The Texas Petition Eviction form is a legal document used by landlords to initiate eviction proceedings against tenants who have failed to pay rent. This form outlines the reasons for eviction, the amount of rent owed, and requests the court to issue a judgment for possession of the property. If you need to fill out this form, click the button below to get started.
When filling out the Texas Petition Eviction form, it’s important to follow specific guidelines to ensure your petition is processed correctly. Here are six things you should and shouldn't do:
Petition for Eviction Based on Non-Payment of Rent
Case No.
§ In the Justice Court of
§
Harris County, Texas
Plaintiff
vs.
Precinct ______, Place ______
Defendant
1.COMPLAINT. Plaintiff files the complaint against the above-named defendant(s) to evict defendant(s) from plaintiff’s premises, which is located in the above precinct and which is described below.
Street Address or Other Description
Unit No. (If any)
City
County
State
Zip
2. SUIT FOR MONEY. RENT. Plaintiff (check one.)
does
does not seek a judgment for rent.
Rent is due on the ________ day of the (check one)
Month
Week
__________ (specify other rent paying period). The rent is
$____________ per
______(specify other rent paying period) The defendant(s) rent (check one)
is not subsidized
by the government is subsidized by the government as follows:
$__________ paid by the government, and $___________ paid by the defendant(s).
3.SERVICE OF CITATION. Plaintiff requests service of citation on defendant(s) by personal service at the above described premises. Other addresses of defendant(s) listed in the written lease agreement are as follows:
Landlord knows no other work or residence addresses for Tenant(s).
4.GROUNDS FOR EVICTION. Defendant(s) have violated the rental agreement between plaintiff and defendant(s) and have refused to vacate after notice from plaintiff. The rental agreement violation involved defendant(s) failure to pay the rent for the period beginning the _______ day of _________________________________(Month) 20____, and running through the present, which is still due and unpaid.
5.JUDGMENT REQUESTED. Plaintiff requests judgment for plaintiff and against defendant(s) for possession of the premises and for issuance of a writ of possession, and all court costs. Additionally, plaintiff requests judgment for the plaintiff and against defendant(s) for the following:
a.Rent. If the eviction is based on the breach of an agreement to pay rent, plaintiff requests judgment for unpaid rent in the amount of $________________________, as calculated at time of filing, and plaintiff also seeks judgment for rent accruing from the date of filing and becoming due thereafter.
b. Attorney’s Fees. If plaintiff engages an attorney, plaintiff requests judgment for attorney’s fees
because (check one)
a written
agreement, binding on defendant(s), contains a provision entitling plaintiff to attorney’s fees, or
plaintiff gave the 10-day notice as
required by Sec. 24.006, Texas Property Code.
c.Post-judgment interest. If plaintiff is granted a judgment, plaintiff requests post-judgment interest as allowed by statute or the rental agreement.
The Court may send any notice to plaintiff
PLAINTIFF:
Via U. S. mail, email, telephone or fax, as follows:
(as stated at top of page)
By
Street address
Signature
Print name of person signing Title
The above is the signature of: (check one)
Phone number
Fax number
plaintiff or
plaintiff’s authorized agent or
plaintiff’s attorney
Subscribe and Sworn to before me on this the __________day of_______________________, 20_______.
___________________________________________________________
Notary Public in and for State of Texas
-OR- Justice Court Clerk
9.01.2005
Custody Agreement Texas - Affidavit must be sworn before a notary in Texas.
Hhsc Nurse Aide Registry - Each modification in registration must be reported to uphold the integrity of the EMS service.
When navigating the eviction process in Texas, several key documents accompany the Texas Petition Eviction form. Understanding these forms can streamline the process and ensure all necessary information is provided. Here’s a brief overview of five essential documents commonly used in conjunction with the eviction petition.
Each of these documents plays a vital role in the eviction process. Being familiar with them can help landlords and tenants alike navigate their rights and responsibilities effectively. Always consider consulting a legal professional for guidance tailored to your specific situation.
When filling out the Texas Petition Eviction form, individuals often make critical mistakes that can hinder their case. One common error is failing to provide complete and accurate information about the defendant. This includes the defendant's full name, current address, and any other relevant identifying details. Incomplete information can lead to delays in the legal process or even dismissal of the case.
Another frequent mistake involves the section regarding the amount of rent due. Plaintiffs sometimes neglect to specify the exact amount owed or the period for which rent is unpaid. This oversight can create confusion and may weaken the plaintiff's position in court. It is essential to clearly state the amount of rent due and the time frame in which it accrued.
Additionally, many people overlook the importance of checking the appropriate boxes in the form. For example, failing to indicate whether the rent is subsidized by the government or not can complicate the case. This detail is crucial for the court to understand the financial arrangement between the plaintiff and defendant. Ensuring that all applicable boxes are checked is vital for a smooth process.
Lastly, plaintiffs often forget to sign the document or have it notarized. A signature is necessary to validate the petition, and without it, the court may not accept the filing. Additionally, if the document requires notarization, failing to complete this step can result in further complications. Timely attention to these details is essential to avoid unnecessary delays in the eviction process.
Understanding the Texas Petition Eviction form can be challenging, and several misconceptions can lead to confusion. Below are five common misconceptions about this form, clarified to help individuals navigate the eviction process more effectively.
Awareness of these misconceptions can empower both landlords and tenants to approach the eviction process with a clearer understanding, ensuring that their rights and responsibilities are upheld throughout.
Here are key takeaways for filling out and using the Texas Petition Eviction form:
Filling out the form accurately is crucial for a successful eviction process. Make sure to keep a copy for your records.
After gathering all necessary information, the next step involves completing the Texas Petition Eviction form. This form must be filled out accurately to ensure that the eviction process can proceed smoothly. Below are the steps to complete the form.