Ultimate Guide to the Eviction Process in San Antonio Texas
Evicting a tenant can be one of the most difficult challenges for real estate investors, property owners, and landlords. Whether you're dealing with unpaid rent or repeated lease violations, the eviction process in San Antonio Texas, is not only time-consuming but also packed with legal requirements that must be followed precisely. Missing even one step can cause delays or legal complications that could impact your investment.
Through our years of experience at Hendricks Property Management, we’ve seen it all—from smooth tenant transitions to messy legal battles. Let’s dive into the eviction process in San Antonio, Texas, explain why professional management can save you from common pitfalls, and how we avoid most evictions entirely through our tenant screening practices.
Understanding the Eviction Process in San Antonio Texas
In San Antonio, evictions must be conducted through the Justice of the Peace (JP) Court. Here’s a simplified breakdown of the key steps involved when rent is overdue or lease violations occur:
Notice to Vacate – Texas law requires landlords to provide tenants with a written notice to vacate, giving them at least three days to leave the property voluntarily. This step is mandatory, even for repeated lease violations or unpaid rent.
Filing an Eviction Lawsuit – If the tenant fails to vacate, the landlord must file a Forcible Detainer lawsuit in the correct precinct. This legal filing officially begins the eviction process in the court system.
Serving the Tenant – The court then issues a citation, which is delivered to the tenant. The tenant must be given at least six days' notice before the court hearing. Failure to properly serve the tenant can cause delays.
Eviction Hearing – Both parties attend the hearing, where the judge decides whether to grant the eviction based on the evidence presented. If you win the case, you’ll receive a judgment of possession.
Appeal Period – The tenant has five days to appeal the judgment. During this time, they cannot be removed from the property.
Writ of Possession – If no appeal is filed, you can request a Writ of Possession, which allows a constable to remove the tenant and their belongings from the property.
Common Mistakes to Avoid During the Eviction Process
Evictions often go wrong due to small but significant oversights. As professionals who have handled countless evictions, we’ve identified several common mistakes to avoid during the eviction process in San Antonio Texas:
Improper Notice – Failing to issue the correct notice or not giving the required three-day period is one of the most frequent mistakes we see. This can lead to the case being dismissed in court.
Filing in the Wrong Court – Landlords must file in the proper JP Court, which is determined by the property's location. Filing in the wrong court can lead to delays and additional costs.
Inadequate Documentation – Landlords often arrive in court without proper evidence of lease violations or unpaid rent. Without documentation, you risk losing the case.
Retaliatory or Discriminatory Evictions – Evicting a tenant for reporting code violations or exercising their legal rights can result in hefty penalties. Texas law protects tenants from retaliation.
By understanding and avoiding these mistakes, you can keep the eviction process efficient and effective. However, the complexity of Texas eviction law is why it’s best to work with professionals.
How Hendricks Property Management Prevents Evictions
At Hendricks Property Management, our approach is proactive. Our goal is to avoid evictions altogether by thoroughly screening tenants before they sign the lease.
We use an in-depth, holistic tenant screening process that includes background checks, employment verification, rental history reviews, and credit assessments all processed in house by a real person. We don’t use algorithms in our applications process. We ensure that only the most reliable and responsible tenants are placed in your property. This practice dramatically reduces the likelihood of late payments, lease violations, or any of the headaches that lead to evictions.
Even with the best tenant screening, situations do arise. That’s why we offer our Eviction Protection Program is an add-on for clients under our Full Service Management package. This program covers the legal costs and coordination of an eviction should it become necessary, giving you added peace of mind.
Does this sound terrifying? Hire Hendricks Property Management Today
If you're a real estate investor, secondary homeowner, or rental property owner, navigating the eviction process alone can be a costly mistake. Whether it’s ensuring compliance with Texas eviction law or avoiding evictions altogether with our proven tenant screening process, Hendricks Property Management has the expertise you need.
Ready to protect your property and eliminate the stress of managing tenants? Contact us today to learn more about our Full Service Management and Eviction Protection Program. Let us handle the complexities so you can focus on what matters most—growing your investment.
Frequently Asked Questions (FAQ)
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From start to finish approximately four weeks. 3 days from notice to vacate to filing of suit. 8-10 days to serve the citation. The court date is set between 10-21 days. 5 days to appeal the suit following the hearing required by law.
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The only legal way to remove a tenant from a rental unit in Texas is for a landlord to win an eviction lawsuit (forcible entry and detainer suit) in court. Even after winning the lawsuit, it is illegal for a landlord to take self-help measures to remove the tenant.
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According to eviction laws in Texas, you must state the time the tenant has to vacate or rectify the issue at hand. Unless the lease states otherwise, it should be at least 3 days. However, if you have a federally-supported mortgage or participate in any federal programs, the notice goes all the way to 30 days.
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Eviction (1 tenant): $146
Additional Tenants: $100 each
Writ of Possession: $255
Abstract of Judgment: $5
