Free Texas Petition for Eviction (Forcible Detainer) | Fillable PDF

⚖️ Texas Petition for Eviction

Forcible Entry and Detainer – Justice of the Peace Court

🚨 CRITICAL – Before Filing Eviction

You MUST complete proper notice before filing:

  • Nonpayment: Gave 3-day notice to pay or quit AND waited full 3 days
  • Lease violation: Gave 3-day cure or quit notice AND waited full 3 days
  • Holdover/termination: Gave proper termination notice AND deadline passed
  • Cannot file early: Premature filing = automatic dismissal, start over
  • Must have proof: Copy of notice AND proof of service required
  • 🔗 More TE Laws

⚠️ Where to File

Must file in correct Justice of the Peace Court:

  • File in precinct where property is located
  • Wrong court = case transferred or dismissed
  • Filing fee: approximately $100-$150 depending on county
  • Can file in person or (in some courts) online

📋 What Happens After Filing

  1. File petition: Submit to Justice Court with filing fee
  2. Court assigns date: Hearing typically 10-21 days after filing
  3. Constable serves tenant: Official service of court papers
  4. Attend hearing: Bring all evidence and witnesses
  5. Judge decides: Usually same day as hearing
  6. If you win: Get judgment for possession
  7. Wait 5 days: Tenant has 5 days to appeal
  8. Get writ: Request Writ of Possession from court
  9. Constable removes tenant: Must give 24 hours notice

📝 Court Information

Find your precinct at county website or call county clerk

Leave blank – court assigns when filed

Plaintiff Information (Landlord/Owner)

Defendant Information (Tenant)

List ALL occupants – everyone must be named

Type of Eviction

Notice Given to Tenant

Date by which tenant had to pay/cure/vacate

Facts of Case

This is your case summary – be thorough and organized

Relief Requested

Verification

Will sign actual form when filing

📚 Complete Guide to Texas Eviction Petition

Legal Authority: Texas Property Code Chapter 24 governs forcible entry and detainer (eviction) actions. Landlord must file petition in Justice of the Peace Court in precinct where property located. Must have given proper advance notice (3 days minimum for most cases, 30 days for month-to-month termination). Cannot file until notice period expires. Hearing scheduled 10-21 days after filing. Tenant has 5 days after judgment to appeal. If no appeal, landlord gets Writ of Possession and constable removes tenant with 24-hour notice.

Before You File

Checklist before filing eviction petition:

  • ✅ Gave proper notice (3-day pay/cure/quit OR 30-day termination)
  • ✅ Waited full notice period (don’t file early!)
  • ✅ Have copy of notice given to tenant
  • ✅ Have proof of service (receipt, photos, etc.)
  • ✅ Have copy of lease agreement
  • ✅ Know which JP Court precinct property is in
  • ✅ Have filing fee ($100-150 typically)
  • ✅ Know all occupants’ names

Where to File

Justice of the Peace Court in correct precinct:

  • Geographic jurisdiction: Property location determines court
  • Find your precinct: County website or call county clerk
  • Multiple units: If different precincts, file separately
  • Wrong court: Case may be transferred or dismissed

Filing the Petition

Steps to file:

  1. Complete petition form: Fill out all required information
  2. Attach evidence: Copy of lease, notice, proof of service
  3. Go to JP Court: In person (or online if available)
  4. Pay filing fee: Approximately $100-150
  5. Get cause number: Court assigns case number
  6. Constable service: Court sends papers to constable to serve tenant
  7. Get hearing date: Usually 10-21 days out

What Happens After Filing

Timeline after filing:

  1. Day 1: File petition, pay fee, get cause number
  2. Days 2-5: Constable attempts to serve tenant
  3. Day 10-21: Hearing date set
  4. Hearing day: Present your case, tenant presents defense
  5. Same day: Judge usually decides immediately
  6. If you win: Get judgment for possession (and rent if requested)
  7. 5 days after judgment: Tenant appeal deadline
  8. If no appeal: Request Writ of Possession
  9. 24 hours later: Constable removes tenant

What to Include in Petition

Required information:

  • Court information: County, precinct
  • Parties: Your name and address, tenant names and property address
  • Eviction basis: Nonpayment, violation, holdover, etc.
  • Notice given: Type, date delivered, how served, deadline
  • Statement of facts: Chronological explanation of case
  • Relief requested: Possession, rent, costs
  • Verification: Date and signature

Statement of Facts

What to include in fact statement:

  1. Establish relationship: “Defendant entered into written lease on [date] for monthly rent of $[X]”
  2. Describe default: “Defendant failed to pay rent for [months]” OR “Defendant violated lease by [specific violation]”
  3. Notice given: “On [date], Plaintiff served Defendant with 3-day notice to [pay/cure/quit]”
  4. Service method: “Notice was served by [personal service/certified mail/posting]”
  5. Deadline passed: “Notice required payment/cure by [date]. Deadline passed without compliance”
  6. Current status: “Defendant remains in possession without right”
  7. Relief needed: “Plaintiff entitled to possession of premises”

Common Mistakes

❌ Top 10 Eviction Filing Errors

  1. Filed too early: Didn’t wait full 3 days after notice. Automatic dismissal.
  2. Wrong court: Filed in wrong precinct. Case transferred or dismissed.
  3. Didn’t name all occupants: Left someone off petition. They can stay.
  4. No proof of service: Can’t prove tenant got notice. Case dismissed.
  5. Wrong notice type: Used termination notice for nonpayment. Wrong basis.
  6. Vague facts: “Tenant violated lease.” Must be specific.
  7. Wrong dates: Notice date or deadline incorrect. Inconsistent.
  8. No copy of lease: Forgot to attach. Judge needs to see terms.
  9. Accepted rent after notice: Took partial payment. May waive right.
  10. Didn’t attend hearing: No-show = case dismissed.

Best Practices

✅ Eviction Filing Checklist

  • Wait full notice period: Count days carefully before filing
  • File in correct court: Verify precinct at county website
  • Name everyone: All occupants must be defendants
  • Attach evidence: Lease, notice, proof of service
  • Be specific: Dates, amounts, facts in chronological order
  • Professional appearance: Typed, organized, complete
  • Keep copies: Everything filed with court
  • Prepare for hearing: Organize evidence, practice testimony
  • Bring witnesses: Anyone who observed violations
  • Attend hearing: Show up on time, dress professionally

⚖️ Legal Disclaimer

This form is provided for informational purposes only and does not constitute legal advice. Texas Property Code Chapter 24 governs forcible detainer actions. Must have given proper notice before filing. Cannot file until notice period expires. Must file in Justice Court in precinct where property located.

Premature filing = dismissal. Filing before notice period expires results in automatic dismissal and you must start over with new notice. Count days carefully. For 3-day notice, day of service doesn’t count – must wait 3 full days. Filing fee is not refundable if dismissed.

This form may not be accepted in all courts. Some Justice Courts have specific local forms. Call court clerk before filing to verify format accepted. Consider consulting Texas eviction attorney for complex cases or valuable properties.