Disclaimer:
Reilly’s Real Estate Brokerage LLC and its employees are not licensed attorneys and do not provide legal advice or guarantee outcomes in any legal proceedings. The information we offer is intended to educate property owners about the eviction process and provide guidance based on our experience in eviction matters
Follow Our Guide Step By Step!
- Going through an eviction with a tenant can be complicated, ugly, and intimidating.
- Understanding eviction process is key to a successful eviction.
- There are NO GUARANTEES of any outcome.
- The courts do not care about owner losing money every day or if tenants arecausing property damage.
- Eviction process must be followed and implemented from start to finish for any chance of receiving an eviction judgement from any court.
- We make understanding of eviction process user-friendly even for first timers.
- Step by step instructions will be provided about evicting tenants for non-payment of rent, there are different options available to suit anyone’s needs.
- Basic eviction process for non-payment of rent is provided .
- This process can sometimes get quite lengthy and in-depth.
- Eviction process for Holdover or anything other than none payment of rent will not be provided at this time. Referring to licensed attorneys for these matters.
- Our Biggest recommendation is to learn the process, accept the process, and follow the process.
Here’s what you need to know to begin an eviction in Texas and ensure it holds up in court.
Starting the Eviction Process
You can start eviction anytime a tenant breaches the lease (e.g., non-payment of rent), but the legal process must be followed precisely to win a judgment.
First step: Serve a 3-day notice to vacate—the clock starts after the 2nd day rent is due.
3-Day Notice Rules
Use the 3-day notice to entice tenant into paying rent, making arrangements to pay rent , or to vacate the property.
Key Timing: Deliver after the 2nd day of the due date. When rent isn’t paid, give tenants 3 day notice. But keep in mind the first day does not count, so 4 days from actual date of mailing the notice.
Payment Complications
Warning: If you accept any payment (even partial) after serving the 3-day notice, it’s void in court. A judge will dismiss your case and you will have to start over.
What to Do If partial Payment is made:
Return the Payment: If you want to evict now, refund any money received and bring proof (e.g., a canceled check) to court.
Wait It Out: If you keep the payment, wait until next month, accept no further funds, and restart with a new 3-day notice.
Before filing, double-check: Have tenants paid anything? Verify dates and amounts.
Our Recommendation
Work with Tenants First: Evictions are costly—think legal fees, lost rent, and replacing tenants. A few weeks’ delay for payment often beats starting over.
Contact tenants early to negotiate a plan. Document all efforts to show good faith.
Court Considerations
Filing moves your case to court, typically scheduled 2-4 weeks later on a weekday, depending on the court’s docket.
Who Attends? You or a representative must appear to present the case to the judge. Plan accordingly!
Disclaimer:
Reilly’s Real Estate Brokerage LLC and its employees are not licensed attorneys and do not provide legal advice or guarantee outcomes in any legal proceedings. The information we offer is intended to educate property owners about the eviction process and provide guidance based on our experience in eviction matters
Possible 6 Stages To Remove Tenants
Stage 1: 3-Day Notice
Eviction Notice Explained
Select Eviction Notice Creation and Delivery Method
- This notice is Critical; it must contain specific verbiage and be delivered in a certain manor to be accepted by the courts , or the judge will dismiss the case. Delivering the notice incorrectly or improperly written notice is
THE #1-way landlords lose cases.
- Print multiple copies.(3)
1 for your records
1 for certified mail delivery
1 for regular mail delivery
- Will need to mail these in a certain manner with receipt request
Required – certified mail with signature receipt. Around $7
Regular mail -cost of stamp
- Keep all receipts of mailing , will need to show judge proof these documents were mailed and how they were delivered.
Helpful Information :
- Do not be in hurry to file eviction petition. The cost to replace a tenant is far more expensive than waiting and working with tenants for a couple of weeks. One main purpose of this notice is to let tenants know how serious non payment can get. Tenant has only 2 options pay full amount or be removed from property.
- Maintain communication with tenants at all times.
