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LANDLORD/TENANT LAW


Landlord's Bond For Immediate Possession Pursuant To Section 740 Of The Texas Rules Of Civil Procedure

Sample
Landlord's Bond for Immediate Possession of Premises
$12.99

A Bond for Immediate Possession decreases the time period required to evict a tenant. If a bond for immediate possession is not filed, it will take at least 23 days to evict a tenant. A bond for immediate possession decreases the time period from 23 days to ten days if you prevail in Court. You must serve a Notice to Defendant of the Bond for Immediate Possession.

By filing a bond for immediate possession, the eviction process could be shortened provided the defendant does not request a trial or post a counter bond. In a Bond for Immediate Possession, you are putting up a bond for surety or cash. If you lose your suit, you may forfeit all or part of your bond.

If the defendant requests a trial or files a counter bond, the length of time involved in a Bond for Immediate Possession will be approximately the same as in a normal eviction suit.

Without question, Texas landlord/tenant law is more favorable to landlords than the laws of other states. With the filing of a bond for immediate possession, the entire process can occur in 9 days: give the tenant 3 days notice, file a bond for possession (instead of waiting 6 more days for the hearing), and retake the property if the tenant doesn't object within 6 days.

The legal requirements for a Notice to Vacate are set forth in Section 24.005 of the Texas Property Code.

Texas law relating to Landlords' bonds for immediate possession are set forth in Section 740 of the Texas Rules of Civil Procedure, which provides as follows:

RULE 740. COMPLAINANT MAY HAVE POSSESSION

The party aggrieved may, at the time of filing his complaint, or thereafter prior to final judgment in the justice court, execute and file a possession bond to be approved by the justice in such amount as the justice may fix as the probable amount of costs of suit and damages which may result to defendant in the event that the suit has been improperly instituted, and conditioned that the plaintiff will pay defendant all such costs and damages as shall be adjudged against plaintiff.

The defendant shall be notified by the justice court that plaintiff has filed a possession bond. Such notice shall be served in the same manner as service of citation and shall inform the defendant of all of the following rules and procedures:
  1. Defendant may remain in possession if defendant executes and files a counterbond prior to the expiration of six days from the date defendant is served with notice of the filing of plaintiff's bond. Said counterbond shall be approved by the justice and shall be in such amount as the justice may fix as the probable amount of costs of suit and damages which may result to plaintiff in the event possession has been improperly withheld by defendant;

  2. Defendant is entitled to demand and he shall be granted a trial to be held prior to the expiration of six days from the date defendant is served with notice of the filing of plaintiff's possession bond;

  3. If defendant does not file a counterbond and if defendant does not demand that trial be held prior to the expiration of said six-day period, the constable of the precinct or the sheriff of the county where the property is situated, shall place the plaintiff in possession of the property promptly after the expiration of six days from the date defendant is served with notice of the filing of plaintiff's possession bond; and

  4. If, in lieu of a counterbond, defendant demands trial within said six-day period, and if the justice of the peace rules after trial that plaintiff is entitled to possession of the property, the constable or sheriff shall place the plaintiff in possession of the property five days after such determination by the justice of the peace.

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