Texas Eviction Petition (Forcible Detainer — Justice Court)

PETITION: EVICTION CASE — FORCIBLE DETAINER (TEXAS JUSTICE COURT)

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Property Description
5. Tenancy and Lease
6. Grounds for Eviction
7. Notice to Vacate
8. Holdover and Refusal to Surrender Possession
9. Rent and Other Charges Owed
10. Attorney's Fees Predicate
11. Government Subsidy / VAWA / SCRA Statements
12. Prayer for Relief
13. Verification
14. Signature and Service Block
15. Certificate of Service
16. Texas Practice Notes
17. Sources and References

1. CAPTION

JUSTICE COURT, PRECINCT NO. [____], PLACE [____]

[COUNTY] COUNTY, TEXAS

CAUSE NO. [________________________________]

SWORN PETITION FOR FORCIBLE DETAINER (EVICTION)

Plaintiff, complaining of Defendant(s), files this Sworn Petition for Forcible Detainer pursuant to Tex. Prop. Code § 24.002 and Tex. R. Civ. P. 510, and respectfully shows the Court as follows:

2. PARTIES

2.1. Plaintiff [LANDLORD NAME] ("Landlord") is a [INDIVIDUAL / CORPORATION / LLC / LP / TRUST] with its principal place of business / residence at [ADDRESS].

2.2. Defendant [TENANT NAME] ("Tenant") is an individual residing at the Premises (defined below) and may be served at that address pursuant to Tex. R. Civ. P. 510.8.

2.3. Defendant "All Other Occupants" includes any other tenant, occupant, or person residing at the Premises whose name is unknown to Plaintiff. If the eviction is based on a written residential lease, Plaintiff has named all tenants obligated under the lease and residing at the Premises whom Plaintiff seeks to evict. Tex. R. Civ. P. 510.6(d).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over the present action pursuant to Tex. Gov't Code § 27.031(a)(2) and Tex. Prop. Code § 24.004, which vest original jurisdiction over forcible-detainer actions in the Justice of the Peace of the precinct where the premises is located. The Court adjudicates only the right to actual possession (and any joined claim for unpaid rent not exceeding $20,000.00, excluding statutory interest and costs but including attorney's fees); it may not decide title, and counterclaims and joinder of third parties are not permitted (§ 24.004(c); Tex. R. Civ. P. 510.1(a)).

3.2. Venue is proper in Precinct No. [____], Place [____], [COUNTY] County, Texas, pursuant to Tex. Prop. Code § 24.0041 and Tex. R. Civ. P. 510.6(c), because the Premises is located within this precinct. Filing in the wrong precinct requires dismissal.

3.3. The amount in controversy and damages claimed are within the jurisdictional limits of this Court.

4. PROPERTY DESCRIPTION

4.1. The premises that is the subject of this action (the "Premises") is described as:

[STREET ADDRESS]

[UNIT/APT NUMBER]

[CITY, TEXAS, ZIP]

[COUNTY] County, Texas

4.2. Plaintiff is the:

• ☐ Owner of record
• ☐ Authorized property manager / agent of the owner of record
• ☐ Successor-in-interest by [ASSIGNMENT / FORECLOSURE / DEED] dated [__/__/____]

5. TENANCY AND LEASE

5.1. On or about [__/__/____], the parties entered into a:

• ☐ Written residential lease ("Lease"), a true and correct copy of which is attached as Exhibit B
• ☐ Oral rental agreement
• ☐ Tenancy at will / sufferance

5.2. The Lease provides for monthly rent of $[AMOUNT], due on the [____] day of each month, with a late fee of $[AMOUNT] applicable after the [____] day of the month.

5.3. The Lease term is:

• ☐ A fixed term ending [__/__/____], currently held over month-to-month under § [____] of the Lease.
• ☐ Month-to-month from inception.
• ☐ Other: [DESCRIBE].

6. GROUNDS FOR EVICTION

6.1. Plaintiff seeks possession of the Premises on the following grounds (check all that apply):

• ☐ Nonpayment of rent. Tenant has failed to pay rent due under the Lease in the amount of $[____].
• ☐ Holdover after termination of lease term. The Lease ended by its own terms on [__/__/____] and Tenant continues in possession without right.
• ☐ Holdover after § 91.001 termination of periodic tenancy. Plaintiff terminated the month-to-month tenancy by notice given [__/__/____], effective [__/__/____], and Tenant has held over.
• ☐ Material lease violation. Tenant has materially breached Section [____] of the Lease by [DESCRIBE BREACH], and the breach was not cured within the period required by the Lease.
• ☐ Other: [DESCRIBE].