- Be flexible with tenants regarding paying and keeping their home. Be mindful that life gets everyone down from time to time. Give them a change to resolve it and get back on track.
- If tenants are always late and never pay agreed amount , time to cut losses and move on to next tenant. This happens to every landlord at some point.
- If you accept ANY money after the 3-day notice has been served, it will become null and void, and you will have to start over. But the 3 day notice motivates tenants to pay, make arrangement to pay , or vacate property.
Stage 2: Eviction Petition Filing
If Stage 1 ( 3- day notice ) has not been complete please return to Stage 1 and start there
3 Ways of Filling Eviction Petition
We Can Do It For You
Cost: $100
Skip the stressful headache of the paperwork and let us do it .
Eviction Petition In-Person Guide
IMPORTANT:
It is critical to file the eviction petition in the correct precinct. Filing in the wrong precinct may result in some fees not being reimbursed.
Are You Filing At The Correct Location?
How to Verify the Correct Precinct
Option 1: Contact a Justice of the Peace Court
Call any Justice of the Peace court and ask the clerk to confirm the precinct for the property’s location.
Note: Precinct boundaries may change, so verify this information for each filing.
Option 2: Check the County Website
Visit the county’s official website to see if they offer a tool or resource to determine the correct precinct.
Court Information Needed
Precinct: _______________________
Court Phone Number: _______________________
Court Address: _______________________
[Insert map link or placeholder for map]Judge’s Name: _______________________
Contact Email: _______________________
[Insert link to email]Website: _______________________
[Insert website link]
Constable Information
Address: _______________________
[Insert map link or placeholder for map]Phone Number: _______________________
[Insert link to dial phone number]Email: _______________________
[Insert link to email program]Deputy Name (Who Served Documents): _______________________
Website: _______________________
[Insert website link]
Prepare To Save Yourself A Trip
Call Ahead: Contact the courthouse to confirm:
Are they closed for lunch or holidays on your planned filing date and time?
Any special hours or closures?
Court Fees Table
Payment Methods
In-Person Payments:
Cash (exact amount only—no change provided)
Money Orders, Cashier’s Checks, Company Checks , Credit Cards (Visa, MasterCard, American Express, Discover) with valid government-issued ID
Electronic Filing:
Credit Cards (Visa, MasterCard, American Express, Discover)
Fill Out Eviction Petition Form
Eviction Petition Form
Info for form
Plaintiff and Defendant Information
Plaintiff:
Enter the first and last name or company name of the landlord.
This must match landlord’s name on lease and warranty deed filed with the county.Defendants:
List the first and last names of all tenants as they appear on the lease.
Always verify and include all occupants, even those potentially living in the property without permission.Suit Details:
Check the box for “suit for rent.”
“With bond for possession” is not typically used—consult an attorney if you wish to pursue this option.
Complaint Section
4. Complaint:
Provide the property address, which must match the address on the lease.
Service of Citation Section
5. Service of Citation:
Use the same property address as listed on the lease.
Unpaid Rent as Grounds for Eviction Section
6. Move-In Date:
Enter the month, day, and year the tenant moved into the property.
7. Missed Payment date:
Enter the month, day, and year of the first unpaid rent.
8. Total Lived-Up Back Rent:
Calculate and enter total back rent owed as of filing date (refer to the back rent calculations).
9. Daily Rent Rate:
Provide the daily rate from the calculation tab.
10. Tenant’s Responsibility:
If unsubsidized, enter the full rent amount the tenant is responsible for.
If subsidized, enter only the tenant’s portion of the rent.
11.Government Contribution (if subsidized):
Specify the amount the government pays toward the rent.
12. Total Rent Amount:
Enter the total monthly rent amount (tenant portion + government portion, if applicable).
13. Possession Only Option:
Check this box if you are seeking only possession of the property and no monetary award.
14. 3-Day Notice Delivery Date:
Enter the month, day, and year the 3-day notice was delivered (e.g., the date it was mailed).
15. Method of Notice Delivery:
Indicate how the notice was delivered (certified mail is recommended).
