595 0 obj <> endobj This guidehelps you Answer an Eviction suit. You will also want to sign this document when you get to the court. List defenses and tell the court you will participate in the case. Be prepared for both. If you do not show up to court, your landlord will get a default judgment against you. Before filing an Eviction Citation, a written Notice to Vacate with a minimum of 3 days (72 hrs) is to be given. You can also watch the video below to learn more about eviction defenses. Low-Income Housing Tax Credit (LIHTC) program, Section 811 housing for people with disabilities, Section 221(d)(3) Below Market Interest Rate (BMIR) housing, Housing Opportunities for Persons with AIDS (HOPWA), USDA Rural Housing Choice Voucher program. No matter the situation, a landlord is not allowed to forcibly remove a tenant by: If found liable, the landlord could be required to pay the tenant an amount equal to 1 months rent plus $1,000, actual damages sustained, expenses incurred and civil penalties. [1] During the COVID-19 crisis, some local governments required landlords to give extra notice. All rights reserved. If choosing this selection, be prepared to report the Name of an Authorized Agent, the Total Past Due Rent Amount, the Minimum that must be Paid, and the Rental Period that must be paid for in the appropriate areas. Landlords must follow specific steps when they are evicting tenants. Tenants involved in illegal activity do not have the opportunity to correct the issue prior to eviction. Petition for Eviction from Residential Premises Filed by landlords when requesting a court order for the eviction of a tenant. Locate the original, or a reliably legible copy, of the Lease and keep it accessible when filling out the Notice form. 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 In addition to the complaint, the landlord will have to file a Case Information Sheet (Sample)and aMilitary Status Affidavit (Sample). [5]. Discovery is where the other side has to give you information as part of a court case. Landlords must include this affidavit with their eviction petition. If the tenant is in the military and on active duty. An appeal would halt the eviction process and generally costs $54 in filing fees. Interest in Rental Assistance Check this box if you and the landlord are both interested in getting help paying your rent. 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. 325 0 obj <>stream However, please be aware that not all covered properties are included in the results. This document must be filed when the initial eviction paperwork is submitted to the court. The CARES Act also protects tenants if Fannie Mae or Freddie Mac have a financial interest in the property. You may list any further defenses or information that you think the court should know about. If the tenant doesnt respond or appear at the hearing, the tenant will have seven days from the date they received the notice of the request for immediate possession to move out of the rental unit. Tells the court you will participate in the case. Texas law requires all landlords to give tenants a Notice to Vacate at least three days before filing for eviction unless the lease states a shorter time period. This article explains the basics of lease termination and eviction in mobile home communities. CARES Act:After July 25, landlords of covered properties must give a 30-Day Notice to vacate before filing for eviction. See also: "holdover tenant.". 0 If you are appealing your case after losing in Justice Court, file the Answer with the County Court that is hearing your appeal. Some written leases automatically renew on a month-to-month basis or for a longer period if neither party gives notice. By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. A tenant has at least 24 hours However, the CARES Act may still apply even if the property is not listed. One can serve by mail, fax, hand delivery, or email if thelandlordhas consented to email service. You will add that document as an attachment. Always address the Judge as Your Honor or Judge.. Other sections on this page will provide more information about how they factor in to the process. by An appeal may be filed, but it must be done within five days Dress in a way that shows respect for the court. The Texas Petition for Eviction form is used to notify the tenant that he or she has failed to comply with a portion of the lease. (f) personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry doorregular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question. Your property can be placed outside of the unit. The written notice can be delivered by hand to you or anyone in the unit over age 16; by mail or posted on the inside of your front door. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. The information and forms available on this website are free. If the Petition for Eviction does not say that the CARES Act does not apply to the property, you should include this information in your Answer and tell the judge during your hearing. Contacting a local or government agency about an issue related to a building or housing code violation. Note: The specific circumstances of your situation may result in a slightly varied timeline. [13] suit. 