6.2. First-instance nonpayment (Rule 510.6(a)(11)). If the eviction is based solely on nonpayment of rent, Plaintiff states whether Tenant was late or delinquent in paying rent before the month in which the notice was given:

• ☐ Tenant was NOT late or delinquent before that month (a Notice to Pay Rent or Vacate was required and given — see Section 7).
• ☐ Tenant WAS previously late or delinquent (a Notice to Vacate was permitted).
• ☐ Not applicable (eviction is not based solely on nonpayment of rent).

6.3. Statement of facts.

[FACTUAL NARRATIVE — DATES, AMOUNTS, INCIDENTS, COMMUNICATIONS. KEEP TO PRECISE FACTS. AVOID LEGAL ARGUMENT. INCLUDE EXACT DOLLAR AMOUNTS AND CALENDAR DATES.]

7. NOTICE TO VACATE

7.1. Plaintiff served on Tenant the written [Notice to Pay Rent or Vacate / Notice to Vacate] dated [__/__/____], demanding that Tenant pay or vacate the Premises by [__/__/____], in accordance with Tex. Prop. Code § 24.005. A true and correct copy of the Notice, with proof of service, is attached as Exhibit A.

7.2. The Notice was delivered by the following method authorized by § 24.005(f-3):

• ☐ Regular, registered, or certified mail (or a commercial delivery service) to the Premises
• ☐ Delivery to the inside of the Premises in a conspicuous place
• ☐ Hand delivery to a tenant of the Premises 16 years of age or older
• ☐ Electronic communication (including email), where the parties agreed to it in writing

7.3. The applicable notice period was:

• ☐ Three (3) days, the statutory minimum under § 24.005(a)
• ☐ [____] days, as specified in Section [____] of the Lease
• ☐ Thirty (30) days, applicable to a foreclosure-purchase eviction of a residential tenant current on rent under § 24.005(b)

7.4. The notice period, computed under § 24.0042 (exclude the day of the triggering event; count Saturdays, Sundays, and holidays; if the last day is a Saturday, Sunday, or state or federal holiday, extend to the next business day), has fully elapsed. Tenant has failed and refused to pay or vacate the Premises.

8. HOLDOVER AND REFUSAL TO SURRENDER POSSESSION

8.1. Despite the expiration of the Notice, Tenant remains in possession of the Premises without right.

8.2. Plaintiff has demanded that Tenant surrender possession, and Tenant has refused.

8.3. Plaintiff is entitled to immediate possession of the Premises pursuant to Tex. Prop. Code § 24.002.

9. RENT AND OTHER CHARGES OWED

9.1. Tenant is indebted to Plaintiff in the following amounts as of the date of filing:

9.2. Plaintiff seeks judgment for the total amount of unpaid rent and lawful charges, together with rent that may accrue between the date of filing and the date of judgment. The total amount of rent due and unpaid does not exceed $20,000.00, excluding statutory interest and court costs but including attorney's fees (Tex. R. Civ. P. 510.1(a)).

10. ATTORNEY'S FEES PREDICATE

10.1. Plaintiff is entitled to recover reasonable attorney's fees from Tenant pursuant to (check applicable):

• ☐ Tex. Prop. Code § 24.006(a)–(b): Plaintiff served a written demand to vacate and pay rent on Tenant by registered or certified mail, return receipt requested, at least ten (10) days before filing this Petition, advising Tenant that if Tenant did not vacate or pay the rent within ten (10) days, attorney's fees would be sought. A true and correct copy of the § 24.006 demand is attached as Exhibit C.
• ☐ Section [____] of the written Lease, which expressly authorizes recovery of attorney's fees by the prevailing party.

10.2. Plaintiff seeks reasonable attorney's fees in the amount of $[____], plus additional fees for any appeal.

11. GOVERNMENT SUBSIDY / VAWA / SCRA STATEMENTS

11.1. The tenancy is:

• ☐ NOT a government-subsidized tenancy
• ☐ A Section 8 / HUD-assisted tenancy (HUD Form 5037 / 5037-A predicate notice attached as Exhibit D)
• ☐ A Low-Income Housing Tax Credit (LIHTC) tenancy with "good cause" eviction protections satisfied
• ☐ A USDA Rural Development tenancy

11.2. CARES Act. The Premises [☐ is / ☐ is not] a "covered dwelling" under the CARES Act (15 U.S.C. § 9058). If covered, the federal 30-day notice-to-vacate requirement applies to a nonpayment eviction, and no writ of possession may be served on Tenant until the time between delivery of the notice and service of the writ equals or exceeds the federal period (Tex. Prop. Code § 24.005(c-1)).

