petition for eviction texas

BEXAR COUNTY, TEXAS Rental Subsidy (if any) $ Tenant's Portion $ TOTAL MONTHLY RENT $ PETITION: EVICTION CASE COMPLAINT: Plaintiff hereby sues the following Defendant(s) for eviction of Plaintiff's premises (including . It's important to review your lease for details on when and how each party should provide notice. HUYo@~oH9HERA* 3H]gv)F{NolZ^/OQ$H*TY}oZ}X2*e(F*n!:yB.;s*I/| The notice period depends upon the terms of your lease and when it expires. In the state of Texas, if tenants hold over, or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This article from TexasLawHelp.org explains the rights and duties of subtenants and subleases. COMPLAINT: . Explain to the judge what you are asking for and why you should get it. The statement making up the first area will need two pieces of information which may only be supplied upon Delivery. Enter the Cause No., Plaintiff, Defendant, County, and Precinct No. If the Name appears on the Lease, make sure to transcribe it successfully on this line. Please take our patron satisfaction survey! If the tenant fails to appear at the hearing, a default judgment in favor of the landlord may be issued. Be prepared for both. Microsoft Word - Petition_Eviction_Case_JP2.docx Created Date: 5/22/2019 5:34:24 PM . Eviction and Reasonable Accommodations in Texas, Digital strategy, design, and development by. Evictions usually involve a tenant not paying rent on time or breaking a rule included in the lease. It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. Additionally, there are other notice forms for other possible grounds for eviction in Texas. It contains links to information about the eviction process and a form for a guest agreement. The first piece of information that must be supplied is the City where the Property is located. Yes. Section 24.0053 of the Texas Property Code. According to Texas law, rent is late if not paid 2 days This section of the Texas Property Code discusses landlord retaliation. Below is a list of federal programs that trigger CARES Act tenant protections. A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. Some written leases require the tenant give a 30-day or 60-day notice of non-renewalto end the lease. The Delivery of this document should be verified with a statement by the Agent serving the Recipient(s). This page from TexasLawHelp.org explains how to safely and legally remove an unwanted guest from a home. Petition - Use this form to begin your eviction case ( this form is for use when the Emergency Orders have expired! All rights reserved. There are three variants; a typed, drawn or uploaded signature. Original Petition Eviction - (OCA) February 24, 2023. This may be because their lease expired or because they broke the lease and have forfeited the right to remain. e. FHA Eviction Prohibition - Check this box if you are being evicted from a property with a single-family mortgage insured by the Fair Housing Administration. Petition for Eviction from Residential Premises Case No. A Landlord issuing this document should make sure that he or she is conveying the demand for the Tenant to Comply with the Terms and Expectations stated in this form. p!aD("dt18}"\5lk#Z>>I8=Mm/|yAn_@ 2J?V3ViNY,# [ Not informing the landlord of any defects or maintenance issues. On the Answer document, check the box next to the method you will use to send the Answer to the other side. (2) recover from the landlord a civil penalty of one months rent plus $1,000, actual damages, court costs, and reasonable attorneys fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord(i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one months rent. may be important to your case. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. The Writ of Possession is the tenants final notice to leave and allows them the opportunity to remove their belongings before the sheriff returns to the property. set the amount of the bond; (2) the Court approve the bond; and (3) proper notices, as required by the Texas Rules of Civil Procedure, are given to Defendant(s). For eviction cases filed prior to April 1, 2021, Texas requires landlords to swear that the CARES Act does not apply to the property. Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Texas the day immediately after its due date. A holdover tenant is someone whose lease has expired or been terminated but who continues to stay in the rental unit without the consent of the landlord. You may enter these components of the Signature Date in their respective areas. If the tenant disagrees with the petition, the landlord and tenant may choose to settle the dispute outside of court. The landlord should have two copies of the notice, because the court will need a copy. If required . This provides a reason for the eviction and a period of time that permits the tenant to cure a lease violation (if allowed) or quit the property. Go here for information about COVID-19 rent assistance and protections. The next space in this statement, following the term number and street will need the Building Number and the Street of the Leased Property entered. Notice of Possible Eviction:Some local governments, includingDallas, temporarily require landlords to give you an extra written notice and a chance to pay missed rent before giving you a Notice to Vacate for unpaid rent. These will have to be notarized before filing. The next blank space will require the County to be entered. Plaintiff In the Justice Court, Precinct v. County of , Texas . Military Status Affidavit Used to inform the court of whether or not the tenant is currently serving in the military. ). NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT. ! D+K+dBf#:H& You can be evicted for violations of terms listed in your lease, for example: The notice requirements differ if you are in public or subsidized housing or if your landlord participates in certain federal programs. If you are appealing your case after losing in Justice Court, file the Answer with the County Court that is hearing your appeal. You must choose the one that states the terms you wish delivered to the Recipient of this document. Not vacating when your lease is up and is not renewedcalled holding over.. Joining, supporting or organizing a tenant union or organization. 