The tenant will use this form to state whether or not they agree with or deny the allegations made by the landlord. Listen carefully and do not interrupt the judge or witnesses. Some written leases automatically renew on a month-to-month basis or for a longer period if neither party gives notice. 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. Check the box by the rental assistance application has been approved if applicable. Other addresses of where the tenant can be served notice. PDF PETITION - EVICTION CASE (WITH TEDP INFORMATION) - El Paso County, Texas You may select any of the following Terms to issue the intended Recipient by marking your desired statements corresponding check box. If the landlord is suing for rent or not. You live on a property with five or more units; Your landlord is in forbearance on a mortgage from the Fair Housing Administration or the Fair Housing Finance Agency (including Fannie Mae and Freddie Mac), Less than the time period stated in your lease, or. If you want to appeal the decision to County Court, you have to submit an Answer if you have not already done so. All rights reserved. You should ask the court for their rules for jury trials. The eviction process in Texas is covered by the Texas Laws of Civil Procedure. You must send a copy of your Answer to the Plaintiff. Note Eviction procedures may be impacted by the COVID-19 pandemic. Note: This Notice to Vacate is separate from the CARES Act Notice above and the Notice of Possible Eviction below. 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 The amount of time required in the notice depends on the type of tenancy. Note: TexasLawHelp does not currently have Motion for Expedited Discovery forms. Once you file your documents, you will receive a case number and a date to appear in court. When your case is called, be respectful in your responses to the people in court. Below are some terms and their definitionsthat are helpful to understand when facing an eviction. The tenant does not have the option to fix the issue and must move out. 595 0 obj <> endobj Last Updated: All Rights Reserved. PETITION: EVICTION C. ASE. Yes. Other sections on this page will provide more information about how they factor in to the process. You will also want to file any attachments that you create. (b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:(1) the day given in the notice for termination; or (2) one month after the day on which the notice is given. 3-Day Notice to Quit (Non-Compliance) This form lets the tenant know that he or she has breached the lease and that landlord will seek eviction if the breach has not been rectified within three days. 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. 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 You must choose the one that states the terms you wish delivered to the Recipient of this document. An eviction is not the same as a landlord choosing not to renew a lease once it ends. Below is a list of federal programs that trigger CARES Act tenant protections. Hours. To begin an eviction action, the plaintiff, usually the landlord, must file a petition in writing stating the following: (1) the name of the plaintiff; Can you kick someone out of your house in Texas? The landlord must notify the tenant and describe the offense committed and the number (#) of days to fix it. It requires the judge to look at the evidence before making a decision. There will also be a filing fee, the amount of which depends on where you file. The landlord may serve the notice by regular, registered, or certified mail with a return receipt requested. a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one months rent plus $500, actual damages, court costs, and reasonable attorneys 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. Or you can use Lone Star Legal Aid Eviction Answer Guided Interview(also below). A notice of non-renewal is when the landlord or tenant notify the other that they will not be renewing the lease. September 26, 2022 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. [8] 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 Get the downloadable At-Will Tenancy Termination Notice Form template below (.pdf direct link). Be prepared to give a short summary of your case and what has happened. 632 0 obj <>stream These will have to be notarized before filing. This page answers many common questions about landlord retaliation and what tenants can do about it. (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. Locate the original, or a reliably legible copy, of the Lease and keep it accessible when filling out the Notice form. 2. A tenant at or by sufferance is someone who has stayed in the rental after their lease has expired but who has not yet been asked to leave by the landlord. Evictions / Lubbock County, Texas The landlord gave you a 30-Day Notice to Vacate but filed for eviction before the 30 days ended. 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. In the state of Texas, landlords can deliver an eviction notice by any of the following methods: See also: "holdover tenant.". (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. 3-Day Notice to Quit (Non-Payment of Rent) This form is to let the tenant know that if he or she does not pay the past due rent, then he or she is subject to eviction. This If you are the landlord and want your tenants evicted, use this non-lawyerly form to do. Step 3: Judgment. You may enter these components of the Signature Date in their respective areas. Go here for more information on special notice requirements. JP 3-1 | Evictions - Dallas County The paperwork needed to evict a tenant in Texas will vary from county to county. This "notice to vacate" is required by Texas law before a tenant can be forced to leave. Click below for information: CARES Act protection for renters. This Notice will verify the Location of the concerned Property by listing the Street Address along with some basic geographical information. This notice gives the tenant 3 calendar to vacate the premises. This form might also be referred to as a Complaint for Eviction or Petition: Eviction Case.. [5] If the landlord filed for immediate possession, they must give the tenant Notice of Request to vacate if the landlord wins the eviction. and the reason for eviction. Other addresses where the defendant(s) may be served are: _____ [check or fill in as applicable]. (c) Trial in an eviction case must not be postponed for more than 7 days total unless both parties agree in writing. Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer. T4\f~M^&wWJqJ;$l'D,FrzW |A|7FFqiAY 3s$m>'{O@(SfL~^JZqf6 Q[8+ `o)vV"BJXe?uu` Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. If the tenant is in the military and on active duty. Additionally, there are other notice forms for other possible grounds for eviction in Texas. While Texas law requires landlords to give tenants notice before filing eviction, some cities have extra rules landlords must also follow. USDA Rural Housing Choice Voucher program. It lets you tell the judge in writing why you should not be evicted. Always address the Judge as Your Honor or Judge.. TJB | Eviction Diversion Program - txcourts.gov 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. You are legally entitled to advance notice of non-renewal. In addition to the complaint, the landlord will have to file a Case Information Sheet (Sample)and aMilitary Status Affidavit (Sample). Digital strategy, design, and development byFour Kitchens. See also: "tenancy at sufferance.". Find more help from the Texas Tenant Advisor atwww.texastenant.org. The petition must state exactly why you are being evicted. File the completed Answer with the court. This can include tenants without a written lease and week-to-week and month-to-month tenants. A tenant can only be legally removed with a court order obtained through the formal eviction process. 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. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. Landlords must follow specific steps when they are evicting tenants. Any evidence (i.e., photos of damage, billing statements, etc.) 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. What Happens if I Dont Show Up to Court? Texas Rule of Civil Procedure 510.9. [13] suit. Decide on what kind of signature to create. Joining, supporting or organizing a tenant union or organization. Answer an eviction filed against you. BROWSE HUNT COUNTY TEXAS FORMS 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. Your landlord is not required to store it. 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. [4] to vacate. Turn off your cell phone when you get into the court. $134.00 for filing and service on one person (additional service is $80.00 per person) All work and residence addresses and telephone numbers of the tenant (s .