The amount of pure rent due through the date oftrial will need to be. calculated fno ufrlities or ldte chorges ore ollowed in cloinslot unpoid renr.

Transcription

1 Eviction Cae An eviction cae i a lawuit brought to recover poeion of real property, often by a landlord againt a lenant. A claim for rent may be joined with an eviction cae if the amount of rent due and unpaid i not more than $10,000, excluding tatutory interet and court cot but including attorney fee, if any. Notice to Vacate lf the occupant i a tenant under a written leae or oral rental agreement, the landlord Elg give at leat three day'written notice to vacate the premle before the landlord file an eviction, unle the partie have contracted for a hoater or longer period of time in a written leae or agreement. The notice to vacate lhall be given in peron, by mail, or by affixing the notice to the inide of the main entry door and mut be unconditional. Notice by mail may be by regular mail, regitered mail, or by certified mail. return receipt requeted, to the premie in quetion. lf the dwellins ha no mailbox and ha a keyle bolting device, alarm ytem, or dangerou animal that prevent the landlord from enterins the premie, the landlord may ecurely affix the notice on the outide ofthe main entry door. rex.r Prop rry cod e!. 24.m5 Filing Petition with the Court Eviction uit O$! be filed in the precinct and county where the property i located. Rute5lo 3(b) lfthe eviction i baed on a written reidential Ieae, the plaintiff!0!!! name a defendant() all tenant obligated under the leae reiding at the premie whom the plaintiff eek to evict. ure (c) No judgment or writ of poeion may igue or be exeauted againt a tenant obligated under a leae and reiding at the premie who i not named in the petition. Rlle (c) LJpon filing, the court will immediately iue a citation and give to the Contable for ervice. Trial mut be held 10-21day frorn the date the petition i filed. Rure 10.a{a)(10) Trial can't be held le than 6 day after 5ervice. Ru e 510, tal At Trial The plaintiff i reponible for provint hi or her risht to poeion of the premie and, if a claim Ior unpaid rent ha been made, the amount of unpaid rent. Proof may include a copy of the leae, a copy ofthe notice to vacate, and payment record. The amount of pure rent due through the date oftrial will need to be calculated fno ufrlitie or ldte chorge ore ollowed in cloinlot unpoid renr.) Rule 10.3 (d) Judgment Thi court mut adiudicate the right to actual poeion and not tatle. Rure510.3 ( ) Writ of Poeion A writ of poeion may iue on the 6rh day afterjudgment provided an appeal i not properly filed. A writ may not iue more than 60 day after a judgment i igned unle Sood caue i hown. A writ may not be executed after the gorhday after a;udgment for poeion i ithed. R!re ro.8 {d} (rx2x3} Appeal A party may appeal a judgment in an eviction cae by filing a bond, making a cah depoit, or filing a worn tatement of inability to pay. Thi E!q! be done within 5 day afterjudgment i igned. The Judte will et the amount of bond or cah depoit. The bond/cah depoat mut be payable to the appellee and Og!! be conditioned on the appellant' proecution of it appeal to effect and payment of any iudtment and all cot rendered againt it on appeal. Rur (a) (b) An appellant who can't furnih a bond or pay a cah depoit in the amount required may intead file a Swom Stat ment of ln.bilityto Pay (SSIP). Rure 510.(<) (1) The tatement may be conteted within 5 day afterthe oppoing party receive notice the tatement wa filed. Rute 109 {2) The Court mut provide to the defendant a written notice at the time the SSIP i riled, tating that rent i required to be poted into the jutice court regitry, the method by which depoit i required, the day the depoit i required which mut be within 5 day of the date the SSIP i filed and a tatement that failure to pay the required amount may reult n the court iuing a writ of poeion without a hearing. Rul 10.9 (5) {A) li)(li) (iii)(iv) Demand for Jury aa I ltst;3 Demand forjury can be made by either party, mut be made at leat 3 day before trial and require a jury fee of S22 or by filing a worn tatement of inability to pay the jury fee. Rute 510.7(b) No motion for new trial may be filed in an eviction cae. Rule 10.8 (e) No counterclaim are permitted in an eviction cae. Rule 510.3(e)

