Bexar County Notice To Vacate Form – Fill Out and Use This PDF

40-E-______________________________
__________________________________________	IN THE JUSTICE COURT
PLAINTIFF’S NAME	PRECINCT 4
	BEXAR COUNTY, TEXAS
__________________________________________ Ph#___________________
PLAINTIFF’S ADDRESS, CITY, STATE & ZIP
vs.
__________________________________________ & ALL OCCUPANTS
DEFENDANT’S NAME
COMPLAINT FOR FORCIBLE DETAINER

NOW COMES PLAINTIFF, as stated in the style hereof, COMPLAINING OF DEFENDANT, as stated in the style hereof, and for cause of action would respectfully show the court the following:

I.

Defendant is a resident of and the real property complained of is located in the precinct, county and state mentioned in the style hereof.

II.

Plaintiff, as landlord, leases to Defendant, as tenant, and Defendant hired from Plaintiff, the real property described below; Plaintiff was and is the owner of or has had under its management the said real property as of the date and is entitled to immediate possession of the following described premises and real property:

__________________________________________ SAN ANTONIO, BEXAR COUNTY, TEXAS 782_____

IF PROPERTY IS A MANUFACTURED/MOBILE HOME STATE NAME AND ADDRESS OF LIEN

HOLDER:_____________________________________________________________________________________________________

III.

The only home and work address of Defendant known to the undersigned is the address stated in II above and the following, if any, and the undersigned knows of no other home of work address of Defendant in Bexar County, Texas where citation may be served pursuant to Rules 742 and 742A, Texas Rules of Civil Procedure. WORK ADDRESS__________________________________________________

IV.

A written Notice to Vacate the premises was served on Defendant on or about___________________ said premises; but Defendant

willfully holds over and continues in possession of said premises without Plaintiff’s demanding the delivery of permission.

V.

Defendant failed to pay rent on the promises to the lease contract in the sum of $__________________ (excluding court costs) for which

suit is also brought, and other rent as it accrues. ( ) OTHER REASONS:

WHEREFORE, PREMISES CONSIDERED, PLAINTIFF PRAYS that Defendant be cited to appear as required by law that judgment for the restitution of said premises be awarded to Plaintiff, that plaintiff be awarded a Writ of Restitution for the herein described leased premises, that Plaintiff have Judgment for rent remaining unpaid as stated above herein; plus costs of said suit, and that Plaintiff have such other and further relief as Plaintiff shall be entitled.

THE STATE OF TEXAS, COUNTY OF BEXAR

BEFORE ME, the undersigned authority, on this day personally appeared ________________________, who being duly sworn on his

oath, deposes and says that he is the Plaintiff or his authorized agent in this cause, and as such is authorized and entitled to make this affidavit, and that he has read the above complaint and knows the contents thereof and that the facts herein stated are true and correct.

I have knowledge and upon information and belief, that the Respondent WAS______ WAS NOT______ in military service when

this suit was filed, has not been in military service at any time since then, and is not now in any military service of the United States of America.

__________________________________________________

PLAINTIFF or his AGENT

SUBSCRIBED AND SWORN BEFORE ME THIS _______DAY OF________________________20_______

_____________________________________________

NOTARY PUBLIC STATE OF TEXAS

AFFIDAVIT OF MILITARY STATUS OF DEFENDANT(S)

CAUSE NUMBER: ________________________

____________________________		IN THE JUSTICE COURT
	§
Vs.	§	PRECINCT FOUR
	§
____________________________		BEXAR COUNTY, TEXAS

My name is (please print) __________________________________________.

I am (check one)  the plaintiff or  an authorized agent of the plaintiff in the case described above. I am capable of making this affidavit. I have been duly sworn on oath and the facts in this affidavit are within my personal knowledge and are true and correct.

(Check or fill in as applicable)

1. No defendant in this case is on active military duty in the U.S. military (Army, Navy, Air Force, Marines or Coast Guard). The facts on which I base my conclusion are as follows ____________________________________

______________________________________________________________________________________________________________

______________________________________________________________________________________________________________

___________________________________________________________

2. Defendant (insert name(s)) _________________________________________________________________

_____________________________________________ is on active duty in the U.S. military.

3. Defendant (insert name(s)) __________________________________________________________________

___________________________________________ has been deployed by the U.S. military to a foreign country.

4. Plaintiff and the undersigned (if the undersigned is acting agent of plaintiff) are not able to determine whether any defendant is in the U.S. military – except for any defendant named in 2 above.

5. Plaintiff and the undersigned (if the undersigned is acting as an agent of plaintiff) are not able to determine whether any defendant who is in the U.S. military has been deployed to a foreign country – except for any defendant named in 3 above.

6. Defendant (insert names)) __________________________________________________________________

______________________________________________________________ has signed, while on active duty, a separate written waiver of his or her rights under the U.S. Service Members Civil Relief Act of 2003.

______________________________________

Affiant

Sworn to and subscribed before me on this the _________ day of _____________________________ 20_____.

____________________________________

Notary Public in and for the State of Texas