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Free Texas Eviction Petition (Forcible Detainer) Worksheet

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Texas Eviction Petition (Forcible Detainer) Worksheet — a free preparation organizer for a Texas eviction. Get your facts in order, then file on the Justice Court’s official petition under TRCP 510 and Tex. Prop. Code Chapter 24.

Forcible Detainer TRCP 510 Texas Free PDF

A Texas eviction is called a forcible detainer suit, and it is filed in the justice of the peace (JP) court for the precinct where the property sits. Before filing, the landlord must deliver a written demand to leave — at least three days unless the lease sets a different period (Tex. Prop. Code § 24.005) — and let that period run. This tool is a preparation worksheet: it organizes the parties, the property, the grounds, and the notice details you will transfer to the court’s official petition under Texas Rule of Civil Procedure 510. It is not the official court form and not legal advice.

A Texas eviction is a forcible detainer action — a fast, possession-only lawsuit governed by Texas Property Code Chapter 24 and Texas Rule of Civil Procedure 510. Because the case moves quickly and turns on strict predicate steps, landlords who walk into the clerk’s office without their facts organized often stumble on a missing date, a defective demand to leave, or the wrong precinct. This worksheet exists to prevent that: it collects the parties, the property, the grounds, the amount owed, the notice details, and the relief you seek into one clean sheet.

Two things are important to understand up front. First, the PDF this page generates is titled a worksheet because it is a preparation organizer, not the petition the court files. The eviction itself is filed on the JP court’s official forcible detainer petition under Rule 510; you copy the organized facts from this sheet onto that form. Second, the demand to leave (the notice to vacate under Tex. Prop. Code § 24.005) is a separate, earlier step from any demand to pay rent or cure a lease breach — a point covered in detail in our Texas eviction notice guide. Get those two ideas right and the rest of the process is a checklist.

A Texas eviction runs through the justice of the peace court and, if appealed, the county court. The sequence is predictable, and every step has a date that a defending tenant — or a careful judge — will check. In order, the eviction proceeds like this:

Before a landlord may file the eviction, Texas law requires a written demand that the tenant leave. Under Tex. Prop. Code § 24.005, the landlord must give at least three days’ written notice to vacate before filing a forcible detainer suit, unless the lease has contracted for a shorter or longer period — in which case the lease period controls. This demand is distinct from any earlier notice that asked the tenant to pay overdue rent or fix a lease violation; those cure the breach, while the notice to vacate ends the tenancy and starts the eviction clock. The notice period is counted from the day the notice is delivered.

The statute is specific about delivery. The landlord may hand the notice to the tenant or to any person on the premises who is at least sixteen years old, or affix it to the inside of the main entry door. It may also be sent by regular mail, by registered mail, or by certified mail with return receipt requested, to the premises. If the property has no mailbox and access is barred by a keyless bolt, a fence, or a dangerous animal — or the landlord reasonably believes harm could result — the landlord may securely affix the notice to the outside of the main entry door in a sealed envelope and, on the same day, mail a copy in the same county (§ 24.005(f-1)). Keep dated proof of how and when the notice was delivered; that proof is what you rely on if the tenant disputes it. For the drafting mechanics of the demand itself, see the Texas eviction notice laws guide.

The eviction is filed in the justice of the peace court for the precinct and county where the rental property is located — not where the landlord lives or does business. Texas Rule of Civil Procedure 510.3 fixes that venue, and filing in the wrong precinct is a routine reason a case is dismissed or transferred, costing weeks. When you file, the petition must identify the parties and describe the premises well enough that the court and the officer can find it.

A forcible detainer petition states, at a minimum: the plaintiff-landlord and the defendant-tenant by name; a description of the premises, including the address and any unit; the basis for the suit — the tenancy or lease, the grounds (nonpayment, holdover, or breach), and that a written notice to vacate was delivered and expired; the relief sought, which is possession, plus unpaid rent and costs if the landlord chooses to plead them and the amount is within the court’s limit; and a verification or signature affirming the facts. The court, on filing, issues citation for service on the tenant and sets the case for trial not less than ten nor more than twenty-one days out. Because the JP suit decides possession only, a landlord who also wants a money judgment beyond the court’s limit, or who is fighting about ownership, may need a separate action in another court.

After the petition is filed, the court issues citation and an officer — a sheriff, constable, or authorized process server — serves the tenant with the citation and a copy of the petition. Service must be completed and returned to the court before the trial date; if personal service fails after diligent attempts, Rule 510.4 allows alternative service by posting or mailing with the court’s permission. The tenant may file a written answer, and appearing to contest the case preserves the tenant’s defenses.