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. The CARES Act only protects people who are late on rent. A pilot version of the eviction diversion program initially became available in some counties in October 2020, and the eviction diversion program became available in all counties and cities in Texas on February 15, 2021. There is also amapfrom BASTA, Texas RioGrande Legal Aid, and Texas Housershere. If the Name appears on the Lease, make sure to transcribe it successfully on this line. Filing fees may vary in each county, please check with your local court to verify the fee. To get the information throughdiscovery, thetenantmay ask thecourtto require thelandlordtoanswerquestions by following these four steps: 1. Your landlord must go to court to evict you. In most counties, this costs around $46-$100 in filing fees. Filing eviction proceedings (unless in certain circumstances listed in Section 92.332, like when a tenant is behind in rent, has intentionally damaged the property, or remains in the property after their lease has ended); Depriving the tenant of use of the premises; "[E]ngaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease. The tenant does not have the option to fix the issue and must move out. These will have to be notarized before filing. Go to the court hearing. The tenant will use this form to state whether or not they agree with or deny the allegations made by the landlord. The CARES Act only applies to properties where the landlord participates in certain federal programs. If the rental property is foreclosed upon, and the lease will not be renewed, tenants must receive 30 days Disturbing other tenants by being too loud or noisy. Check this box if you know that the landlord has applied for assistance to cover rent they say you owe. Last Updated: This packetdoes not contain information about the COVID-19 pandemic, including the above moratorium and programs. The citation and complaint must be served on the tenant through one of the following methods: This section of the Texas Property Code discusses landlord retaliation. The eviction hearing will be held 10-21 days Note: TexasLawHelp does not currently have Motion for Expedited Discovery forms. Elizabeth Souza. Check the box by the rental assistance application has been approved if applicable. On the Answer document, check the box next to the method you will use to send the Answer to the other side. If the notice period ends and the tenant remains on the property, the next step in the eviction process requires the landlord to file a petition with the appropriate Justice of the Peace Court in Texas. TexasLawHelp.orgis managed by Texas Legal Services Center, a 501(c)(3) nonprofit organization. You can give them a copy by hand, mail, or fax. Select the Eviction Answer Formbelow these instructions. This article explains eviction, including what it is and what steps you may want to take if you are facing eviction. [14] after the writ of possession is posted on the property to vacate. This article, written by a Texas attorney and published by the Dallas Bar Association, discusses the commercial eviction process. If you are a Section 8 tenant, for example, you know that your property participates in a Section 8 program. 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 The library receives many questions about how to get people who are not on a formal, written lease to leave a home. Note that you can apply for help with rent through local programs. 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. %%EOF family) and will be counted on to deliver it to the intended Recipient, the second check box will apply. This July 2014 newsletter from the Texas Justice Court Training Center discusses the effects of 2013 laws that changed how evictions can be made from RV parks. Dress like you are going to a job interview or a special event. By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. It includes an Answer form and tips on what defenses to eviction may apply to you. January 4, 2022 This Notice will verify the Location of the concerned Property by listing the Street Address along with some basic geographical information. You can use this form to file an Answer in your evictions case: Answer Form. The following are types of notices depending on the reason: 3-Day Notice to Quit (Non-Payment of Rent) 3-Day Notice to Quit (Non-Compliance) Eviction and Reasonable Accommodations in Texas, Manufactured Home Communities and Eviction, Digital strategy, design, and development by, this article from Texas RioGrande Legal Aid, Tenant Protections under the 48th Emergency Order, Consumer Financial Protection Bureaus website. 1701 Directors Blvd Suite 530 Austin Texas 78744, Bench Exchange Program and Virtual Hearings Module, Civil Trial: Advanced Skills and Practice with Baylor Law School. (a) If the occupant is 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 before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. Copyright by the Texas State Law Library. In Texas eviction cases, no. This notice gives the tenant 3 calendar days to vacate the premises. [5] Explain to the judge what you are asking for and why you should get it. If it was hand delivered to the Intended Recipient, the first check box will apply. To prepare for the hearing the landlord and tenant should bring the following: Either party may request a postponement of the trial not to exceed seven days. The video and links below contain general overviews of how evictions happen and can help you know what to expect. Texas landlords are not required to allow tenants to correct a lease violation in these instances, but they must provide tenants with a 3-Day Notice to Quit, giving the tenant 3 days Can a landlord evict someone for no reason in Texas? Even so, proper notice must first be given before ending the tenancy. Fill