The COVID pandemic brought about many societal changes that still impact businesses. This included a ban on evictions in the middle of the health crisis.
Eviction laws are complex and vary with location. Landlords must understand how they apply to their unique circumstances.
If you are wondering, "How long does it take to evict someone?" keep reading. The information below tells you everything you need to know about post-COVID evictions in El Paso. It will help you take the appropriate steps to complete the process so that you can quickly rent the property again.
Eviction Moratorium
During COVID, the Centers for Disease Control and Prevention (CDC) issued two different national moratoriums on evictions. This required that the reason for removal was based on failure to pay rent.
The most recent ban was in the summer of 2021. In August of that year, the U.S. Supreme Court struck down that moratorium. The ruling did permit individual states to decide whether they wanted to implement their own.
Various jurisdictions in Texas, including El Paso County, implemented different versions of the moratorium. These most often involved a stay on hearing evictions by courts.
As of July 1, 2023, these county and local diversion policies have ended. Note that no moratorium, federal or otherwise, required rent forgiveness. Also, landlords are allowed to include late fees and interest associated with nonpayment.
How Long Does It Take to Evict Someone in El Paso?
There are several steps of the eviction process to consider when answering "How long does it take to evict someone in El Paso?
The first is filing and delivering a notice to vacate in the appropriate jurisdiction. Each jurisdiction, including El Paso County, has its own specific format for filings and rules about proceedings that you must follow.
Next, you must serve the tenant with a "notice of eviction." Texas law is very specific about what must be included in this.
From here, the eviction timeline depends on the reason for removal. There are five main ones in Texas.
The first, and most common, is failure to pay rent. This requires a three-day window after notice has been given to the tenant.
Under Texas law, if the individual pays rent during those three days, then the proceeding ends. Otherwise, landlords can continue pursuing eviction after that duration.
The next two reasons for eviction are lease violations and illegal activity on the property. These also entail a three-day notice to vacate.
The final two reasons for eviction are if the property has been foreclosed on or if the lease is not renewed (by either party) after the rental period ends. In both cases, the tenant is given 30 days to vacate.
If these three- and 30-day window requirements have passed and the tenant has not vacated, then the landlord can file an eviction lawsuit. In most cases, the court will assign a day within one to three days of the filing. How far out this date depends on that court's calendar.
If the court decides in the landlord's favor, the tenant can appeal the court's decision. This will require a second hearing and trial.
Learn More About the Eviction Process
Now that you have an idea of "How long does it take to evict someone?" you can plan accordingly. One easy way to avoid the hassle and time to carry out eviction is to let a property management company handle it for you.
For more than 30 years, Rental Network Property Management has set the standards for property management services in El Paso. We off everything from tenant screenings and rent collection to maintenance, repairs, and eviction protection. Reach out to us today to learn more.