For eviction cases filed prior to April 1, 2021, Texas requires landlords to swear that the CARES Act does not apply to the property. This subchapter prohibits landlords from retaliating against a tenant for exercising a right given to them by law or by the lease. See this article from Texas RioGrande Legal Aid for more information about the CARES Act, including a list of programs that trigger tenant protections. Eviction and Reasonable Accommodations in Texas, Manufactured Home Communities and Eviction, Digital strategy, design, and development by, this article from Texas RioGrande Legal Aid, Tenant Protections under the 48th Emergency Order, Consumer Financial Protection Bureaus website. after the due date. Finally, the sheriff returns possession of the property to the landlord. If you dont leave after you get the notice to vacate, your landlord can proceed with the eviction lawsuit in Justice of the Peace (J.P.) court. The following are types of notices depending on the reason: 3-Day Notice to Quit (Non-Payment of Rent) 3-Day Notice to Quit (Non-Compliance) 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). Created by Lone Star Legal Aid. If the tenant does not respond, the landlord can file an eviction case (Forcible Entry and Detainer) at the Justice of the Peace Court. (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. and the reason for eviction. This section of the Texas Property Code discusses landlord retaliation. Attach the list ofinterrogatoriesto themotionwhen filing. 2. Eviction for Violation of Lease or Responsibilities, Step 5: Possession of Property is Returned. The landlord may give the tenant the option to pay the past due amount in full to avoid [10]after the petition/complaint is filed with the court. Texas Petition Eviction Form - Fill Out and Use This PDF. If the landlord filed for immediate possession, they must give the tenant Notice of Request to vacate if the landlord wins the eviction. Grounds for Eviction. If your explanations do not fit in the form, feel free to add it to a separate document. However, there are good reasons to file an Answer: The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law passed to help people and businesses during COVID-19. 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. Be prepared for both. storerooms and parking areas) located in the above precinct. Immediate Possession. Texas Law. Ive been served with the eviction lawsuit. PETITION. (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 date in the notice to vacate is not the date you will be kicked out. Go to the court hearing. This notice gives the tenant 3 calendar days to vacate the premises. Other addresses of where the tenant can be served notice. Such notice was delivered on , 20 by this method: . Eviction Petition Form Order of Dismissal Request of Writ of Possession Demand for Jury Immediate Possession Bond Appeal Bond Statement of Inability to Afford Payment of Court Cost Pauper's Oath Oath of Surety LINKS US Department of Defense - Servicemembers Civil Relief Act (SCRA) - (Click Here) TEXAS LAW HELP A default judgment means your landlord won the case because you did not show up to defend your case. Please take our patron satisfaction survey! The next blank space will require the County to be entered. If tenants request a continuance or jury trial, the process can take longer. Additionally, there are other notice forms for other possible grounds for eviction in Texas. This may be due a spoken lease. The video and links below contain general overviews of how evictions happen and can help you know what to expect. A jury may be requested three days before the trial and the trial fee is $22. If you have trouble filing online, you may be able to file in person with the court clerk. In order for a Landlord to inform a Tenant(s) that he or she will terminate the Monthly Lease Agreement these two parties share Thirty Days after the Tenant(s) receives this paperwork. Landlords are not required to give tenants the option to pay past-due rent and remain in the rental unit in order to file an eviction action with the court. It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. 325 0 obj <>stream 30-Day Notice to Quit (Month-to-Month Tenancy) This form is to let a party to a month-to-month tenancy know that the other party does not intend to renew the tenancy at the end of thirty days. The eviction hearing will be held 10-21 days If you and the Plaintiff agree, you can email them a copy. Can a landlord evict someone for no reason in Texas? How much time the tenant has to correct the issue (if allowed). Note that conflict with your work schedule is not usually an acceptable reason. [13] suit. In many cases, this will resolve the problem. An appeal may be filed, but it must be done within five days Defendants Original Answer Completed by the tenant after receiving notification of the eviction action filed against them. The citation and complaint must be served on the tenant through one of the following methods: You must appear in the J.P. court at the date and time given to you by the J.P. staff or as listed in the court papers. [8] to vacate the premises. (b) A writ of possession may not be issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure and judgment for possession is thereafter granted by default. To learn more about the eviction process in Texas click here. Note that the sealed envelope must have the tenants name, address, and Important Document in all caps (or similar wording) written on the outside. If you ignore the lawsuit or do not appeal if you lost, the landlord can get a Writ of Possession. This is an order from the court telling the constable or sheriff to give the landlord possession of the property. Note that the list and map are notcomplete. An eviction is a lawsuit filed by a landlord to remove tenants and their belongings from the landlords property. If the rental property is foreclosed upon, and the lease will not be renewed, tenants must receive 30 days A Texas eviction notice form for nonpayment of rent is a written document that states a tenant has 3 days If possible, enter the name of the city or county that made the rule. Eviction and Reasonable Accommodations in Texas, Digital strategy, design, and development by. If you lose the hearing, you can appeal within five days. This should be in the same precinct as the property. Digital strategy, design, and development byFour Kitchens. In Texas, rent is due on the date specified in the lease. You will also want to file any attachments that you create. It includes an Answer form and tips on what defenses to eviction may apply to you. What happens if I dont leave by the date on the notice to vacate? 