11.3. VAWA. If the Premises are housing assisted under a covered housing program, Plaintiff certifies that this eviction is not based on protected victim status or qualifying incidents of domestic violence, dating violence, sexual assault, or stalking against the Tenant in violation of 34 U.S.C. § 12491.

11.4. SCRA. Plaintiff has made reasonable inquiry and states that, to the best of Plaintiff's knowledge, Tenant [IS / IS NOT] an active-duty servicemember entitled to the protections of the Servicemembers Civil Relief Act, 50 U.S.C. § 3931. [Attach DOD SCRA database printout if applicable.]

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

• A. Cite Defendant(s) to appear and answer this Petition as required by law;
• B. Set this matter for trial no earlier than the tenth (10th) nor later than the twenty-first (21st) day after the filing of this Petition, and no earlier than the fourth (4th) day after Defendant is served (Tex. Prop. Code § 24.0051; Tex. R. Civ. P. 510.15);
• C. Render judgment for Plaintiff and against Defendant(s) for IMMEDIATE POSSESSION of the Premises;
• D. Render judgment for Plaintiff for past-due rent and other lawful charges in the amount of $[____], together with rent accruing through judgment;
• E. Award Plaintiff reasonable attorney's fees under Tex. Prop. Code § 24.006 and/or the Lease in the amount of $[____];
• F. Award Plaintiff court costs and post-judgment interest at the legal rate;
• G. Issue a Writ of Possession in accordance with Tex. Prop. Code § 24.0061 and Tex. R. Civ. P. 510.18 no earlier than the sixth (6th) day after the judgment for possession is signed (or the day following the appeal deadline, whichever is later); and
• H. Grant such other and further relief, at law or in equity, as the Court deems just and proper.

13. VERIFICATION

STATE OF TEXAS

COUNTY OF [COUNTY]

Before me, the undersigned authority, on this day personally appeared [NAME OF AFFIANT], who, being by me duly sworn, deposed and stated that he/she is the [Plaintiff / authorized agent of Plaintiff] in the foregoing Sworn Petition for Forcible Detainer; that he/she has read the foregoing Petition; and that every statement contained therein is, within his/her personal knowledge, true and correct.

[________________________________]

[NAME OF AFFIANT]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — State of Texas

(My Commission Expires: [_______________])

14. SIGNATURE AND SERVICE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Texas State Bar No. [####]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, TX ZIP]

Telephone: [NUMBER]

Fax: [NUMBER]

Email: [EMAIL]

15. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [_______________], 20[____], a true and correct copy of the foregoing Sworn Petition was filed with the Court for issuance and service of citation upon Defendant(s) in accordance with Tex. R. Civ. P. 510.8 by sheriff, constable, or other authorized person, and that copies were served on counsel of record (if any) by [E-FILE / EMAIL / MAIL].

[________________________________]

[ATTORNEY NAME]

