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Blank Texas Petition Eviction PDF Template

The Texas Petition Eviction form serves as a legal document used by landlords to initiate the eviction process against tenants who have failed to pay rent. This form outlines the details of the complaint, including the grounds for eviction and any monetary claims the landlord may have. Understanding this form is crucial for both landlords and tenants to navigate the eviction process effectively.

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Open Form

Contents

Form Example

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	Month	Week	______(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

City	State	Zip	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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Common mistakes

Incomplete Information: Failing to provide all necessary details can lead to delays or dismissals. Ensure that the street address, unit number, city, county, state, and zip code are all filled out accurately.
Incorrect Rent Amount: Misstating the rent amount or the payment period is a common mistake. Double-check that the rent due is correctly calculated and that the payment frequency is specified.
Missing Grounds for Eviction: Clearly stating the reasons for eviction is crucial. Many forget to include specific details about the rental agreement violations, such as the period of unpaid rent.
Improper Service of Citation: Not providing accurate addresses for service can complicate the process. Make sure to list any additional addresses where the defendant can be reached, as required by the lease agreement.

Key takeaways

When filling out and using the Texas Petition Eviction form, it is important to consider the following key takeaways:

Accurate Information: Ensure that all information provided in the form, including the plaintiff's and defendant's details, is accurate and complete. This includes the correct address of the premises and the specific rental period in question.
Grounds for Eviction: Clearly state the grounds for eviction. The form requires detailing the specific violation of the rental agreement, such as non-payment of rent, and the duration of the unpaid rent.
Service of Citation: The form requests personal service of citation on the defendant(s). Be aware of any additional addresses listed in the lease agreement to ensure proper notification.
Judgment Requests: Specify all requests for judgment, including possession of the premises, unpaid rent, attorney’s fees, and any applicable post-judgment interest. This clarity will help streamline the court process.

⇓ Texas Petition Eviction PDF

Steps to Using Texas Petition Eviction

After completing the Texas Petition Eviction form, the next step is to file it with the appropriate Justice Court in Harris County. This will initiate the eviction process. Ensure you have all necessary documentation ready for submission.

Obtain the Form: Download the Texas Petition Eviction form from the official court website or visit the local Justice Court to get a physical copy.
Fill in Case Number: Write the case number in the designated space at the top of the form.
Identify the Court: Indicate the Justice Court precinct and place where you are filing the petition.
Provide Plaintiff Information: Enter your name as the plaintiff in the appropriate section.
Identify the Defendant: Write the name of the defendant(s) in the designated area.
Describe the Premises: Fill in the street address, unit number (if applicable), city, county, state, and zip code of the rental property.
Indicate Rent Payment: Check whether you are seeking a judgment for rent. Specify the due date and amount of rent owed.
Government Subsidy: Indicate if the rent is subsidized by the government and provide the amounts paid by both the government and the defendant(s).
Request Service of Citation: Specify how you want the citation served to the defendant(s).
State Grounds for Eviction: Describe the violation of the rental agreement and the period of unpaid rent.
Judgment Requested: List all requests for judgment, including possession of the premises, unpaid rent, attorney’s fees, and post-judgment interest.
Provide Contact Information: Fill in your mailing address, phone number, and email for court communication.
Sign the Form: Sign and date the form. Indicate whether you are the plaintiff, authorized agent, or attorney.
Notary Public or Clerk Signature: Have the document notarized or signed by the Justice Court clerk, as required.