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. You must serve the other side. If you have already filed an Answer in Justice Court, you do not have to file another one for your appeal. If an eviction is granted, a Writ of Execution is posted at the property, giving final notice to the tenant to remove their belongings. Evictions usually involve a tenant not paying rent on time or breaking a rule included in the lease. Statement 1 Nonpayment. This Notice will demand the Recipient to submit an Overdue Rent Payment within Three Days of receiving this paperwork or to move out of the Leased Property so the Landlord may retake Possession. Enter the Cause No., Plaintiff, Defendant, County, and Precinct No. [4] If the tenant does not appeal and remains on the premises, landlord can file a Request for Writ of Possession (Sample) with the court which, if granted, authorizes the sheriff to remove the tenant. The CARES Act may provide some indirect protection as well. The CARES Act also protects tenants if Fannie Mae or Freddie Mac have a financial interest in the property. 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. Your landlord must go to court to evict you. Not informing the landlord of any defects or maintenance issues. 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. 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. 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 This means you need to give a copy of the Answer to the Plaintiff or the Plaintiffs attorney, if they have one. The Writ of Possession will not be issued until six days after the judgment in the landlords favor, or seven days after the tenant receives notice of the request for immediate possession. or witnesses to help prove the case in court. Listen carefully and do not interrupt the judge or witnesses. 2022 Electronic Forms LLC. To get the information throughdiscovery, thetenantmay ask thecourtto require thelandlordtoanswerquestions by following these four steps: 1. Before a landlord can start formal eviction proceedings, they must notify the tenant about the need to fix a certain problem or move out. The notice period depends upon the terms of your lease and when it expires. You dont have to check any boxes. Can you evict a tenant without a lease in Texas? This can include tenants without a written lease and week-to-week and month-to-month tenants. Be aware that there is a fee for this. By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. During the COVID-19 crisis, some local governments required landlords to give extra notice. Typical lease violations could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when theres a no-pet policy. In most counties, this costs around $46-$100 in filing fees. A tenant can only be legally removed with a court order obtained through the formal eviction process. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. Information on this program is available here. Petition - Use this form to begin your eviction case ( this form is for use when the Emergency Orders have expired! Write a list of questions, called interrogatories, that ask thelandlordfor the following information: 2. If you are appealing your case after losing in Justice Court, file the Answer with the County Court that is hearing 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 This article explains the basics of lease termination and eviction in mobile home communities. There are many legal terms used in the eviction process that non-lawyers may not know. As of the 2010 census, the population was 2,368,139. Filing an Answer can help protect you from default judgments, present your defenses, and require the landlord to prove their case against you. 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 Texas State Texas Justice Court Training Center Legal Resources Old Forms Evictions and Landlord-Tenant Evictions and Landlord-Tenant . of the Texas Property Code) and demand for possession. Most Answer forms on TexasLawHelp contain a general denial. If you do not show up to court, your landlord will get a default judgment against you. You are legally entitled to advance notice of non-renewal. General explanation of residential tenant rights in Texas. Keeping all security devices (i.e., smoke alarms) in good working condition. A tenant can be evicted in Texas if they do not uphold their responsibilities under the terms of a written lease or rental agreement. The last section of this document, Certificate of Delivery, will have two areas. It is one possible basis for an eviction suit. . You should ask the court for their rules for jury trials. For a tenant with no lease or a month-to-month lease in Texas, the landlord must serve them a 1-Month Notice to Quit to end the tenancy. To do so, landlords must first provide a 3 days Illegal Activity. While Texas law requires landlords to give tenants notice before filing eviction, some cities have extra rules landlords must also follow. Once the process server (i.e., a sheriff) has delivered the tenant with a copy of the complaint, the tenant may choose to respond to (contest) the petition. Here, learn what to do if your landlord has filed an eviction lawsuit. On the Answer document, check the box next to the method you will use to send the Answer to the other side. Defendant[s] (list all tenants) EVICTION PETITION 1. The landlords request for a jury trial and consent for the tenants answer to be sent by email. Landlords are not required to allow the tenant to fix the issueand they must move out. The CARES Act may also protect you from late fees incurred prior to July 25, 2020. There may be programs that can help you pay rent and avoid eviction. Step 2: Check the Boxes