IN THE STATE OF TEXAS

Required Order Before an Apartment Clean-Out for Non-Payment of Rent

A. WHAT PROPERTY MANAGEMENT MUST DO

1. Issue Proper Notice to Vacate

2. File for Eviction (Forcible Detainer)

3. Eviction Hearing & Judgment

4. Request a Writ of Possession

5. Schedule Execution of Written Notice To Vacate

B. LAW ENFORCEMENT PRESENCE

ONLY LAW ENFORCEMENT CAN REMOVE A TENANT

1. County Constable or Sheriff (REQUIRED)

Dallas County Constable or County Sheriff

 Your company / weHAUL MUST wait for this officer

2. Officer Executes the Written Notice to vacate

Officer:

Orders occupants to leave immediately

Authorizes removal of belongings

Determines where property is placed (curb, dumpster, storage if ordered)

Only after officer gives approval may weHAUL begin clean-out

3. weHAUL Enters The Assigned Unit (Clean-Out Begins)

We enter ONLY AFTER:

Officer has possession of the unit

Officer states unit is released

Our role:

Remove remaining contents as directed

Clean unit (BUT NOT A MAKE READY)

C. IMPORTANT TEXAS RULES CLEAN-OUT weHAUL MUST FOLLOW

❌ No self-help evictions

❌ No entry without Written Notice of Possession (given to us by Property Management)

❌ No removal of tenant property before officer authorization

❌ No changing of locks (we do NOT change locks)

❌ No disposal outside officer-approved process

Violations can result in:

Property Management Civil liability

Property Management Criminal charges

D. SUMMARY

Property Management

Notice to Vacate issued

Eviction filed (JP Court)

Judgment for Possession granted

5-day appeal period expires

Writ of Possession requested

Constable/Sheriff scheduled

Law Enforcement

Constable/Sheriff executes written action(s)

Removes occupants

Authorizes property removal

Releases unit

We Begin Clean-Out

Enters after release

Removes contents as directed

Cleans unit (as far as loose paper/ clothing)

Documents condition (of property removed)

E. RECOMMENDED CONTRACT LANGUAGE (SHORT)

“Contractor shall only perform clean-out services upon written confirmation that a lawful Writ of Possession has been executed by a Texas peace officer and the unit has been formally released.”

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