicated below the Registrant's Name on your bidder card will be the name appearing on the Constable's Deed.

All sales are final and not subject to rescission due to mistake or dissatisfaction with the property.

The County may pursue damages against a bidder who rescinds on a purchase.

Most properties sold at Tax Sale are subject to the defendant's right of redemption.

If the defendant in the tax suit wants to redeem their property, they must contact the purchaser.

If the defendant is unable to locate the purchaser or agree with them on the redemption amount, they may tender a Redemption Affidavit along with the redemption amount to the Tax Assessor-Collector.

If the redemption tender is accepted, a Receipt for Redemption is issued to the defendant to file with the County Clerk. See Tax Code Chapter 34, Subsection B.