2. Three copies of the Notice to Vacate.
3. Money order or cashiers check (no personal checks).
4. Recheck all documents for correct spelling of names and addresses, and calculations on amount of rent you are suing for.
EVICTIONS: FROM FILING TO APPEAL
The Law
1. Texas Property Code (T.P.C.) 24.001 to 24.011.
2. Texas Rules of Civil Procedure (T.R.C.P.): Rules 738-755
Jurisdiction
A Justice Court in the precinct in which the real property is located has jurisdiction in eviction suits. Eviction suits include forcible entry and detainer and forcible detainer suits (T.P.C. # 24.004). Only issue to be determined is the right to actual possession. Merits of title cannot be determined.
Notice to Vacate
1. Written notice must be given prior to filing eviction suit.
2. Three day notice must be given for non-payment of rent and/or violation of lease.
If a written lease contract exists stipulating a different notice time, that stipulation must be followed. Unless your lease states otherwise, either party can terminate a month-to-month lease at any time by giving the other party a 30-day notice.
DELIVERING THE NOTICE TO VACATE
Either the owner or owner's agent can hand deliver or mail the notice under Sec. 24.005. There is no statute, rule or case law which requires the constable or sheriff to serve such notices. In fact, the constable or sheriff - if in uniform - cannot personally serve them.
HAND DELIVERING OR MAILING THE NOTICE TO VACATE
A. Hand deliver to tenant or any person residing at the residence
B. Regular or Certified mail.
C. Attaching notice to inside of main entry of the premises
(Always keep a copy of the notice to vacate).
After notice is given and tenant does not vacate the premises, a complaint for eviction would need to be filed in the precinct where the property is located. The complaint will describe the lands, tenements, or premises. The possession of which is claimed, with sufficient certainty to identify the same and shall also state the facts which entitle the complainant to the possession (T.R.C.P. 741). At the time of filing the complaint, the landlord will be given a date and time to appear for court. Also at that time a citation will be prepared notifying the tenant of the hearing.
POSTPONEMENT OF TRIAL (T.R.C.P. 745)
For good cause shown, supported by affidavit of either party, the trial may be postponed for no more than 6 days.
TRIAL
1. If the defendant fails to appear before the case is called for trial, JP can enter a default judgment. (T.R.C.P. 743)
2. If plaintiff fails to appear when case is called for trial, JP may, on motion of defendant, dismiss suit. (T.R.C.P. 543)
3. Any party can request a jury trial on or before 5 days from the date the defendant is served with the citation by paying a $5.00 fee.
4. Parties may represent themselves or be represented by authorized agents (who do not have to be attorneys) when case involves non-payment of rent holding over beyond rental term.
5. The party that wins is entitled to court costs. Attorney's fees are recoverable only if special 10-day notice is given or if written lease entitles landlord to them. (T.P.C. #24.006)
APPEAL
1. No motion for a new trial will be filed.
2. Either party may appeal to County Court by filing an Appeal Bond or Pauper's Affidavit (T.R.C.P. 749 & 749A) within 5 days from the date of judgment.
3. T.R.C.P. 750 Form of Appeal Bond.
4. Party appealing has the duty to notify the other side of the filing of the bond (T.R.C.P. 749)
5. Trial de novo in County Court which is entitled to precedence. When appealed, J.P. stays further proceedings and files transcript in county clerk's office. (T.R.C.P. 751)
WRIT OF POSSESSION
1. Cost of writ is $175.00.
2. If tenant fails to vacate the property after the expiration of 5 days from the day of judgment was entered which is required by law, on the 6th day the landlord may request a writ of possession. A writ of possession allows the constable to oversee the move-out of the defendant(s) from the leased premises, and insure no breach of peace is violated.
3. Officer may post warning on front door that writ will be executed at future date and time, and may engage services of warehouseman to remove and store property. (T.P.C. #24.0062 deals with warehouseman's lien.)
4. Officer may not require landlord to store property.
5. Officer may, if necessary, use reasonable force in executing writ.
TENANT (DEFENDANT) INFORMATION ON FORCIBLE DETAINER (EVICTION) SUITS AT JP3
1) READ THE CITATION. It tells you the time and date of your trial and other important information.
2) You may file a written answer, but this Court does not require you to do so. A "general denial" answer form
can be obtained from this Court for you to file prior to your court date. Filing a written answer will NOT change
your court date & will NOT release you from appearing on your court date.
3) YOU MUST APPEAR ON-TIME ON THE DATE OF YOUR TRIAL, or a Default Judgment may be rendered
against you. A Default Judgment means you failed to timely appear in Court for your trial & the Plaintiff (landlord)
was awarded possession of the premises plus any unpaid rent, attorney fees (if requested) & all court costs.
4) You may represent yourself or hire an attorney to represent you. Either way, you should prepare a proper
defense even though the burden is on the Plaintiff to prove his allegations against you.
5) "Hearsay" evidence is NOT admissible & cannot be used if the Plaintiff objects. Examples of hearsay evidence
are written affidavits & repeating or stating what other people (who are not present) have said or done. You CAN
& should bring to court with you: receipts, contracts & other such documents, & any individual witnesses who can
testify on your behalf.
6) At trial, the Plaintiff will first present his case as to why he should recover possession of the property & any
past due rent. You will then be allowed to present your defense as to why the Plaintiff should NOT recover
possession of the property & any past due rent. After both parties have rested their case, the Judge will enter a
written judgment stating whether or not the Plaintiff is awarded possession of the property, unpaid rent, court
costs, & attorney fees, if any.
7) IF a judgment is rendered against you, you may APPEAL the judgment. Upon appeal, the case is heard in
County Court. To appeal you must file, within 5 CALENDAR days (including Saturdays, Sundays & legal
holidays) from the date the judgment was SIGNED, an appeal "surety bond" (in the amount set by the Judge) &
pay all required appeal fees. You MIGHT be eligible to appeal by filing a "pauper's affidavit" stating & proving you
are unable to pay the costs of an appeal. A pauper's affidavit must also be filed within the same above indicated
5 calendar days from the date the judgment was SIGNED. If you file an appeal you should also file a written
answer to the suit at that time. BEFORE your 5 days expire, ask the court clerk for an appeal handout form &
read the Texas Rules of Civil Procedure as it pertains to evictions for further necessary requirements concerning
surety appeals & pauper's affidavits.
8) IF the Plaintiff disagrees with how the Judge rules, the Plaintiff may also file a surety appeal bond at this Court,
within the same above indicated 5 days.
9) If the Plaintiff is granted a judgment against you & if you do NOT timely file an appeal, the Plaintiff may then
purchase & request the Court to issue:
A WRIT OF POSSESSION: A Deputy Constable will arrive at your premises and keep the peace while
the plaintiff moves out all your property. The plaintiff can place all your property at a nearby location, in
accordance with the Texas Property Code, and/or
A WRIT OF EXECUTION: A Deputy Constable will personally demand from you the money amount of the
judgment owed, or he will levy on certain non-exempt property you may own, and/or
AN ABSTRACT OF JUDGMENT: When filed at the Bexar County Courthouse Records Office, the
Abstract serves as a lien on your non-exempt property.