At the hearing, the burden is on the landlord to prove the tenancy, the grounds, and that a proper written notice to vacate was delivered and expired before filing. The tenant may raise defenses — that the demand to leave was defective or miscounted, that rent was tendered and accepted, that the wrong party or premises was named, or that the landlord retaliated. If neither side asks for a jury and none is demanded within the rule’s deadline, the justice of the peace decides the case. A landlord who arrives with the lease, the delivered notice and its proof of delivery, and a clean rent ledger is in the strongest position; the facts recorded on this worksheet are exactly what that presentation requires.

If the landlord prevails, the court signs a judgment for possession. Either party may then appeal to the county court within five days after the judgment is signed, under Texas Rule of Civil Procedure 510.9, by filing an appeal bond, making a cash deposit, or filing a sworn Statement of Inability to Afford Payment of Court Costs. A perfected appeal moves the whole case to county court for a new trial; until the appeal deadline passes, the landlord cannot remove the tenant.

When no appeal is perfected and the tenant has not left, the landlord asks the court for a writ of possession. Under Tex. Prop. Code § 24.0061, the writ may not issue before the sixth day after the judgment for possession is rendered. Before executing the writ, the officer posts a written warning on the exterior of the front door, and the officer may not remove the tenant and their belongings sooner than twenty-four hours after that warning is posted. The officer, not the landlord, carries out the removal — Texas prohibits self-help lockouts as a route to possession. Remember that the JP judgment settles possession only: Tex. Prop. Code § 24.008 states that an eviction suit does not bar a separate suit for trespass, damages, waste, rent, or mesne profits, and it does not decide who holds title to the property.

Complete the fields below to generate your Texas eviction preparation worksheet. It organizes the parties, property, grounds, notice details, amount owed, and relief so you can transfer them cleanly onto the Justice Court’s official forcible detainer petition. Nothing here is filed with the court automatically — this is your working sheet.

Most Texas evictions that fail do so on procedure, not on the merits. The landlord may be entitled to possession and still lose because a date was miscounted or a step was skipped. Watch these first:

• Filing before the demand to leave has expired. The three-day (or lease-period) notice to vacate under § 24.005 must run out before the petition is filed; filing a day early is fatal.
• Confusing the demand to leave with a demand to pay. A notice that only asks for overdue rent does not end the tenancy; the separate written notice to vacate is what the eviction rests on.
• Filing in the wrong precinct. The suit belongs in the JP court where the property sits (TRCP 510.3), not where the landlord is located.
• A vague description of the premises or the grounds. The petition must name the property and state the ground clearly enough to be proven and served.
• Defective service or a missing return. If the officer’s proof of service is not returned to the court before trial, the case stalls.
• Using a self-help lockout. Changing locks or removing belongings without a writ of possession exposes the landlord to liability; only an officer executing the writ may remove the tenant.
• Missing the five-day appeal reality. Trying to remove the tenant before the appeal window closes, or before the writ may issue, undoes the judgment.

• Count the notice period carefully from the day the notice to vacate is delivered, and do not file until it has fully run (§ 24.005).
• Keep the demand to leave separate from any earlier demand to pay rent, and keep dated proof of how each was delivered.
• File in the right JP court — the precinct and county where the property sits (TRCP 510.3).
• Describe the parties and premises precisely so citation can be served and the court can find the property.
• Bring your evidence to the hearing — the lease, the delivered notice with proof, and a rent ledger if nonpayment is the ground.
• Never use a self-help lockout; wait for the judgment, the appeal window, and the writ of possession executed by an officer.
• Screen applicants thoroughly before you sign a lease — verifying credit, rental history, and prior eviction filings is the cheapest way to avoid an eviction later.
• Consult a Texas attorney for a contested case, an unusual tenancy, or any dispute over ownership.

Once the worksheet is complete, the next move is to transfer its facts onto the Justice Court’s official forcible detainer petition. Many Texas counties publish a fill-in petition through the court clerk or the court’s website; the organized fields on your worksheet map directly onto it — parties, property, grounds, notice, and relief. Sign the verification, pay the filing fee, and file in the correct precinct. Ask the clerk how the court prefers service to be arranged and whether e-filing is available.

After filing, calendar the key dates: the trial setting the court gives you, the deadline for the officer’s return of service, and — if you win — the five-day appeal window and the sixth-day earliest date for a writ of possession. Keep stamped copies of everything you file and every proof of delivery. If the tenant appeals, the case starts fresh in county court, so keep your evidence organized. And because an eviction is disruptive and costly for everyone, the best long-term practice is to screen carefully at the front end — a reliable tenancy rarely ends in a forcible detainer suit.

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