out and sign this section before you send it to the other side. (PDF option). [10]after the petition/complaint is filed with the court. Go here for information about COVID-19 rent assistance and protections. In Texas, an eviction is also called a forcible entry and detainer, and a landlord cannot remove a tenant from the property without filing such a case. (The Notice to Vacate is what they are supposed to give you right before they file for eviction.) Landlords are not required to give tenants the option to pay past-due rent and remain in the rental unit in order to file an eviction action with the court. Once the issue is fixed, the lease will continue as before. Joining, supporting or organizing a tenant union or organization. If you would prefer that a jury rather than the J.P. hear your case, you can request a jury and pay $22 (or a sworn statement of inability to pay that fee) at least three days before the date set for your trial. 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. You may enter these components of the Signature Date in their respective areas. This list tells you what steps to take to see if the CARES Act requires your landlord to give you an extra 30-day Notice to Vacate. Below are the parts of the Texas eviction process outside the control of landlords for cases that go uncontested. PETITION. If neither of those methods work, the tenant could be served via first class mail. Get the downloadable 30-Day Month-to-Month Tenancy Termination Notice form template below (.pdf direct link). Information on this program is available here. A tenant who believes their landlord punished them for exercising their rights under the law can use this form from Texas Law Help to file a lawsuit. Statement 4 Month To Month Tenancy from the Tenant. (2) recover from the landlord a civil penalty of one months rent plus $1,000, actual damages, court costs, and reasonable attorneys fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord(i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one months rent. as required by the Texas Rules of Civil Procedure, are given to Defendant(s). If you are in public or subsidized housing, your landlord must have good cause not to renew your lease: for example, a serious lease violation. Direct all your responses to the judge unless you are questioning a witness. A notice of non-renewal is when the landlord or tenant notify the other that they will not be renewing the lease. Abstract of Judgment (DOCX, 19 KB) . Not making small repairs or completing maintenance pursuant to the lease agreement. PETITION: EVICTION C. ASE. The blank line in this statement must have a description of how the Rental Agreement was violated by the Recipient. Create a high quality document online now! BEXAR COUNTY, TEXAS Rental Subsidy (if any) $ Tenant's Portion $ TOTAL MONTHLY RENT $ PETITION: EVICTION CASE COMPLAINT: Plaintiff hereby sues the following Defendant(s) for eviction of Plaintiff's premises (including . Federal Mortgage in Forbearance:Check this box if: You can go to theConsumer Financial Protection Bureaus websiteto find this information. A Texas eviction notice is used by a landlord to notify a tenant of a lease violation. 1701 Directors Blvd Suite 530 Austin Texas 78744 Phone: 512.347.9927 Toll Free: . You may be able to file online at efiletexas.gov. It is one possible basis for an eviction suit. the appropriate Justice of the Peace Court in Texas. Court serves tenant with summons & complaint. The check box marked will declare how this document was Delivered. In order for a Landlord to inform a Tenant(s) that he or she will terminate the Monthly Lease Agreement these two parties share Thirty Days after the Tenant(s) receives this paperwork. Most of these protections have ended, However, a landlord must still give you 30 days' notice before filing an eviction if the CARES Act covers your home. If you absolutely cannot show up to the hearing, file a Motion for Continuance to ask for another date. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. Once you file your documents, you will receive a case number and a date to appear in court. If you and the Plaintiff agree, you can email them a copy. You can find these rules on your city or county website, or they may be listed on Special Tenant Rights to Notice on TexasLawHelp. Generate an official Texas eviction notice. Evictions usually involve a tenant not paying rent on time or breaking a rule included in the lease. or witnesses to help prove the case in court. At the latest, your hearing must be within 21 days of the Petition. Your hearing could take place as soon as 10 days after your landlord files a Petition for Eviction. If you can't file online and the court clerk's office is closed, contact the court clerk to find out how to file. Section 92.331 of the Texas Property Code describesunlawfullandlord retaliation, noting: Under this law, a landlord may not retaliate by: Section 92.333 goes on to describe what remedies a tenant may pursue, including, "a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's 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.". written notice prior to the eviction process. 3. You must appear in the J.P. court at the date and time given to you by the J.P. staff or as listed in the court papers. Some written leases require the tenant give a 30-day or 60-day notice of non-renewalto end the lease. [6] to move out of the rental unit. A petition seeking an eviction must be filed in the Justice of the Peace Precinct in which the premises are located.