Evictions
What is an Eviction Case?
An eviction case is filed whenever a person or company is trying to recover possession of real property (like land, a house, or an apartment) from someone else. Usually, it is a landlord filing against a tenant. The person or company filing the case is called the plaintiff and the person or company they file against is called the defendant.. Only the Justice of the Peace Court in the precinct in which the real property is located has jurisdiction over the eviction lawsuit.
Before an eviction can be filed, the landlord must first deliver a pre-suit notice which demands that the person vacate the premises and surrender possession back to the landlord. Depending on circumstances, this notice must either be a notice to vacate or a notice to pay or vacate. A landlord may not file an eviction suit until after:
• a proper notice has been given;
• the time period in the notice has expired; and
• the premises have not been vacated. Property Code § 24.005.
If the tenant fails to move out by the deadline in the written notice, the landlord may file an eviction lawsuit and must pay court costs. The eviction petition must state the specific reason(s) why the tenant must move out. The landlord can seek rent owed, attorneys' fees, and court costs not to exceed $20,000 and possession of the property. A different lawsuit must be filed for damages, utility bills, re-letting fees, accelerated rent, deposit and/or late fees.
The tenant must be served a citation before the suit can commence. Court costs include the Constable's fee to serve the citation. A hearing will be set not more than twenty-one or less than ten days from the date of filing.
Both the landlord and tenant should appear in Court on the hearing date to present evidence. A jury demand may be made. If the jury fee in the amount of $22.00 is paid within three days before the trial date, the jury will hear the evidence and determine the prevailing party. If no jury demand is made, after hearing evidence the Judge will make a decision as to the prevailing party and a judgment will be entered. An appeal may be filed within 5 days after the judgment has been rendered.
When the judgment is entered awarding possession of the property to the landlord, the appeal period has passed, and the tenant is still in the premises, the landlord can file a request for Possession with the Court. A writ of possession will be issued and after the constable has given the 24 hours notice, they will contact the landlord for scheduling the writ. The constable will supervise the removal of all persons and their belongings from the property.
Appeal of the Eviction Lawsuit Judgment
If an appeal is filed then the case will be retried in County Court-at-Law. The notice of appeal must be filed with the Justice of the Peace Court no later than five days after the judgment is signed. An appeal bond must be put up plus the amount of court costs. Within five days of filing the notice of appeal the tenant must pay one month's rent into the registry of the court.
The tenant may choose to file a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond if a bond cannot be afforded. The Statement of Inability to Afford Payment of Court Costs or an Appeal Bond must be filed before the judgment is final. A landlord can contest the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond. The Justice of the Peace Court or County Court-at-Law approves the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond .
No matter who appeals, the tenant must file a written answer in the County Court-at-Law within eight days after the Justice of the Peace Court files the transcript.
Eviction filings must have all of the following documentation:
-
- Eviction Petition Packet
- Department of Defense Website
- Writ request form
- Dismissal Form
- Deskbooks : Texas Justice Court Training Center : Texas State University (select the evictions deskbook from the list)