632 0 obj <>stream This information should appear on the court papers you received. Be aware of your local rules before checking this box. or witnesses to help prove the case in court. Below are the parts of the Texas eviction process outside the control of landlords for cases that go uncontested. (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenants rent unless:(1) notice of the fee is included in a written lease; (2) the fee is reasonable; and (3) any portion of the tenants rent has remained unpaid two full days after the date the rent was originally due. _____ COUNTY, TEXAS. Section 92.331 of the Texas Property Code describesunlawfullandlord retaliation, noting: Under this law, a landlord may not retaliate by: Section 92.333 goes on to describe what remedies a tenant may pursue, including, "a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord.". The third blank space calls for the Zip Code. Your hearing could take place as soon as 10 days after your landlord files a Petition for Eviction. If you have already filed an Answer in Justice Court, you do not have to file another one for your appeal. The petition should include the following information: Once the petition is filed, the court will create a citation which will be served to the tenant by the sheriff or constable at least six days What happens if I dont leave by the date on the notice to vacate? Locate the original, or a reliably legible copy, of the Lease and keep it accessible when filling out the Notice form. You will add that document as an attachment. Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit. Some written leases automatically renew on a month-to-month basis or for a longer period if neither party gives notice. The citation and complaint must be served on the tenant through one of the following methods: Thecourtwill use thelandlords answers to these interrogatory questions to decide whether the CARES Act applies. Landlords must follow specific steps when they are evicting tenants. Other addresses of where the tenant can be served notice. Other sections on this page will provide more information about how they factor in to the process. This page from the Texas Tenant Advisor describes what landlord retaliation is, when it is lawful and when it is not, and what remedies tenants have when unlawful retaliation occurs. If the rental property is foreclosed upon, and the lease will not be renewed, tenants must receive 30 days Less than three days if the lease does not state a time period. (a) a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days written notice to vacate the premises(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days written notice to vacate. You should bring all the documents that you received from the court or your landlord and any other documents that are important to your case. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. The first step in the eviction process is for landlord to provide notice to tenant of the intention to evict. This list tells you what steps to take to see if the CARES Act requires your landlord to give you an extra 30-day Notice to Vacate. The citation and petition/complaint must be filed at least six days before the hearing. You must get written notice to vacate before the landlord can file a lawsuit to evict you. See pages 4-5. Request for Writ of Possession (Sample) If a tenant continues to occupy a rental after being evicted, the landlord may use this document to request a court order which authorizes law enforcement to remove the tenant from the premises. Eviction proceedings do not meanthat a tenant will immediately be removed from their home. A tenant who believes their landlord punished them for exercising their rights under the law can use this form from Texas Law Help to file a lawsuit. There may be programs that can help you pay rent and avoid eviction. It is one possible basis for an eviction suit. (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute; (2) gives a landlord a notice to repair or exercise a remedy under this chapter; (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant: (A) claims a building or housing code violation or utility problem; and, (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or. The tenants date of birth, last three digits of their drivers license, and last three digits of their social security number. In Texas, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Texas landlord-tenant law. The documents provided below should be used as samples only. (d)(1) post a written warning of at least 8-1/2 by 11 inches on the exterior of the front door of the rental unit notifying the tenant that the writ has been issued and that the writ will be executed on or after a specific date and time stated in the warning not sooner than 24 hours after the warning is posted. Check this box if the petition was filed after September 25, 2020 and does not say that the Petitioner reviewed information about the Texas Eviction Diversion Program. If you fail to attend the hearing, the landlord will ask for a default judgment against you. Eviction for Violation of Lease or Responsibilities, Step 5: Possession of Property is Returned.