Check all applicable boxes:
□ In person
□ By certified mail, return receipt requested
□ Attached to the inside of the main door
□ Other: [Specify]
Additional Details
Attorney Fees:
Since no attorneys are involved, check the box indicating you are not seeking attorney fees.
16. Email Authorization (Optional):
Check the box if you authorize email communication and provide your email address:
Email: _______________________
Defendant Information
17. 1st Defendant’s Date of Birth: _______________________
18. 1st Defendant’s Last 3 Digits of Driver’s License #: __________
19. 1st Defendant’s Last 3 Digits of Social Security #: __________
20. 1st Defendant’s Phone Number: _______________________
21. 1st Defendant’s Email Address: _______________________
22. 2nd Defendant’s Date of Birth: _______________________
23. 2nd Defendant’s Last 3 Digits of Driver’s License #: __________
24. 2nd Defendant’s Last 3 Digits of Social Security #: __________
25. 2nd Defendant’s Phone Number: _______________________
26. 2nd Defendant’s Email Address: _______________________
Owner Information
27. Owner’s Name: _______________________
28. Owner’s Mailing Address: _______________________
28. Owner’s City, State, ZIP: _______________________
29. Owner’s Phone Number: _______________________
30. Owner’s Email Address: _______________________
Required Documents
Bring legible, printed copies of the following
BEFORE heading to the courthouse:
Lease: Full, clear copy of the entire lease agreement. (Written Lease) If you have no written lease select the tab below to view information.
No Written Lease?
Texas property code will govern agreement between landlord and tenant.
Even in the absence of a formal lease agreement, landlords retain certain rights and can take legal action under specific circumstances. The Texas Property Code provides guidelines that govern these situations, ensuring both landlords and tenants understand their respective responsibilities and rights
Texas property code
(Link: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm)
- 3-Day Notice to Vacate:
Must be delivered according to state guidelines , correct verbiage required by Texas Property Code.
– Copy of the notice.
– Receipt of mailing via certified mail.
Tenant Ledger: Optional, but helpful. Should show every charge, payment , and expenses for tenant.
Military Affidavit: Printed copy. Be sure to sign in front of Clerk NOT BEFORE. This must be filled out for every tenant no matter what.
Fill Out This Form To Download and Print Military Affidavit
Military Affidavit Form
- Military Status: Verification from the SCRA website (Service members Civil Relief Act). Use SCRA website to verify ALL tenants status in military.
How To Obtain Military Status Verification
Overview
Purpose: All tenants must be checked for military status using the SCRA (Service members Civil Relief Act) website.
Required Information: Date of Birth (DOB) and last name for each tenant.
Steps to Verify Military Status
Create an Account:
Visit https://scra.dmdc.osd.mil/scra/#/login and set up your personal account.Run a Records Request:
Submit a single records request for each tenant using their DOB and last name.
Print the status result for each tenant (required for court).Confirm Active Duty (if applicable):
For any tenant identified as military, re-run their details on the SCRA website to verify active duty status.
Print these results as well.
Back Rent Calculations: Detailed breakdown of unpaid rent. Lived up back rent – owner can only be awarded for every day a tenant has lived in property up until day of filing. Owner can not include late fees, repair fees, or any other fees owed by tenant except RENT. Are owners entitled to this money? Yes. But judges are not allowed by law to consider anything other than lived-up back rent amount.
Lived Up Back Rent Explanation and Break Down
Lived-Up Back Rent Definition: Owners can only be awarded rent for each day a tenant has occupied the property up to the day the eviction petition is filed. This amount excludes late fees, repair costs, or any other fees owed by the tenant—only the base rent is considered.
Are Owners Entitled to This Money?: Yes, owners are entitled to lived-up back rent, but by law, judges can only consider this specific amount in eviction court—no additional fees or charges are allowed.
Court Date Variation: The lived-up back rent amount calculated on the day of the court hearing will differ from the amount calculated at the time of filing, as it continues to accrue until the hearing.
IMPORTANT:
In eviction court, you can only sue for lived-up back rent—nothing else
(e.g., no late fees, damages, or other costs).