2 CASE NUMBER: - -lp1 HEARING DATE: PLAINTIFF[S) DEFENDANT(S) -- IN THE JUSTICE COURT PRECINCT NO. ONE WALLER COUNTY, TEXAS PETITION: EVICTION CASE COMPLAINT: Plaintiff hereby ue the following Defendant(): for eviction of Plaintiff premie (including toreroom and parking area) located in the above precinct. The addre ofthe property i: Street Addre Unit No. (if any) City State zip GROUNDS FOR EVICTION: Plaintiff allege the following ground for eviction: D Unpaid rent. Defendant[J failed to pay rent for the following time period(): The amount of rent claimed a of the date of filing i: $_. Plaintiff reerve the right to orally amend the amount at trial to include rent due from the date of filing through the date of trial. D Other leae violation. Defendant() breached the term ofthe leae (other than by failing to pay rentj a follow: El Holdover. Defendant() are unlawfully holding over by failing to vacate at the end of the rental term or renewal of extenion period, which wa the _ day of 20-. NOTICE TO VACATE: Plaintiff ha given Defendant[) a written notice to vacate (according to chapter of the Texa Property code) and demand for poeion. Such notice wa delivered on the _ day of 20_ by thi method: SUIT FOR RENT: Plaintiff Et doe or n doe not include a uit for u npaid rent. ATTORNEY'S FEES: Plaintiff tr will be or tr will not be eeking applicable attorney' fee. The attorney' name, addre, phone and fax number are:

3 IMMEDIATE POSSESSION BOND: If Plainriff ha filed a bond for immediate poeion, Plaintiff requet that: (1) the Court et the amount of the bond; (2) the Court approve the bond; and (3) proper notice, a required by the Texa Rule of Civil Procedure, are given to Defendant[J. SERVICE OF CITATION: Service i requeted on Defendant(J by: peronal ervice at home or work, or by delivery to a peron over the age of 16 year at Defendant' uual place of reidence. If required, Plaintiff requet alternative ervice a allowed by the Texa Rule of Civil Procedure. Other home or work addree where Defendant() may be erved are: RELIEF: Plaintiff requet that Defendant() i erved with the citation and that Plaintiff i awarded a judgment againt Defendant(] for: poeion of the premie, inctuding removal of Defendant() and Defendant' poeion from the premie, unpaid reng if et forth above, attorney' fee, court cot, and interet on the above um at the rate tated in the leae, or if not o tated, at the tatutory rate for judgment. o I hereby requet a jury trial. The fee i $22 and mut be paid at leat 3 day before trial. o I hereby conent for the anwer and any other motion or pleading to be ent to my addre a follow: Plaintiff Printed Name Signature of Plaintiff or Agent or Attorney Defendant' lnformation Iif known) : Date of birth: Lat three digit of Driver Licene:_ Lat three digit of Soc. Sec. No.:_ Phone No.: Addre of Plaintiff or Agent or Attorney City State zip Phone & Fax No. of Plaintiff or Agent or Attorney SWORN TO AND SUBSCRIBED before me thi _ day of 20- CLERK OF THE JUSTICE COURT

