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In most states if a landlord has a dispute with a tenant, the landlord has to go through extensive court proceedings in order to get possession of the property back. In Texas we use a lawsuit called “Forcible Entry and Detainer.” The tenant has either forcibly entered land without the right to do so, or in violation of the lease agreement the tenant is wrongfully detaining land. A forcible entry and detainer is filed in the Justice Court and can be over in as little as 14 days from the date of filing. If the tenant wants to appeal the ruling of the Justice Court, the tenant is usually required to post a cash deposit equal to four or five months rent. Most appeals are finalized in four or five months.
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