A writ is a written court order that commands the person to whom it is directed to perform, or refrain from performing, a specified act.
A writ of possession is a command often directed to a peace officer to remove people or items from property, or to dispossess people of property, and to deliver possession to another person.
Writs of possession may be issued in eviction cases, trespass to try title lawsuits, eminent domain actions, and other legal proceedings.
In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.
I spent some time working as a prosecutor at the Dallas County District Attorney’s Office. It was one of my favorite experiences. Part of the job required prosecuting people accused of public indecency. That included prostitution, promotion of prostitution, and a number of other lascivious activities classified as obscene.
Common sense dictates that leases may be terminated for reasons stated in the lease agreement. Sometimes the law provides additional reasons leases may be terminated. Sometimes landlords and tenants can agree in the lease contract to waive certain legal rights otherwise afforded to each of them by default.
In Texas, a landlord may terminate a lease executed/renewed after June 15, 1981 if the tenant or occupant uses the property for an activity for which the tenant, occupant, or their employee or agent is convicted of a public indecency crime and the convicted person has exhausted/abandoned all avenues of direct appeal from the conviction.
This law applies to both commercial and residential leases. And it can’t be waived by agreement. Go figure.
In our Just for Fun posts, we underscore certain construction and real estate topics just for the fun of it.