4 lntruction: The Servicemember Civil ReliefAct applie to a civil proceeding in thejutice Court. Eefore entering a delault jud8ment asaint an individual defendant, the plaintaff mut file with the courl an affidavit tating whether or not the defendant i in the military ervice, howins neceary fact to upport the affidavit, or tatins that the plaintaff i unable to determine whether or not the defendant i in military ervice, if that ithe cae. The requirement for an affidavit may be atified by a written, igned document declared to be true under penalty of perjury. lf it appear that the defendant i in military ervice, the court may not enter a judgment until after the coun appoint an attorney to repreent the defendant. lf the court i unable to determine ifthe defendant i in military ervice, the court may require plaintiffto file a bond in an amount approved bythe court. A pe6on who make or ue an affidavit underthi Act knowing it to be fale, mav be fined or imprioned or both. 50 U.5.C. App.501et eq. To obtain certificate of ervice or non ervice under the Servicemember' Civil ReliefAct, you may acce the public webite: hftp://www,dmdc.od,mil/appj/cra/crahome.do. Thi webite willprovide the current active military tatu ofan individual. Military Statu Affidavit Caue No. Plaintiff ln the Jutice Court Precinct One Defendant: Waller County, Texa BEFORE ME, on thi day peronally appeared, under penalty of perjury, tated that the following fact are true:, who, I am the [ ] Plaintiff [ I attorney of record for the Plaintiff in thi proceeding. II II I know thi becaue Defendant, i not in military ervice. Defendant, i in military ervice. [ ] I am unable to determine whether or not the Defendant i in military ervice. Signed on: Printed Name: Add re: Telephone: THE STATE OF TEXAS 5 COUNTY OF WALLER 5 SWORN TO AND SUBSCRIBED BEFORE ME on Clerk of the Court

5 CAUSE NO. Plainlifl: In the Jutice Court Precinct One Deltndant Waller County, Texa CERTIFICATE OF LAST KNOWN MAILING ADDRESS I, _, certiry that the lat known mailing addre that I have for the defendant, t Repectfully ubmitted, Plaintiff/ Pro Se Addre:_

6 JUSTICE COURT CIVIL CASE INFORMATION SHEET lalr:t CAUSE NUMBER (FoR clerx ue 1NLY): STYTED (e.9., John Smith v. All American lnurance Co; ln re Mary Ann lone; ln the Matter of the Etate of George,ackon) A civil cae information heet mut be completed and ubmitted when an original petition i filed to initiate a new uit. The information hould be the bet available at the time of filing. Thi heet, required by Rule of Civil Procedure 502, i intended to collect information that will be ued for tatitical purpoe only. lt neither replace nor upplement the filing or ervice of pleading or other document a required by law or rule. The heet doe not contitute a dicovery requet, repone, or upplementation, and it i not admiible at trial. 1. Contact information for peron completing cae information heet: Namei Teiephone: 2. Name of partie in cae: Pla intiff(): Addre Fax Defendant() city/tate/zip State Bar No [Attach additionalpase a neceary to lit all partie] Signature 3. lndlcate ca type, or identify the mot lmportant iue in-the cae (eled only 7)l d Debt Ctaim: Adebt claim cae i a lawuit brought to {EviAion: an euiction cae i a lawuit brought to recover recover a debt by an aignee of a claim, a debt collector or poeion of real property, often by a landlord againt a tenant. collection agency, a financial intitution, or a peron or A claim for rent may bejoined with an eviction cae if the amount entity primarily engaged in the buine of lending money at of rent due and unpaid i not more than S1O,OOO, excluding interet. The claim can be for no more than S10,000, tatutory interet and court cot but including attorney fee, if excluding tatutory interet and court cot but including any. attorney fee, if any. A Repoit dnd Remedyi Arcpat and remedy cae ia O'malt Ctdim: Amall claim cae i a lawuit broughtforthe lawuit filed by a reidential tenant under Chapter 92, recovery of money damage, civil penaltie, peronal property, or Subchapter B of the Texa Property Code to enforce the other relief allowed by law. The claim can be for no more than landlord' duty to repair or remedy a condition materially S1O,OOO, excluding tatutory interet and court cot but affecting the phyical health or afety of an ordinary tenant. including attorney fee, if any. The relief ought can be for no more than 510,000, excluding tatutory interet and court cot but including attorney fee, if any.