Any additional claims (up to $20,000) must be filed separately in small claims court.
Back Rent Calculator
Back Rent Calculator
Full Monthly Rent Amount: [Insert amount here]
Full Months of Rent Owed:
List each month owed with a total (e.g., June, July, etc.).
Total full months owed = [Sum of full months’ rent]Partial Month Calculation (Month of Filing):
Days in the month when filing the petition = [1–31]
Daily rent rate = Monthly rent ÷ Number of days in the month
Date of filing = [Day number, 1–31]
Partial rent for the filing month = Date of filing × Daily rate
Example:
If a tenant didn’t pay rent for June or July and the owner files in August, the tenant owes:
Full months: June + July
Partial month: August (up to the filing date)
IMPORTANT:
In eviction court, you can only sue for lived-up back rent—nothing else
(e.g., no late fees, damages, or other costs).
Any additional claims (up to $20,000) must be filed separately in small claims court.
Total Owed
Total Owed
Total owed = Full months’ rent + Partial month’s rent (up to filing date)
IMPORTANT:
In eviction court, you can only sue for lived-up back rent—nothing else
(e.g., no late fees, damages, or other costs).
Any additional claims (up to $20,000) must be filed separately in small claims court.
Filing At The Court House
Signature Instructions:
Do NOT sign the eviction petition until the court clerk has reviewed all paperwork and requests your signature.
The petition must be signed in the presence of the clerk.Preparation Guidelines:
You may complete all other sections of the petition and related documents in advance.
Leave the signature field blank until instructed by the clerk.
For efficiency, it’s recommended to have all paperwork fully filled out (except the signature) before arriving at the courthouse.
IMPORTANT:
Do not sign any documents until you’re in front of the clerk!
Eviction Petition Online Filing Guide
We Can Do It For You
Cost: Depends On Number Of Tenants
1 Tenant - 129 +$6 online fee
2 Tenants - 204 +$6 online fee
3 Tenants - $279 + $6 online fee
4 Tenants - $354 + $6 online fee
Fill Out The Form Below
Online Petition Form
Info needed:
tab 1
To proceed with the eviction filing, please provide the following documents if they have not been submitted already:
Copy of Lease: Upload a copy of the signed lease agreement. PDF
Copy of 3-Day Notice: Upload a copy of the 3-day notice served to the tenant. PDF
County Where Property Is Located: Specify the county in which the property is situated (for jurisdictional purposes).
Court Information
Important Note: It is critical to file the eviction petition in the correct precinct. Filing in the wrong precinct may result in some fees not being reimbursed.
How to Verify the Correct Precinct
Option 1: Contact a Justice of the Peace Court Call any Justice of the Peace court and ask the clerk to confirm the precinct for the property’s location. Note: Precinct boundaries may change, so verify this information for each filing.
Option 2: Check the County Website Visit the county’s official website to see if they offer a tool or resource to determine the correct precinct.
Court Details
Precinct: _______________________
Court Phone Number: _______________________
Court Address: _______________________ [Insert map link or placeholder for map]
Judge’s Name: _______________________
Contact Email: _______________________ [Insert link to email]
Website: _______________________ [Insert website link]
Constable Information
Address: _______________________ [Insert map link or placeholder for map]
Phone Number: _______________________ [Insert link to dial phone number]
Email: _______________________ [Insert link to email program]
Deputy Name (Who Served Documents): _______________________
Website: _______________________ [Insert website link]
Eviction Petition information needed.
Plaintiff and Defendant Information
Plaintiff: Enter the first and last name or company name of the landlord. This must match landlord’s name on lease and warranty deed filed with the county.
Defendants: List the first and last names of all tenants as they appear on the lease. Always verify and include all occupants, even those potentially living in the property without permission.
5. Service of Citation: Use the same property address as listed on the lease.
7. Missed Payment date: Enter the month, day, and year of the first unpaid rent.
8. Total Lived-Up Back Rent: Calculate and enter total back rent owed as of filing date (refer to the back rent calculations).