for Your Defenses, Step 4: You May Ask the Court for a Jury Trial, Step 7: Signature and Contact Information, Step 8: Give the Document to the Other Side, Step 9: Certificate of Service Is Required, Lone Star Legal Aid Eviction Answer Guided Interview, How to Find Out if the CARES Act Applies to Your Home, Step 1: Find Out the Reason for Your Eviction. CARES Act map. To do so, they must first give 3 days If you are appealing by bond or by cash deposit, be sure to attach a copy of your appeal form to your Answer. An eviction is a lawsuit filed by a landlord to remove tenants and their belongings from the landlord's property. If the tenant disagrees with the petition, the landlord and tenant may choose to settle the dispute outside of court. The eviction hearing cannot take place for at least 10 days after the petition is filed. The information and forms available on this website are free. The Eviction Citation should say when your Answer is due. 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. For the special rules that apply to eviction case appeals, see our brochure Appealing an Eviction.. How are we doing? The eviction notice for nonpayment of rent should state the total amount of past-due rent owed. Create your signature and click Ok. Press Done. Please see the Eviction page on the COVID-19 & Texas Law research guidefor current information related to COVID-19 and evictions. This is important to understand as a verbal agreement to let a friend or family member stay with you may create a tenancy at will and will require formal eviction proceedings to get them to move out. You can use this form to file an Answer in your evictions case: Answer Form. 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.". Your hearing could take place as soon as 10 days after your landlord files a Petition for Eviction. If you want to appeal the decision to County Court, you have to submit an Answer if you have not already done so. The Date entered across the three spaces in this statement will be the Date the Lease will be considered Terminated. The filing fee for a Writ of Possession is generally $130 to $175 and shall be issued no earlier than six days after the landlord wins the eviction List the title of each attachment. 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. Filing fees may vary in each county, please check with your local court to verify the fee. Residential Tenancies: When Eviction Protections Apply, What You Need to Know about the Commercial Eviction Process, Please take our patron satisfaction survey. All rights reserved. (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. After filing the Motion for Expedited Discovery, serve thelandlorda copy of themotionand the proposed interrogatories. File a Motion for ExpeditedDiscoverythat asks the justicecourtto make thelandlordansweryour interrogatoriesunder oath. You must have a very good reason to move the court date. Check this box if you live on a covered property and any of the following apply: Covered Properties:Go to theNational Low IncomeHousing Coalitionfor a list of properties that fall under Section 4024 the CARES Act. What to do at an eviction hearing (Video), contact the legal aid program in your county. The form is a fillable PDF. This is especially true for smaller buildings or single-family homes, which are less likely to show up in the tool. There will also be a filing fee, the amount of which depends on where you file. In Texas eviction cases, no. UNPAID RENT AS GROUNDS FOR EVICTION: Defendant(s) failed to pay rent for the following time periods: _____ 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 tenant does not move out before the notice period expires and remains on the property, the landlord may proceed with the eviction process. If the property is listed, then the CARES Act probably applies. The CARES Act may provide some indirect protection as well. Owners in this type of forbearance cannot evict tenants for nonpayment. 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. Elizabeth Souza. Discovery is where the other side has to give you information as part of a court case. In Minnesota, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity. If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process. Dress like you are going to a job interview or a special event. Turn off your cell phone when you get into the court. You must designate what type of Notice you are sending in the area below the words Check Appropriate Box. Here, there will be four statements available for review. 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. If you have a Statement of Inability to Afford Payment of Court Costs (for an appeal or a jury trial), you must attach a copy to your Answer. This would give the person some protections as a tenant. The court does not have to give you a new court date just because you ask. 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. COMPLAINT: . This "notice to vacate" is required by Texas law before a tenant can be forced to leave. If you ask for a jury trial, note that every court has their own jury procedure. They also include legal forms one may be able to use if they are involved in an eviction lawsuit. %PDF-1.6 % The program has been renewed through Supreme Court of Texas emergency orders since then. This time gives the parties the opportunity to appeal. Section 24.0053 of the Texas Property Code. If you are the landlord and want your tenants evicted, use this non-lawyerly form to do. En Espanol. To learn more about the eviction process in Texas, click here. The Day, Month, and Year the Rental Agreement was Signed and made valid. Step 2: Filing of Eviction Suit. Petition for Eviction from Residential Premises, 3-Day Notice to Quit (Non-Payment of Rent), 30-Day Notice to Quit (Month to Month Tenancy). Locate the original, or a reliably legible copy, of the Lease and keep it accessible when filling out the Notice form. TexasLawHelp.org explains how landlord/tenant law may apply to a roommate who is not paying rent. Payment of Past-Due Rent. Decide on what kind of signature to create. One can serve by mail, fax, hand delivery, or email if thelandlordhas consented to email service.