After ABC13 questioned whether the practice could mislead people into believing they were facing eviction, Harris County Precinct 3 Constable’s Office has ceased delivering notice-to-vacate letters to tenants. The office confirmed on Monday that it had terminated the service, which had been in operation for at least nine years.
The change came in response to questions from Eyewitness News, which wanted to know whether the constable’s office could be breaking state law and misleading tenants. Deputies have been sending out vacate notices on behalf of landlords, with the constable’s name on both the letter and the envelope.
What a Notice to Vacate Actually Is
A notice to vacate is a letter sent when a lease comes to an end or an eviction is about to take place. It is not a court judgment, and it does not appear on your record. An eviction notice, however, carries legal force and can be enforced.
What separates these two notices is that a vacate notice serves only to inform. It alerts a tenant that they need to move out, without holding any legal authority behind it. An eviction notice, however, can be enforced against a tenant.
The Letter That Raised Concerns
A legal aid group whose lawyers were worried the letter could read less like a vacate notice and more like an eviction notice sent it to ABC13. Their concern was that tenants who receive it might be intimidated.
It wasn’t the legality of the letter that caused worry. The fear was that the format — letterhead, envelope, the constable’s name — could lead tenants to believe they were being evicted when they weren’t. The concern was over confusion, not fraud.
How the Policy Change Happened
Three weeks ago, Eyewitness News contacted the county attorney and the constable. The constable confirmed on Monday that his office has stopped delivering vacate notices, which now leaves landlords to deliver them themselves.
The constable confirmed the news personally, according to ABC13’s report. The office has ended the service, and the policy no longer matches what it once was.
What Tenants Should Know Now
Even if you get a notice, it remains serious business. Leesa Everitt, who works for Lone Star Legal Aid, made clear that a notice to vacate carries legal weight and should be treated accordingly.
“It is a valid notice to vacate, and people should treat it as such,” Everitt said. “Once a notice to vacate expires, the landlord is allowed to file an eviction, and there will be an eviction on your record.”
The sequence of events matters:
- A landlord sends a notice to vacate.
- The notice expires.
- The landlord files an eviction suit.
- You are served eviction papers by a constable.
- There is a hearing.
- If the judge rules in favor of the landlord, you can appeal.
- Only after the appeal can a landlord file a writ of possession, allowing a constable to remove you and your belongings.
Other Offices Are Using Letterhead
Eyewitness News has obtained documentation indicating that another constable’s office in the region has been issuing vacate notices on its own official stationery. ABC13 has asked whether that practice is legal and whether it will keep going.
The issue at hand concerns whether other departments will adopt constable letterhead for vacate notices.
The Open Question
There is still uncertainty over whether the constable’s office might face legal challenges due to its earlier policy. The source offers no judgment on whether the practice was legal or illegal, but the format raised worries about how tenants would read the letters.
The outcome for the office regarding legal action is contingent upon the specifics of the case.
What the Change Means for Renters
Landlords are now required to issue their own vacate notices directly. Rather than receiving a notice bearing the constable’s name, tenants will get one from the landlord instead.
It takes away the chance that a renter sees a notice to leave and thinks it is a notice of forced removal.
The Broader Picture
The story shows how a news station asking questions can produce a policy change. ABC13 asked whether the office could be misleading tenants, and the office responded by ending the practice.
The win is slight for those who rent. The notice remains a notice, and its meaning has not changed. What has changed is where the letter originates: now it comes from the landlord instead of the constable.
The Final Word
The constable’s office changed its policy because someone asked. That is a good thing for anyone who might have been confused by a letter that carried the constable’s name.
Nobody has said yet whether the office will face legal trouble because of what it did before. The piece does not settle that point either. What the report makes clear instead is that a news station’s questions were enough to bring about a policy change.
No longer does the constable’s office send out vacate notices; landlords now do so themselves. For tenants who receive one, the message bears real weight, yet it pays to know precisely what the document represents.
Comparison of Notice Types
| Type of Notice | Legal Status | Effect |
|---|---|---|
| Notice to Vacate | Not a court judgment | Purely informational |
| Eviction Notice | Enforceable by law | Can lead to removal |
The table sets out the main distinction between the two types of notice: one serves as a warning, while the other operates as an order.
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