9. Daily Rent Rate: Provide the daily rate from the calculation tab.
10. Tenant’s Responsibility: If unsubsidized, enter the full rent amount the tenant is responsible for. If subsidized, enter only the tenant’s portion of the rent.
11.Government Contribution (if subsidized): Specify the amount the government pays toward the rent.
12. Total Rent Amount: Enter the total monthly rent amount (tenant portion + government portion, if applicable).
13. Possession Only Option: Check this box if you are seeking only possession of the property and no monetary award.
14. 3-Day Notice Delivery Date: Enter the month, day, and year the 3-day notice was delivered (e.g., the date it was mailed).
15. Method of Notice Delivery: Indicate how the notice was delivered (certified mail is recommended). Check all applicable boxes: □ In person □ By certified mail, return receipt requested □ Attached to the inside of the main door □ Other: [Specify]
16. Email Authorization (Optional): Check the box if you authorize email communication and provide your email address: Email: _______________________
Defendant Information
17. 1st Defendant’s Date of Birth: _______________________
18. 1st Defendant’s Last 3 Digits of Driver’s License #: __________
19. 1st Defendant’s Last 3 Digits of Social Security #: __________
20. 1st Defendant’s Phone Number: _______________________
21. 1st Defendant’s Email Address: _______________________
22. 2nd Defendant’s Date of Birth: _______________________
23. 2nd Defendant’s Last 3 Digits of Driver’s License #: __________
24. 2nd Defendant’s Last 3 Digits of Social Security #: __________
25. 2nd Defendant’s Phone Number: _______________________
26. 2nd Defendant’s Email Address: _______________________
Owner Information
27. Owner’s Name: _______________________
28. Owner’s Mailing Address: _______________________
28. Owner’s City, State, ZIP: _______________________
29. Owner’s Phone Number: _______________________
30. Owner’s Email Address: _______________________
Court Cost
How Many Tenants?
1- 129 +$6 online fee
2- 204 +$6 online fee
3- $279 + $6 online fee
4- $354 + $6 online fee
choose and pay
Info and Documents Needed
Before you begin the online filing process, ensure you have the following documents prepared:
3-Day Notice: A PDF copy of the 3-day notice served to the tenant.
Lease: A PDF copy of the signed lease agreement.
No Written Lease?
Texas property code will govern agreement between landlord and tenant.
Even in the absence of a formal lease agreement, landlords retain certain rights and can take legal action under specific circumstances. The Texas Property Code provides guidelines that govern these situations, ensuring both landlords and tenants understand their respective responsibilities and rights
Texas property code
(Link: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm)
- County Where Property Is Located: Confirmation of the county in which the property is situated (for jurisdictional purposes).
Military Status Verification PDF
How To Obtain Military Status Verification
Overview
Purpose: All tenants must be checked for military status using the SCRA (Service members Civil Relief Act) website.
Required Information: Date of Birth (DOB) and last name for each tenant.
Steps to Verify Military Status
Create an Account:
Visit https://scra.dmdc.osd.mil/scra/#/login and set up your personal account.Run a Records Request:
Submit a single records request for each tenant using their DOB and last name.
Print the status result for each tenant (required for court).Confirm Active Duty (if applicable):
For any tenant identified as military, re-run their details on the SCRA website to verify active duty status.
Print these results as well.
Court Information Needed
IMPORTANT:
It is critical to file the eviction petition in the correct precinct. Filing in the wrong precinct may result in some fees not being reimbursed.
How to Verify the Correct Precinct
Option 1: Contact a Justice of the Peace Court Call any Justice of the Peace court and ask the clerk to confirm the precinct for the property’s location. Note: Precinct boundaries may change, so verify this information for each filing.
Option 2: Check the County Website Visit the county’s official website to see if they offer a tool or resource to determine the correct precinct.
