BCCO PCT #4 PowerPoint

1. CIVIL PROCESS CITATIONS PART II Captain Neal Burford Bexar County Constable Office PCT#4 TRAINING COORDINATOR BCCO PCT #4 PowerPoint

2. MOBILE HOMES When you receive the Writ of possession on a mobile home you must: 1. Find out if you are evicting the home from the property 2. Are you evicting the people from the mobile home • If you are removing the mobile home from the lot the landlord has the responsibility to organize the removal. • If it is a rented mobile home remove the tenants just like an apartment eviction.

3. If you are removing the mobile home from the lot the landlord has the responsibility to organize the removal. • If it is a rented mobile home remove the tenants just like an apartment eviction. Mobile Home Towing

4. Updates • TCP Chapter 94 ref: www.housing-rights.org/manufactured_housing.html • Landlords may evict for violations of lease, community rule, or past due lot rent. • Landlord must give 10 days written notice to pay delinquent amount before serving 3 day notice.

5. ADVISE PLANTIFF OF RESPONSIBILITIES • Engage a bonded and insured mobile home mover • Call appropriate utilities companies to make sure all utilities are off and disconnected. • Call air-conditioning service to detach air conditioner and capture Freon according to EPA guidelines.

6. Notify the lien holder that a writ of possession has been applied for. Lien holder info, 1-800-252-8026 MOVING

7. MOVERS RESPONSIBILITIES • Put axles and trailer tongue back onto mobile home • Tear down and remove all attached buildings and garages • Place all air conditioning and septic tank parts inside of trailer • Have a completely clean (empty) lot when they are finished

8. MOBILE HOME QUESTIONS ASKED What is a mobile home community? • A parcel of land on which four (4) or more lots are offered for lease for installing and occupying manufactured homes.

9. Is a recreational vehicle treated like a mobile home? • Yes, recreational vehicle motor home primarily designed as a temporary living quarters for recreational camping or travel use.

10. When a manufactured home community gives a notice that the lease will not be renewed- how much notice must be given? Whether at the end of the lease agreement or on a month- to- month agreement, at least 60 days notice must be given.

11. After a mobile home has been removed who is responsible to notify the tenant where the home is being stored? If after executing a writ of possession for the manufactured home lot, the landlord removes the manufactured home from the lot

12. The landlord, not later than the 10th day after the date the home is removed, shall send a written notice regarding the location to the tenant’s most recent mailing address or if the landlord is given written notice of the owner’s name and address.

13. Deputy CONSTABLE RESPONSIBILITIES • Be safe. You are removing someone’s property from their perceived home, so emotions may be high-potential anger • Allow the tenant, if they are still there, to remove some personal property such as toiletries etc. This cannot interfere with the movers.

14. Enter the mobile home and have movers place anything such as lamps, dished, glasses etc. on the floor or in boxes so as to try not to break anything in the move. LAMPS GLASS DISHES FRAGIL

15. Days of the Week WRITS OF POSSESSION MAY BE DONE ON ANY DAY OF THE WEEK BUT THEY ARE NOT GENERALLY DONE ON SUNDAYS SABBATH DAY – HOLY DAY

16. Some counties charge an additional fee after 2 hours of officer’s time Bankruptcy notification – STOPS ALL ACTION

17. INTERRUPTION OF UTILITIES FYI: • A landlord may not interrupt utilities paid by the tenant • Except for a bona fide emergency, repairs or construction IMPORTANT TO REMEMBER

18. Utilities paid by landlord • Water services are the only one that can be interrupted. • Tenantmust be at least 7 days late on rent

19. 5 days before service interruption the landlord must mail or hand deliver a written notice of the date of interruption, amount due, and where it can be paid.

20. The interruption must be during regular business hours only and may not begin on a day before an individual is not available to restore services. Services must be restored no later than two hours after back rent has been paid.

21. The tenant may recover actual damages, one month rent or $500.00 which ever is greater, attorney’s fees and court cost.

22. REMOVAL OF PROPERTYTPC-92.0081 The landlord may not remove doors, windows, attic hatchways, locks, latches, hinges or pins, doorknobs, furniture, fixtures, or appliancesfurnished by the landlord except for a bona fide repair or replacement and it must be promptly performed.

