Eviction Process Layout

At Award Property Management, we understand that life can bring unexpected challenges, such as job loss, medical issues, or personal changes, which may occasionally result in missed rent payments. While we empathize with these situations, it’s important to note that rent remains due as outlined in the lease agreement. To address such instances, our team has established a clear process to recover unpaid rent or proceed with the eviction process if necessary.

For clients enrolled in our Owner Protection Package, any charges related to evictions are covered, providing peace of mind in these circumstances. Below is an outline of the eviction process should it become necessary at any point during the lease term:

Rent Due on the 1st of Each Month	On Time Payments Received
Rent is Considered Late of 4th of Each Month	Texas law mandates a 3 day grace period until rent can be considered late.
Breach of Lease Agreement	When it is made known that the rent has not been received, our team will send out a breach of lease agreement to the tenants to inform them of non- compliance. Corrective actions are laid out with a timeframe to take those actions in. If we do not receive payment by the time allotted, then the 3 Day Notice will be sent out to the tenants.
3 Day Notice	The 3 Day Notice is sent out in order to demand one of the following: Remit payment that is due. Vacate the property.
Vacancy check	If by the time the 3 Day Notice has expired and rent has not been received then our team will perform a vacancy check to determine whether or not occupancy is still present. If it can be deemed that the home is not vacant, we will then file for a Court hearing to gain possession and get back due rent that is owed.
Court Date Hearing	Once the filing for the Court date has been made, the court proceedings will begin on the scheduled date set by the Court. On that day we will present a copy of the lease agreement in effect and a copy of the tenants’ ledger showing outstanding balance due for non-payment of rent.
Appearances in Court	If the tenants do not show for the Court hearing a ruling of “Default” will be recorded with the Court in favor of the Plaintiff (Owner of the property). If the tenants do show for the Court hearing, both parties have the opportunity to state their facts to the judge for consideration. Once both parties have made their case, the judge will then make a ruling based onto facts presented to the Court. After he judge makes his ruling on the case, he will render a verdict. If possession is granted to the Plaintiff then the ruling will provide a specific date for vacancy.
Writ of Possession	If by the time the date that was handed down by the Court to vacate the property has passed and the tenants are still residing in the home, the next step is to file for a Writ of Possession. This will be filed in order to have the tenants and their personal items removed from the home. All belongings left in the property will be moved to the curb for a maximum of 24 Hours (per the law); once that timeframe has lapsed all remaining items will be hauled off.
Rekeying the Property	Once the home is vacated, it will be rekeyed to ensure only our team has control of the property and the previous tenants cannot regain access.
Move-Out Condition report / Make Ready	Please see Non-renewal/Marketing of Your Home document for further information on this process.