Court Details
Precinct: _______________________
Court Phone Number: _______________________
Court Address: _______________________
Judge’s Name: _______________________
Contact Email: _______________________
Website: _______________________
Constable Information
Address: _______________________
Phone Number: _______________________
Email: _______________________
Deputy Name (Who Served Documents): _______________________
Website: _______________________
Online Eviction Filing Process
E-Filing Confirmation
Once the petition is submitted via e-file, you will receive an email receipt.
See example: [Receipt Example PDF]Court Acceptance Notification
When the court accepts petition, you will receive an acceptance email containing the scheduled time and date for the eviction hearing.
See example: [Accepted Example PDF]Follow-Up if Delayed
If you haven’t received an email within a few days, contact court clerk to verify that petition was received.Service of Documents
After petition is accepted, court will forward documents to the constable’s office, typically within a few days.
A deputy constable will serve petition filing documents to tenants, following specific procedures if the tenants are not home.
Note: The owner is not permitted to serve legal documents.
Click To View EXAMPLE
Example of Confirmation That the Petition Was Submitted Successfully
Click To View EXAMPLE
Example of Confirmation That the Petition Was Accepted
Stage 3: Court Appearance
If Stage 1 and 2 have not been complete please return to those stages and complete before continuing
Self-Guided Court Appearance: $75
Includes resources and guidance for representing yourself in court.
Our Representation Services:
Available for properties located in the following counties (pricing as listed):
Tarrant County: $350
Denton County: $350
Johnson County: $350
Parker County: $350
Dallas County: $700
Wise County: $400
Ellis County: $400
Eviction Court Appearance Guide
Required Documents
Lease: A complete, legible copy of the entire lease agreement.
Proof of Ownership – If you have recently purchased the property (or for any other reason) and the lease is still in the previous owner’s name, you must provide proof of ownership to the judge to confirm you are the new owner. Acceptable documents include a Deed of Trust or closing documents.
3-Day Notice to Vacate:
A copy of the notice.
Receipt of mailing the 3-day notice via certified mail.Tenant Ledger: (Optional) A record of the tenant’s payment history.
Military Affidavit: A printed copy of the affidavit verifying the tenant’s military status.
Military Status from SCRA Website*: Documentation from the Service members Civil Relief Act (SCRA) website confirming the tenant’s status.
Lived-Up Back Rent Calculations for Court Date:
Update the back rent calculator from the filing date to the court date.
Total owed = Full months’ rent + Partial month’s rent (up to court date).
Additional Claims
Anything beyond lived-up back rent (e.g., fees, damages) must be pursued separately in a small claims suit, up to a limit of $20,000.
Courtroom Tips
Arrive Early
Be punctual and plan to arrive ahead of time. Cases scheduled before yours may delay your start, and security screenings (including metal detectors) at courthouse entrance can take several minutes. Do not bring weapons, including pocket knives, to courthouse.Maintain Professionalism
Remain respectful at all times. Avoid shouting, raising your voice, using profanity, or speaking negatively to anyone in the courtroom.Dress and Behave Respectfully
Wear neat, clean, business casual attire to demonstrate respect for the court. Avoid shorts, t-shirts, tank tops, worn-out jeans, or similar clothing—formal attire like a suit or tie isn’t required. Remove hats in the courtroom.
Do not chew gum, eat, or drink during the hearing. Silence all cell phones and electronic devices, and refrain from talking to others while court is in session.Leave Children at Home
Do not bring children unless they are required by the judge or an attorney, or if they will serve as a witness or provide information during the hearing.Follow Courtroom Procedures
When your case is called, follow court staff’s instructions on where to sit or stand. Bring all your paperwork with you. Address the judge as “Your Honor” or “Judge” and stand when speaking to them.Speak Clearly and Respectfully
Listen attentively and wait for your turn to speak—do not interrupt the judge or defendant. When it’s your turn, speak slowly, stay calm, and present your case. Direct all comments to the judge, not the defendant.Prepare Your Materials
Be ready to read your script when prompted by the judge. Ensure all documents are organized and accessible.Stay Focused on Rent Issues
If tenants raise topics unrelated to rent (e.g., repairs or property condition) and the judge asks about these, respond:
“Your Honor, I am not prepared to address any matters other than unpaid rent today. The tenant is welcome to follow proper procedures to file a separate complaint if needed.”Understand the Outcome if You Win
If the judge rules in your favor, tenants have 5 days (excluding weekends and holidays) to file an appeal. Ideally, they will vacate the property once ruling is made.Handle a Loss in Court
If you lose:
Listen carefully to the judge’s explanation for the ruling.
