
WRIT OF POSSESSION
Regaining Property Through the Texas Court Process
Winning your eviction case is a major step, but it does not always mean the tenant leaves immediately. If the tenant refuses to vacate after judgment, the next legal step in the Texas eviction process is obtaining a Writ of Possession in Texas.
Many landlords search:
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What is a Writ of Possession in Texas?
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How long after eviction can I get a Writ of Possession?
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How does a constable remove a tenant in Texas?
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Can I change the locks after winning eviction?
CheapEvictions123.com assists landlords with Writ of Possession Texas filings and court coordination to ensure possession is lawfully restored as quickly as possible.
If you need to evict a tenant in Texas, understanding this final enforcement stage is essential.
What Is a Writ of Possession in Texas?
A Writ of Possession is a court order issued after a landlord wins an eviction case. It authorizes a constable or sheriff to remove the tenant and restore possession of the property to the landlord.
It is the final enforcement mechanism of the Texas eviction process.
Without a Writ of Possession, a landlord cannot legally force a tenant to leave, even after winning in court.
When Can a Landlord Request a Writ of Possession?
After a judgment is entered in favor of the landlord, Texas law provides a waiting period. In most cases:
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The tenant has five calendar days to file an appeal.
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If no appeal is filed, the landlord may request the Writ of Possession after that period expires.
Landlords frequently search “How long after eviction can tenant stay in Texas?” The answer depends on whether an appeal is filed.
If the tenant files a tenant eviction appeal Texas, the process moves to County Court and enforcement may be delayed.
How to Obtain a Writ of Possession in Texas
To obtain a Writ of Possession, landlords must:
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Confirm that the appeal period has expired
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File a written request with the court
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Pay the applicable writ fee
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Coordinate with the constable’s office
This stage requires accuracy. Errors in timing or filing can result in unnecessary delay.
Our Texas eviction services include assistance with filing and coordinating the Writ of Possession so enforcement proceeds without avoidable complications.
What Happens After the Writ Is Issued?
Once issued, the writ is delivered to the constable for execution.
The constable will:
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Post a 24 hour warning notice at the property
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Schedule a physical Eviction date
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Supervise removal of occupants if necessary
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Oversee removal of tenant property
Landlords often ask, “Can I remove tenant belongings myself in Texas?” The answer is no. Only a constable executing a Writ of Possession can lawfully enforce removal.
How Long Does the
Writ of Possession Process Take?
Common searches include:
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How long does it take for constable to remove tenant in Texas?
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How fast can I get a Writ of Possession in Texas?
The timeline varies by county workload. In many cases:
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Writ is issued shortly after request
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Constable posts notice within a few days
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Removal occurs after 24 hour posting period
Court backlog and constable scheduling can impact exact timing.
What If the Tenant Files an Appeal?
If the tenant files an appeal within the allowed period, the Writ of Possession cannot proceed until the appeal is resolved or procedural relief is available.
Appeals often delay enforcement. This is why accuracy during the initial Texas eviction process reduces risk at later stages.
Monitoring appeal deadlines is critical.
What Happens to Tenant Property After a Writ of Possession?
When the constable executes the writ:
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Tenant belongings are typically removed from the residence
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Property may be placed outside or handled according to local procedures
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The landlord regains possession of the premises
Landlords must follow Texas law regarding property handling. Self help eviction methods can expose landlords to liability.
Why Court Coordination Matters
Filing a writ is only part of the process. Proper court coordination includes:
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Confirming appeal status
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Verifying judgment finality
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Ensuring all tenants were properly named
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Confirming correct property address
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Coordinating constable scheduling
Errors at this stage can delay regaining possession even after winning your eviction case.
Common Writ of Possession Mistakes
Landlords attempting to handle this stage alone often encounter problems such as:
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Requesting writ too early
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Failing to monitor appeal period
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Not naming all occupants
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Attempting self help lockouts
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Misunderstanding property removal rules
Searches for “illegal eviction Texas penalty” often stem from landlords acting before obtaining a valid writ.
The Texas Property Code eviction requirements must be followed precisely.
Why Professional Texas Eviction Services Matter at This Stage
The Writ of Possession is the final step toward restoring rental income. Delays mean continued loss of income and potential property damage.
Landlords rely on tenant eviction service Texas providers to:
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Track deadlines
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File timely writ requests
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Coordinate with court clerks
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Communicate with constable offices
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Reduce procedural errors
When you need to file eviction in Texas courts, the process does not end at judgment. Enforcement is equally important.
How the Writ Connects to the Full Texas Eviction Process
The eviction timeline typically follows this structure:
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Serve eviction notices Texas law requires
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File eviction petition
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Attend court hearing
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Obtain judgment
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Wait through appeal period
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Request Writ of Possession Texas courts issue
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Constable enforcement
Each stage builds on the previous one. A mistake early in the case can create enforcement complications later.
Protecting Yourself During Enforcement
Landlords should:
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Avoid confrontation during constable removal
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Ensure utilities remain accessible for enforcement
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Secure property immediately after possession is restored
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Document property condition
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Change locks once lawfully permitted
Proper preparation minimizes conflict and protects against future disputes.
Why Landlords Choose CheapEvictions123.com for Writ Coordination
We assist landlords throughout Texas with:
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Monitoring appeal windows
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Filing Writ of Possession requests
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Court coordination
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Documentation support
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Clear communication about enforcement timelines
Our goal is to help you regain lawful possession efficiently while remaining fully compliant with Texas law.
If you need to remove a tenant who refuses to leave after judgment, the Writ of Possession is the final legal step.
Frequently Asked Questions
1. What is a Writ of Possession in Texas?
It is a court order authorizing a constable to remove a tenant after the landlord wins an eviction case.
2. How soon can I request a Writ of Possession?
Typically after the five day appeal period expires, unless an appeal is filed.
3. Can I change the locks immediately after winning eviction?
No. You must wait for the appeal period to expire and follow legal procedures.
4. How long does it take for a constable to remove a tenant?
Timing varies by county, but removal generally occurs after a 24 hour posting once the writ is executed.
5. What if the tenant files an appeal?
An appeal may delay enforcement until resolved.
6. Do I have to be present during constable removal?
While not always required, landlords often attend to secure the property afterward.
7. What happens to the tenant’s belongings?
Belongings are typically removed under constable supervision according to Texas procedures.
8. Can I remove tenant property myself?
No. Only law enforcement executing a Writ of Possession can conduct a forced removal.
9. What if I request the writ too early?
The court may reject the request if the appeal period has not expired.
10. Is a Writ of Possession required in every eviction case?
No. If the tenant leaves voluntarily after judgment, a writ may not be necessary.
