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If this Delivery was made by First Class Mail (USPS), the third check box will apply. This gave tenants time to make up the rent or find a new home. The Eviction Citation should say when your Answer is due. Eviction for Violation of Lease or Responsibilities, Step 5: Possession of Property is Returned. The Date entered across the three spaces in this statement will be the Date the Lease will be considered Terminated. An additional civil penalty of 1 months rent can be included as a remedy if the landlord prevents a tenant from entering the dwelling unit. The eviction process is as follows: Proceed to the justice court the rental property belongs to File a forcible detainer suit and prepare the following information for a quicker experience: Tenant's name and contact details Landlord's name and contact details Location and description of the rental property Reason for eviction Thecourtwill use thelandlords answers to these interrogatory questions to decide whether the CARES Act applies. A tenant can only be legally removed with a court order obtained through the formal eviction process. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. On the Answer document, check the box next to the method you will use to send the Answer to the other side. The Day, Month, and Year the Rental Agreement was Signed and made valid. Step 2: Filing of Eviction Suit. by If neither of those methods work, the tenant could be served via first class mail. Petition - Use this form to begin your eviction case ( this form is for use when the Emergency Orders have expired! (The Notice to Vacate is what they are supposed to give you right before they file for eviction.) An appeal may be filed, but it must be done within five days https://guides.sll.texas.gov/landlord-tenant-law, State Bar of Texas Lawyer Referral Service, Section 92.331 of the Texas Property Code, Texas Property Code, Chapter 92, Subchapter H, Nolo's Legal Encyclopedia: Landlord Retaliation, Guests, Tenants, and in Between: When There Is No Lease, Hotels/Motels vs. This may be because their lease expired or because they broke the lease and have forfeited the right to remain. You also must tell the court what method you used to send the Answer to the other side. Texas Notice to Vacate:Check this box if you did not get a Notice to Vacate. 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 Always address the Judge as Your Honor or Judge.. 3-Day Notice to Quit (Nonpayment of Rent), 30-Day Lease Termination Notice (No Lease/ End of Lease), 30-Day Notice to Quit (Foreclosure of Rental Property), What to Include in Texas Eviction Notices.