Identify and correct any mistakes made in the process, as you’ll need to start over.
Be aware that the tenant will be allowed to remain in the property.
Court Forceable Worksheet Questions
Below is the information needed to form a script for your court appearance:
Plaintiff Name: [Insert plaintiff’s full name or company name]
Defendant Name: [Insert defendant’s full name]
Date Lease Started: [Month, Day, Year]
Term of the Lease: [e.g., 12 months, month-to-month, etc.]
Rent Amount: [Monthly rent amount, e.g., $1,000]
Lived-Up Back Rent to Court Date: [Total amount owed as of the court date, e.g., $3,500]
Each Month Owed:
[List each month and amount, e.g., June 2024: $1,000, July 2024: $1,000, etc.]
Total: [Sum of all months owed]Lease Violation:
Tenant is in violation of [specific page and paragraph of the lease, e.g., Page 2, Paragraph 3, entitled “Default”].3-Day Notice Delivery:
How it was delivered: [e.g., Certified mail, return receipt requested]
Date delivered: [Month, Day, Year]Property Address: [Full address of the property in question]
Back Rent Amount: [Reiterate total lived-up back rent owed as of the court date]
Courtroom Script
A. Lease Agreement
Your Honor, the defendant entered into a lease agreement with [Plaintiff’s Name] on [Date of Lease, e.g., MM/DD/YYYY]. This is currently a [valid/month-to-month] lease.
B. Lease Terms
The term of the lease was for [Number] months at $[Rent Amount] per month, due in advance on the first of each month without demand.
C. Lived-Up Back Rent
The amount of pure lived-up back rent owed is:
$[Amount] for the month of [Month 1]
$[Amount] for the month of [Month 2]
For a total of $[Total Amount]
D. Lease Violation
The defendant is in violation of the lease as per [Specify Paragraphs Violated, e.g., Page X, Paragraph Y].
E. Default Clause
As per [Page & Paragraph, e.g., Page 2, Paragraph 3], entitled “Default,” the lease states that the tenant loses their right to possess the premises if they breach any term of the lease contract.
F. Notice to Vacate
Proper written notice to vacate was delivered [Method of Delivery, e.g., via certified mail] on [Date Notice Was Given, e.g., MM/DD/YYYY].
G. Plaintiff’s Request
[Plaintiff’s Name] is pleading for possession of the property located at [Full Address of Property] and back rent in the amount of $[Total Back Rent Amount], plus court costs.
H. Evidence Submission
I would like to have these documents admitted into evidence.
Stage 4: Writ of Possession
If Stage 1-3 have not been complete please return to those stages and complete before continuing
How Would You Like To File?
Writ Of Possession Overview
A writ of possession is a court order that allows a landlord to reclaim their property from a tenant, marking the final step in the Texas eviction process. If the tenant fails to vacate within 5 days (excluding weekends and holidays) following the eviction ruling, the landlord must file a writ of possession to have the tenant physically removed.
What Is a Writ of Possession?
This court order instructs a law enforcement officer—typically a constable—to remove the tenant and their belongings from the rental property. The cost is $155 for the first hour, with an additional $50 per hour for each subsequent hour.
IMPORTANT:
Contact the court clerk prior to filing to verify that the tenant has not filed an appeal.
How It Works
1. The landlord wins the eviction lawsuit.
2. The landlord requests a writ of possession from the judge.
3. The judge signs the writ.
4. The writ is assigned to a constable deputy for execution.
5. The constable either serves the tenant directly or posts a notice on the tenant’s door, following legal guidelines.
6. At the scheduled date and time, the constable meets the landlord at the property and removes all occupants.
(See “Tenant Belongings and Move-Out Process” below for details on belongings.)
