The Texas Petition Eviction form is a legal document used by landlords to initiate the eviction process for tenants who have failed to pay rent. This form outlines the complaint against the tenant, the grounds for eviction, and any monetary judgments sought by the landlord. Understanding this form is crucial for both landlords and tenants navigating the eviction process in Texas.
The Texas Petition Eviction form serves as a crucial document in the eviction process, particularly in cases where a tenant has failed to pay rent. This form is filed in the Justice Court of Harris County, and it lays out the essential details of the eviction case, including the names of the plaintiff and defendant, the specific premises involved, and the grounds for eviction. It includes a section where the plaintiff can indicate whether they are seeking a judgment for unpaid rent and provides a breakdown of the rent due, specifying if any portion is subsidized by the government. Additionally, the form outlines the request for service of citation, ensuring that the defendant is properly notified of the legal proceedings. The grounds for eviction typically cite a violation of the rental agreement, particularly focusing on the failure to pay rent. Moreover, the plaintiff can request not only possession of the property but also court costs, unpaid rent, attorney’s fees, and post-judgment interest. By clearly articulating these elements, the Texas Petition Eviction form plays a vital role in facilitating the legal process of reclaiming property and ensuring that landlords can address non-payment issues effectively.
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
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