Texas Eviction Notice Forms

The Eviction Notice is a legal paper necessary to deliver from the proprietor to the occupant in case any terms and conditions of the rental contract have been breached. The eviction notice template also used when the deal is being discontinued due to one of the parties’ request to do so without a circumstantial reason.

Texas Eviction Notice templates are accessible on the internet and may be created by an individual with or without legal assistance. It is important to render personal data of the tenant, a detailed report of the condition of the facility, faculty, or other locality being rented (residential or commercial), and the noncompliance of any type that caused the initiation of the rental agreement dismissal.

Texas Eviction Notice Form

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Texas Eviction Laws

Providing the Eviction Notice preceding filing the eviction suit is thoroughly described in Title 4, Chapter 24 of the Texas state law. Depending on what type of breach has been perpetrated by the lessee exactly, the lessor will first need to notify him or her about the demand to vacate the residential premises.

The resident, accordingly, possesses the right to either remedy the nonpayment, noncompliance, or another type of breach or defend. The Eviction Notice can be delivered to the tenant in person, to another occupant at least 16 years of age, to the inside of the entry door of the premises in question, or through the US registered mail.

If the tenant has gained possession of the rental property by forcible entry, he or she is supposed to receive a three days’ notice to quit before the legal process initiation. The notice period begins on the date of the delivery of the paper.

The dispute may not lead to filing a suit in court. If the lessor or the lessee has made a decision to withdraw the deal, they need to inform the other party about it, which is unlikely to be followed up by a lawsuit. If the rental payment date is one month later, the tenancy is not effective either on the date indicated in the notice or one month later after the notice has been given.

Eviction Notice Types Used in Texas

3-Day Notice to Quit (Nonpayment)

Such a paper is created if the renter who occupies the premises fails to provide the rental payment on time. The landlord may legally oblige the tenant to transmit the monetary funds or notify the resident of his or her intention to terminate the contract if the debt is reasonable.

3-Day Notice to Quit (Noncompliance)

It is delivered to the occupant who has committed a kind of rental agreement violation other than nonpayments, such as causing destruction to the premises exceeding wear and tear, being involved in any drug-related criminal activity, or other breaches.

30-Day Notice to Quit (Month-to-Month Tenancy)

Either the landlord or the lessee can voluntarily dismiss the contract. In such circumstances, the party initiating vacation should inform another one about this intention not later than 30 days prior to the end of the lease. This amount of time is considered enough for the tenant to find a different dwelling unit, as well as for other occupants for the owner of the premises.

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Eviction Process in Texas

If it is unlikely for the proprietor and the renter to come to an agreement, filing with the local court is required to resolve the issue.

  • Notify the Tenant about the Eviction

The proprietor is supposed to complete the paper in writing, depending on the type of breach committed by the lessee. This paper will serve as legal evidence that the tenant is informed about the allegation and has been given a limited period of time to vacate the rental property.

  • File a Suit

If the occupant has not reacted during the given period, failed to cure the nonpayment or noncompliance that had taken place, and did not quit the premises, the owner of the place possesses the right to seek the help of the legal authorities. Eviction is regulated by the Justice of the Peace Court. The proprietor will have to pay the appropriate fees.

  • Wait for the Tenant’s Response

After the plaintiff has filed for eviction, the tenant receives the right to reply, find a legal representative, and prepare to defend. He or she needs to respond by filling in a certain official form to be reviewed in court. The hearing date will be scheduled afterward.

  • Attend the Hearing

On the date of the hearing, the final judgment will be announced. If the court has decided in favor of the plaintiff, he or she will be issued the Writ of Possession and obtain a legal right to remove the tenant from the residential premises with the help of a sheriff.

Eviction Court Forms

  • Petition for Eviction from Residential Premises

This paper is completed by the landlord and submitted to the court in his or her local county to initiate legal eviction of the tenant.

  • Defendant’s Original Answer

It is used as an official reply of the tenant to the landlord’s allegations, notwithstanding his or her intention to defend or agree with the accusations.

  • Request for Writ of Possession

This paper is issued to the landlord in case the tenant continues to occupy the residential premises after the court has officially declared the necessity of eviction.

This paper authorizes the lessor to request a legal enforcement officer to remove the tenant from the rental property.

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Other Texas Forms

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Published: Jan 10, 2021
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.