Tenant Belongings and Move-Out Process
Landlord Responsibilities:
The plaintiff or property manager must supply a minimum of four people and appropriate materials (e.g., trash bags, boxes, and locks) to complete the move-out.
After the first two hours, an additional fee of $50 per hour per deputy will be charged.
Removal Process:
The deputy will escort all occupants off the property.
The property owner, manager, or representative will remove the tenant’s personal property from the rental unit and place it in a nearby location, ensuring it does not block sidewalks or roadways.
The plaintiff or property manager must install new locks or rekey existing ones before the deputy departs.
Additional Notes
Weather Restrictions:
Writs will not be executed in inclement weather, such as rain, sleet, or snow.
Failure to Appear:
If the landlord fails to appear at the scheduled date and time without notifying the constable’s office, the writ will be returned to the court as “Failure to Perform,” and the process must start over.
Stage 5: Tenant Appeal Information
If Stage 1-4 have not been complete please return to those stages and complete before continuing
What Happens If The Tenant Files An Appeal?
(This Stage is FREE)
Filing Deadline:
Tenants have 5 days (excluding weekends and holidays) from the court date to file an appeal at the Justice of the Peace (JOP) court where the eviction occurred.Perfecting the Appeal:
After filing appeal paperwork, tenants have an additional 5 days to “perfect” the appeal by completing required steps (see below).
What Does “Perfecting an Appeal” Mean?
To perfect an appeal, the tenant must:
Pay Court Costs:
Tenants must pay the court fees to file the appeal.
If unable to pay, they may file a “Pauper’s Oath” affidavit ([Oath.pdf]), stating they lack the funds.
Plaintiff Option: The landlord can challenge this affidavit, leading to a trial to determine the tenant’s ability to pay.
Recommendation: Challenging the affidavit is not advised, as it delays the process, allows tenants to remain in the property longer, and does not affect the landlord’s outcome regarding payment to the court.Deposit One Month’s Rent:
Tenants must deposit one month’s rent into the court registry.
If the Appeal Is Perfected:
If the tenant pays court costs (or files an unchallenged Pauper’s Oath) and deposits one month’s rent, the appeal is perfected.
Court documents will be transferred to the county court for further proceedings.
Next Steps:
- Contact the county court for additional details.
- Note on Representation:
If the property is owned by an individual, a lawyer may not be required. - If the property is held under a business entity (e.g., LLC, corporation), Texas law mandates hiring a lawyer.
- If a lawyer is involved, they will handle the process and obtain all necessary paperwork.
Recovering Registry Funds:
- If you win the county court judgment, return to original JOP court to request the rent held in court registry.
- Contact the clerk for instructions on how to apply for these funds.
If the Appeal Is Not Perfected:
Scenario 1: Pauper’s Oath Filed, No Rent Deposited
If the tenant files a Pauper’s Oath (and you choose not to challenge it) but fails to deposit one month’s rent into the registry:
The JOP will still send documents to the county court.However, you can file a writ of possession 5 days after the appeal filing date without waiting for the county court trial.
On the 6th day, file the writ of possession to remove the tenants.
After tenant removal, contact the county clerk to dismiss the eviction case.Outcomes:
You will not receive a judgment or be able to file an abstract of judgment from the eviction case.
To pursue monetary damages (e.g., back rent, property damages, or make-ready costs) or place a judgment on the tenant’s record, file a separate small claims suit. Once a small claims judgment is obtained, you can file an abstract of judgment.
Stage 6: Abstract Judgement
If Stage 1-5 have not been complete please return to those stages and complete before continuing
Purpose
An abstract of judgment creates a lien on the defendant’s non-exempt real property.
Impact on the Defendant
It may negatively affect the defendant’s credit score.
It can hinder the defendant’s ability to secure a mortgage or other financing.
IMPORTANT Note:
Ensure an abstract of judgment is filed for every judgment you receive.
How Would You Like To File?