23. 81st Legislative Session HB 882 – Writ of Restoration: prohibits landlords from terminating utility service Judge may issue Restoration, it must inform the landlord of their right to request hearing. A Writ of Possession supersedes a writ of restoration(Effective date January 1, 2010)

24. LANDLORD’S LIEN • The landlord may enter the property if provided in the lease agreement and take TVs, stereos, and VCRs. • And hold them for payment of the rent and eventually sell them at a public sell to be held after 30 daysin an attempt to get their rent money

25. Unlawful LockoutTPC-92.0081 A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process except for a bona fide repair, construction or emergency

26. Lawful Lockouts The landlord must mail written notice 5 days or hand deliver written notice 3 days before the lockout. Notice must contain earliest date of change of lock and amount due and where it can be paid.

27. Landlord must place a written notice on the front door of the unit. The notice must contain the following: An on-site location where the new key may be obtained 24hrs a day, seven days a week(24 / 7), or a phone number that will be answered 24hrs a day that can be called to have a key delivered within two (2) hours

28. THE NEW KEY MUST BE GIVEN EVEN IF THE RENT HAS NOT BEEN PAID. RESIDENTAL ONLY

29. PENALTY The tenant may recover possession of the premises or terminate the lease, plus one months rent and $500.00, reasonable attorneys fees, actual expenses less any delinquent rent.

30. COMMERCIAL PROPERTY • Requires written notice • Requires sign on door • But key has to be made available during normal business hours and after all the rent has been paid

31. But key has to be made available during normal business hours and after all the rent has been paid 8:00 AM TO 5:00 PM

32. WRIT OF RE-ENTRY Tenants rights after unlawful lockout: (a) The tenant must file for a Writ of Re-entry in the justice court in the precinct where the rental unit is located. (b) Must file a sworn complaint and state orally under oath to the justice the facts of the alleged unlawful lockout.

33. After an Ex prate hearing, the court may grant a writ of re-entry The writ must be served on the landlord, manager, or rent collector in the same manner a writ of possession. TPC-92.009(d) – The constable may use reasonable force in executing a re-entry in this section

34. The landlord may request a hearing, it must be held no later than the 7th day after the request is made JUSTICE Of the PEACE

35. If by the 8th day from the date of service the landlord has not requested a hearing, the Justice may render judgment for the court cost by paid by the landlord A writ of possession supersedes A writ of re-entry

36. DO YOU ARREST? If the landlord fail to IMMEDIATELYcomply with the writ of re-entry the landlord maybe subject to CONTEMPT OF COURT.

37. DISTRESS WARRANTS TIME IS RUNNING OUT

38. DISTRESS WARRANTS • FOR NONRESIDENTAL PROPERTY ONLY • Issued by Justice Court • The dollar amount of the back rent will determine the court that will hear the case.

39. TPC-54.006 requirements: (1) Owes any rentor an advance (2) Is about to abandon the premises,(3) is about to remove the property from the premises. • Hearing on these facts may be ex prate.

40. JUDGES ORDER MUST SPECIFY • Maximum amount that may be seized • Amount of plaintiffs bond • Commands the officer to SEIZE and keep safe subject to further orders of the court having jurisdiction • Judge also sets the amount of the defendants re-plevy bond

41. TRCP-613 & 21a SERVICE & RETURN • Service may be to the defendant, his manager, attorney, by mail, fax, or any other means the court might direct.

42. The RETURN should include Who, What, When, Where. You should have a detailed list of seized property and where it is in storage, include a information you have. Bexar County Constables Office PCT#4 WHO Property Inventory List WHAT WHEN WHERE

43. The seized property will be under your control, until it is re-plevied or you receive an order of sale or release. • Sale of perishable property maybe ordered immediately

44. Officers Return of the sale should contain; (1) Time and place of the sale (2) Name of Purchaser (3) Amount received (4) Itemized account of expenses THE OFFICERS SIGNATURE John D. Constable, Badge #1453

45. W R I T S

46. WRIT DEFINITIONS BLACK LAW DICTIONARY defines a writ as: • An order issued from a court requiring the performance of a specified act, or giving authority to have it done

47. It is a precept in writing, issuing from a court of justice addressed to a sheriff or other officer of the law or directly to the person who the court desires to command, either as the commencement of a suit or other proceeding or as incidental to its progress and requiring the performance of a specified act, or giving authority and commission to have it done

48. CONSTABLES & SHERIFFS ONLY TRCP 103: only a Sheriff or Constable may serve a citation in an action of forcible entry and detainer, a writ that requires the actual taking of possession of a person, property or thing, or process requiring that an enforcement action be physically enforced by the person delivering the process

49. Questions?

50. Types of Writs • Writ of Habeas Corpus • Writ of Certiorari • Writ of Scire Facias • T.R.O.s / Injunctions • Turnover Orders • Garnishments • Sequestrations • Executions • Order of Sales