Free Texas Eviction Petition (Forcible Detainer)
Texas Eviction Petition (Forcible Detainer) — Initiates a Texas eviction (forcible detainer) suit in justice court after a notice to vacate has expired. Filed by the landlord. Conform to Texas Justice Court (JP) rules and Tex. Prop. Code § 24.005 / TRCP 510.
A Texas eviction petition (forcible detainer suit) begins the eviction in the justice court (JP court) for the precinct where the property is located. Under Texas Property Code § 24.005, the landlord must first deliver a notice to vacate (at least 3 days unless the lease specifies a different period) before filing. The suit is governed by Texas Rule of Civil Procedure 510. The petition states the parties, the property, the grounds (nonpayment, holdover, lease violation), the notice given, and the relief sought (possession, and rent if pleaded). The tenant is served and a trial is set 10-21 days out. Either party may appeal to county court within 5 days. This form does not replace the official court forms or legal advice.
Texas Eviction Petition at a Glance
Statute
Tex. Prop. Code § 24.005 / TRCP 510
Court
Texas Justice Court (JP)
Filed by
Landlord / Attorney
Authority
Tex. Prop. Code § 24.0
This is a legal filing — conform to local court rules
Court forms must conform to the rules of Texas Justice Court (JP) and the applicable statute (Tex. Prop. Code § 24.005 / TRCP 510). Filing requirements, formatting, fees, and service rules vary by court and change over time. This worksheet helps organize the required information; it is not a substitute for the official court forms or for legal advice. When in doubt, consult an attorney or the court clerk.
How to Use the Texas Eviction Petition
Identify when the disclosure is required
Confirm the prerequisite is met: a valid Texas notice to vacate under Tex. Prop. Code § 24.005 (at least 3 days, or the lease period) has been delivered and expired.
Prepare the notice
Gather the underlying documents: lease, the notice served and proof of its service, and a rent ledger if applicable.
Provide the disclosure
Complete this worksheet with the parties, property, grounds, notice details, and relief sought.
Follow statutory timeline
Transfer the information to the official Texas Justice Court (JP) form(s); pay the filing fee and file in the correct court/precinct.
Document the process
Arrange proper service of process on the tenant and file proof of service. Appear at the hearing.
Generate the Texas Form
Complete the fields below to generate a Texas eviction petition. Service should comply with per Tex. Prop. Code § 24.005 / TRCP 510 and Texas Justice Court (JP) rules; retain proof of delivery.
Purpose
Initiates a Texas eviction (forcible detainer) suit in justice court after a notice to vacate has expired. Filed by the landlord.
1. Parties & Property
From (Landlord / Property Manager)
To (Tenant)
2. Filing Information
3. Notice Content
4. Signature
About This Texas Form
A Texas eviction petition (forcible detainer suit) begins the eviction in the justice court (JP court) for the precinct where the property is located. Under Texas Property Code § 24.005, the landlord must first deliver a notice to vacate (at least 3 days unless the lease specifies a different period) before filing. The suit is governed by Texas Rule of Civil Procedure 510. The petition states the parties, the property, the grounds (nonpayment, holdover, lease violation), the notice given, and the relief sought (possession, and rent if pleaded). The tenant is served and a trial is set 10-21 days out. Either party may appeal to county court within 5 days. This form does not replace the official court forms or legal advice.
Texas Statutory Requirements
- Tex. Prop. Code § 24.005 / TRCP 510 governs the filing
- Valid predicate: a valid Texas notice to vacate under Tex. Prop. Code § 24.005 (at least 3 days, or the lease period) has been delivered and expired
- Correct court / venue
- Complete petition/complaint contents
- Proper service of process with proof filed
- Filing fee paid
Delivery Methods
- File with the court clerk (e-file where required)
- Serve the opposing party per the applicable service rule
- File proof of service with the court
- Keep stamped copies of everything filed
Common Mistakes
- Filing before the predicate notice has expired
- Defective or improperly served notice
- Wrong court or precinct
- Incomplete description of premises or grounds
- Improper service of process
- Using self-help instead of the court process
Best Practices
- Confirm the predicate is satisfied (a valid Texas notice to vacate under Tex. Prop. Code § 24.005 (at least 3 days, or the lease period) has been delivered and expired)
- Attach the lease and the served notice
- File in the correct court/precinct
- Describe parties, premises, and grounds precisely
- Effect proper service and file proof
- Never use self-help eviction
- Consult counsel for contested cases
Bottom line
A Texas eviction petition must rest on a valid predicate (a valid Texas notice to vacate under Tex. Prop. Code § 24.005 (at least 3 days, or the lease period) has been delivered and expired) and conform to Tex. Prop. Code § 24.005 / TRCP 510 and Texas Justice Court (JP)’s rules. Proper notice and proper service are the most common failure points. This worksheet organizes the required information but does not replace the official court forms or legal advice.
Frequently Asked Questions
What is a Texas eviction petition?
Initiates a Texas eviction (forcible detainer) suit in justice court after a notice to vacate has expired. Filed by the landlord.
What must happen before filing?
The predicate must be satisfied: a valid Texas notice to vacate under Tex. Prop. Code § 24.005 (at least 3 days, or the lease period) has been delivered and expired. The matter proceeds under Tex. Prop. Code § 24.005 / TRCP 510 in Texas Justice Court (JP).
Which court handles this?
Texas Justice Court (JP), under Tex. Prop. Code § 24.005 / TRCP 510. File in the court for the location where the property sits.
Can I use this instead of the official court form?
No. This is an organizing worksheet. The official Texas Justice Court (JP) form(s) and current local rules control. Use this to prepare, then complete the official forms.
What is the most common mistake?
Filing before the notice has expired, or defective/improper service of the notice or process. Both are avoidable with careful attention to dates and service.
Do I need a lawyer?
These proceedings are technical and the stakes are high. While self-representation is allowed, consulting an attorney (or Texas Justice Court (JP)’s self-help center) is strongly recommended, especially if the case is contested.
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