Harris Co. Pct. 3 Constable's Office changes policy on informing people they could be evicted soon

HARRIS COUNTY, Texas (KTRK) -- The Harris County Precinct 3 Constable's Office is changing its procedures after ABC13 began asking questions about how the office informs people they could be evicted soon.

Eyewitness News wanted to know whether the constable's office could be breaking state law and misleading tenants, and those questions led to a policy change.

A notice to vacate is a letter that goes out when a lease expires or when an eviction is about to happen.

It's not a court judgment, and it doesn't go on your record.

Compare that to an eviction notice, which is enforceable by law.

The Precinct 3 Constable's Office confirmed that deputies have been sending out vacate notices for at least the past nine years as a service provided to landlords.

It's not only delivered by the constable, but it also has the constable's name on both the letter and the envelope.

ABC13 received the letter from a legal aid group whose lawyers were concerned it could look less like a vacate notice and more like an eviction notice, and could intimidate those who receive it.

Eyewitness News then reached out to the county attorney and the constable about three weeks ago.

On Monday, ABC13 finally got confirmation from the constable that, based on the information we provided, the constable's office has stopped delivering vacate notices, leaving landlords to deliver them themselves.

Questions remain about whether the constable's office could face legal challenges because of its previous policy. But when it comes to what it means for you, legal experts say, if you received a notice, you still need to take it seriously.

"It is a valid notice to vacate, and people should treat it as such," Leesa Everitt with Lone Star Legal Aid explained. "Once a notice to vacate expires, the landlord is allowed to file an eviction, and there will be an eviction on your record."

After sending a vacate notice, the landlord can file an eviction suit. After that suit is filed, you'll then be served eviction papers by a constable. After that, there will be a hearing.

If a judge rules in favor of the landlord, you'll still have a chance to appeal, and only after that can a landlord legally file what's called a writ of possession, meaning a constable can come and remove you and your belongings.

ABC13 has also received paperwork showing at least one other constable's office in the area has been using constable letterhead in vacate paperwork.

Eyewitness News has reached out about the legal status of that and to find out if that will continue.