How We Remotely Evicted a Tenant for Not Paying Rent in San Antonio

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Filing an eviction is never an easy decision, but sometimes it's necessary to protect your investment. At Alamo Leases, we’ve had our fair share of evictions, and while we encourage landlords to work things out with tenants first, there are times when legal action is the only option.

In the example below, Alamo Leases was able to perform the entire eviction process remotely, since all our properties are in Precinct 4. We can show you how we handled notices and legal forms without setting foot on the property or in court.

Important

Subscribe to Alamo Leases Premium for the step-by-step example of how we remotely handled the process ourselves and how to prevent these situations in the first place—saving us nearly $1,000 in attorney fees. Disclaimer: This is not legal advice. Evictions can be complex, and the specifics can vary depending on the situation. We can always refer you to attorneys for legal matters that you would rather outsource.

When the Rent Never Arrived

Rent was due on the 1st, and by the 2nd, I had not seen payment. Knowing that people can run into financial difficulties, I reached out to the tenant to refer them to financial assistance and remediation programs in the San Antonio area.

First Steps: Notice to Vacate and Tenant Rights

When the rent was still unpaid by the 3rd, and we hadn’t heard anything from the tenant, we knew it was within our right to start the eviction process. The first step is to deliver a Notice to Vacate, along with a Notice of Tenants’ Rights attached.

This notice must be delivered correctly to ensure it’s legally valid. You can send it by certified, registered, or regular mail, deliver it in person, or post it on the inside of the front door. Only in certain circumstances—such as if there’s no mailbox, there’s a dangerous animal inside, or there’s an alarm system that the landlord cannot control—can you post it on the outside of the front door.

Late Fees and Filing the Eviction Petition

Two days after the rent was due, we began to charge late fees as indicated in the lease agreement. On the 3rd day after delivering the Notice to Vacate, we were able to file the Eviction Petition with the courts. We had to call one of the Justice of the Peace Courts to ask what precinct the property was in, fill out the eviction petition, and notarize it. The eviction petition must be delivered in person or by mail to your precinct, along with a fee of $171 by cash (in person only), cashier’s check, or money order.

After getting the case number, we requested a remote hearing since the property was in Precinct 4. An officer will attempt to hand-deliver the eviction notice to the tenant or another resident over 16 years old. If unsuccessful after two tries, they will post the notice outside the residence. At that point, the tenant can pay, leave, or fight the eviction.

The Waiting Game: Hearing and Writ of Possession

In Bexar County, an eviction hearing is supposed to be scheduled within 10 business days of filing the eviction petition. However, depending on the backlog, this can take longer. During the hearing, landlords can present any new evidence, such as additional missed rent payments.

Since the court ruled in our favor, the tenant had five days to appeal or vacate the property. we also weren't required to accept late rent at this point. To guarantee control of the property, we then filed a Writ of Possession, which costs $287 also payable by cash (in person only), cashier’s check, or money order.

An officer then called to schedule a date to remove the Tenant using the phone number we provided. This instructed the court to physically remove the tenant assuming they don’t leave voluntarily. The tenant receives 24 hours' notice before being removed by the authorities.

Dealing with Appeals

If the tenant had decided to appeal, they would have needed to pay one month’s rent into the court’s system within five days. They also could have resided there during the entire appeal process as long as they continued making rent payments through the court. Appeals can drastically increase the eviction process timeline and delay rent payments to the landlord.

Alamo Leases can refer you to attorneys if things get complicated. We can also connect you with professionals who can deliver notices and notarize forms during the process This will help guarantee you do everything remotely and legally.

Conclusion: Help is Here When You Need It

Subscribe to Alamo Leases Premium for the step-by-step example of how we remotely handled the process ourselves and how to prevent these situations in the first place—saving us nearly $1,000 in attorney fees. It is our personal opinion that anyone can learn how to evict a tenant for nonpayment of rent.