Created by Lone Star Legal Aid. Interest in Rental Assistance Check this box if you and the landlord are both interested in getting help paying your rent. PETITION. The program has been renewed through Supreme Court of Texas emergency orders since then. The notice period depends upon the terms of your lease and when it expires. In many cases, this will resolve the problem. 292 0 obj <> endobj If tenants request a continuance or jury trial, the process can take longer. You must send a copy of your Answer to the Plaintiff. 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 CARES Act may also protect you from late fees incurred prior to July 25, 2020. See also: "tenancy at sufferance.". Texas Notice to Vacate:Check this box if you did not get a Notice to Vacate. If the judge rules in favor of the landlord at the hearing, a Writ of Possession will be issued and the eviction process will proceed. This may be due a spoken lease. This includes when the landlord joins your application, starts their own application, or sends any information to any rent assistance program to apply for or receive payment. Information Packet Click here for information on filing an eviction case. In Texas, rent is due on the date specified in the lease. Defendant[s] (list all tenants) EVICTION PETITION 1. Here, learn what to do if your landlord has filed an eviction lawsuit. There are many legal terms used in the eviction process that non-lawyers may not know. If there is not enough room, you can attach the information to the Answer form. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. 313 0 obj <>/Filter/FlateDecode/ID[<74C2CC19EBCA754D8B489C562288F1E8><78C9F8AA6032114192B6590EDDBD43B3>]/Index[292 34]/Info 291 0 R/Length 104/Prev 138176/Root 293 0 R/Size 326/Type/XRef/W[1 3 1]>>stream as required by the Texas Rules of Civil Procedure, are given to Defendant(s). A constable will serve the papers on you or anyone on the property over 16 years of age. endstream endobj startxref Your property can be placed outside of the unit. It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. This Explain to the judge what you are asking for and why you should get it. It is one possible basis for an eviction suit. File the completed Answer with the court. Can you evict a tenant without a lease in Texas? Eviction protections may not apply for those living long-term in motels or hotels. These rights Texas law requires all landlords to give tenants a Notice to Vacate at least three days before filing for eviction unless the lease states a shorter time period. 0 H#` Write a list of questions, called interrogatories, that ask thelandlordfor the following information: 2. Last Updated: You should also bring any witnesses that This packetdoes not contain information about the COVID-19 pandemic, including the above moratorium and programs. It is the second-most populous county in Texas and the ninth-most populous in the United States. 632 0 obj <>stream If the notice period ends and the tenant remains on the property, the next step in the eviction process requires the landlord to file a petition with the appropriate Justice of the Peace Court in Texas. For the special rules that apply to eviction case appeals, see our brochure Appealing an Eviction.. Find more help from the Texas Tenant Advisor atwww.texastenant.org. A petition seeking an eviction must be filed in the Justice of the Peace Precinct in which the premises are located. It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice. (4) establishes, attempts to establish, or participates in a tenant organization. The tenant does not have the option to fix the issue and must move out. Yes. to move out of the rental unit. We will post forms when or if they become available. If you are the Deliverer, use the spaces in the statement beginning with I certify to report the Date of Delivery and the Name of the person the Deliverer relinquished the document to (Recipient). If your landlord is willing, this will let you abate and seal your case. The written notice can be delivered by hand to you or anyone in the unit over age 16; by mail or posted on the inside of your front door. The eviction process in Texas is covered by the Texas Laws of Civil Procedure. hWlrNZYCY5P,AT)NX)wEqPkx7(TAJ(V31/%+oOZdJ ub The landlord may serve the notice by personal delivery to the rental unit and placing the notice on the inside of the main door. To do so, landlords must first provide a 3 days Please see the Eviction page on the COVID-19 & Texas Law research guidefor current information related to COVID-19 and evictions. ! D+K+dBf#:H& Download a free eviction notice customized for Texas state law below in MS Word (.docx) or Adobe PDF format. In Texas, a landlord can evict a tenant without a lease or with a lease that has ended (known as a holdover tenant or tenant at will). If you lose the hearing, you can appeal within five days. Whatever the reason, it is important to keep paying your rent, as usual, so your landlord cant use nonpayment as another reason to evict you. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. 3-Day Notice to Quit (Nonpayment of Rent), 30-Day Lease Termination Notice (No Lease/ End of Lease), 30-Day Notice to Quit (Foreclosure of Rental Property), What to Include in Texas Eviction Notices. Texas law defines "forcible detainer" as when "a tenant or a subtenant wilfully and without force" remains in a rental property after their right to be there has ended. 3. The landlord and tenants legal name and contact information. Landlords must include this affidavit with their eviction petition. You must choose the one that states the terms you wish delivered to the Recipient of this document. Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice. Get the downloadable 3-Day Eviction Notice for Noncompliance form template below (.pdf direct link). If the property is listed, then the CARES Act probably applies. Even so, proper notice must first be given before ending the tenancy. An eviction is a lawsuit filed by a landlord to remove tenants and their belongings from the landlords property. Not for sale. Tenants may file a written answer with the court within 14 days of receiving the complaint, but this is not a requirement, and the tenant will still be able to respond to the eviction at the hearing even without a written answer. 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. The address of the property is: . Texas landlords are not required to allow tenants to correct a lease violation in these instances, but they must provide tenants with a 3-Day Notice to Quit, giving the tenant 3 days [14] after the writ of possession is posted on the property to vacate. [11]. A different lawsuit must be filed for damages, utility bills, re-letting fees, accelerated rent, deposit and/or late fees. 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). Most Texas court fees are as follows: In Texas, an eviction can be completed in 1 to 3 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or arent) in session and other various possible delays. Create your signature and click Ok. Press Done. [8]prior to the eviction hearing. Where do I file the Answer to my eviction case? The first step in the eviction process is for landlord to provide notice to tenant of the intention to evict. [3]. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. This article contains information about evictions and reasonable accommodations in Texas. The eviction notice for nonpayment of rent should state the total amount of past-due rent owed. It's important to review your lease for details on when and how each party should provide notice. List the title of each attachment. Not informing the landlord of any defects or maintenance issues. If this Notice had to be left with an adult who is reliable (i.e. Or you can use Lone Star Legal Aid Eviction Answer Guided Interview(also below). The tenant has at least 24 hours once the Writ of Possession has been posted on the property to move out of the rental unit. At the latest, your hearing must be within 21 days of the Petition. It should be noted that this article deals with Stop Eviction Texas. If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process. Turn off your cell phone when you get into the court. Answer an eviction filed against you. (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. Microsoft Word - Petition_Eviction_Case_JP2.docx Created Date: 5/22/2019 5:34:24 PM . Texas Petition Eviction Form - Fill Out and Use This PDF. They are not for sale. Here is an explanation of each defense. Also,Texas required all landlordswho filed for eviction prior to September 30, 2020, to swear whether the CARES Act applies to the an eviction case and whether they gave the tenant the required 30-day notice.