Legal Question in Real Estate Law in Texas

Possession after Eviction

I had a tenant that began paying half rent. I hired an attorney who represented me in J.P. court and the tenant was ordered evicted. The tenant has appealed to a civil court. No date has been set. The tenant has vacated my property but has not turned in the keys. I was concerned about my swimming pool and had the utilities changed to my name so I could be assured that I would have water and electricity. Even if my tenant had remained in the property the original lease has terminated. I want possession of my property and to change the locks. My attorney said I was meddling when I changed the utilities and has quit the case. Can I take possession of my property since it is now vacant? How long can an appeal remain at the court without a date set until it is thrown out?


Asked on 8/20/01, 9:49 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Possession after Eviction

If the tenant has abandoned the premises it is not necessary that you evict him. If he left property you have to secure it someplace until rights to the property are decided. If you also sued in JP court for rent that issue would still be open on appeal. The issue of possession has been decided by the tenant leaving. L Maun 713.266.2560

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Answered on 8/21/01, 3:07 pm


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