16. TEXAS PRACTICE NOTES

• SB 38 / Rule 510 rewrite (effective Jan. 1, 2026). Property Code Chapter 24 was substantially amended and Rule 510 was rewritten as the sole, standalone rule governing eviction cases; general justice-court Rules 500–507 no longer apply (Tex. R. Civ. P. 510.1). These changes govern any eviction lawsuit filed on or after January 1, 2026; suits filed earlier remain governed by prior law.
• Two-tier pre-suit notice (§ 24.005(a)). A first-instance nonpayment (tenant not late/delinquent before the month the notice is given) requires a Notice to Pay Rent or Vacate (a limited right to cure). A repeat nonpayment, holdover, or other breach may use an ordinary Notice to Vacate. Baseline period is at least three (3) days unless the written lease provides a shorter or longer period. Holdover cases must also satisfy the tenancy-termination requirements of § 91.001.
• Notice delivery (§ 24.005(f-3), (f-4)). Deliver by mail (regular, registered, or certified) or delivery service; delivery to the inside of the premises in a conspicuous place; hand delivery to a tenant 16 or older; or email if the parties agreed in writing. These method requirements do not apply if the tenant actually receives the notice.
• Use the OCA form. The Texas Office of Court Administration and the Texas Justice Court Training Center publish a standardized "Petition: Eviction Case" form updated for SB 38. Many JP courts require it. The narrative blocks in this template feed directly into the OCA form fields.
• Filing fee. Filing fees and service fees vary by precinct. As of 2026, total cost typically runs $80–$155, including JP filing and constable service. Confirm with the precinct clerk.
• Venue. § 24.0041 and Rule 510.6(c): the petition must be filed in the precinct where the premises is located; filing elsewhere requires dismissal. Verify the precinct before filing using the county's online JP precinct map.
• Sworn petition; no dismissal if amendable. The petition must be sworn and contain the contents required by Rule 510.6 (§ 24.00505). A court may not dismiss a petition that meets, or can be amended to meet, the Rule 510.6 requirements (§ 24.00506; Rule 510.6(g), 510.24).
• Citation and service. Rule 510.8: citation issues immediately upon filing; service is by sheriff, constable, JBCC-certified process server, or a person authorized by court order. A sheriff or constable must make a diligent effort to serve by the fifth (5th) business day after filing; if not served, the landlord may request an alias citation for service by another trained law-enforcement officer, including an off-duty officer with appropriate identification (§ 24.0051).
• Trial setting. § 24.0051 and Rule 510.15: trial is set no earlier than the 10th nor later than the 21st day after filing, and no eviction trial may be held until 4 days have passed after service. Postponement is limited to seven (7) days unless the parties agree in writing (Rule 510.13(b)).
• Jury demand. Either party may demand a jury by written request filed at least three (3) days before the trial date (or 3 days after service, whichever is later) and payment of the jury fee (Tex. R. Civ. P. 510.15(c); 510.8(a)(12)). The general justice-court jury rules (Rule 504) do not apply to eviction cases.
• Summary disposition (forcible-entry / "squatter" cases). In a suit alleging forcible entry and detainer, the landlord may file a sworn motion for summary disposition with the sworn petition; if it shows no genuinely disputed facts, the court may render judgment without trial unless the defendant files a fact-supported response by the 4th day after service (§ 24.005106; Rule 510.10). An ordinary nonpayment/holdover case is tried in the normal course.
• Money judgment limit. A claim for unpaid rent may be joined only if it does not exceed $20,000.00 (excluding statutory interest and costs but including attorney's fees) (Tex. Gov't Code § 27.031; Rule 510.1). Property damage and other contract claims must be brought separately.
• Writ of possession. § 24.0061 and Rule 510.18: a writ may not issue before the sixth (6th) day after the judgment for possession is signed (or the day after the appeal deadline, whichever is later), may not issue more than 60 days after judgment (90 days for good cause), and may not be executed after the 90th day. Issuance is a ministerial act; the officer must post a 24-hour written warning before executing the writ.
• Appeal. Either party may appeal to county court within five (5) days after the judgment is signed by filing an appeal bond, cash deposit, or a Statement of Inability to Afford Payment of Court Costs; a tenant who appeals must affirm, under penalty of perjury, a good-faith belief in a meritorious defense and that the appeal is not for delay (§ 24.005107; Rule 510.19). The county court holds a trial de novo no later than the 21st day after the record is delivered (§ 24.005107(c); Rule 510.20). To remain in possession pending appeal of a residential eviction, the tenant must pay the rent set in the judgment into the court registry — the first payment within five (5) days of filing the appeal (§ 24.0053; Rule 510.19). A county-court judgment may be further appealed on possession only for residential premises and only on a supersedeas bond filed within 10 days (§ 24.007).
• Counterclaims prohibited. The JP court adjudicates only the right to actual possession, not title; counterclaims and third-party joinder are not permitted (§ 24.004(c); Rule 510.1(a)).
• Attorney's fees predicate. § 24.006(a)–(b): a prevailing landlord may recover attorney's fees only if (i) the lease provides for them OR (ii) landlord served a registered/certified-mail demand at least ten (10) days before filing notifying the tenant of the fee claim. Plead and attach.
• Affidavit of Military Status. Most JP courts require a separate Servicemembers Civil Relief Act affidavit before granting default. Attach a DOD SCRA database printout.

17. SOURCES AND REFERENCES

• Tex. Prop. Code Ch. 24 (Forcible Entry and Detainer) — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.24.htm
• Tex. Prop. Code § 91.001 — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.91.htm
• SB 38, 89th Leg., R.S. (2025), ch. 960 (eff. Jan. 1, 2026) — https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB38
• Tex. R. Civ. P. 510 (Eviction Cases; rewritten per Misc. Docket 25-9105) — https://www.txcourts.gov/rules-forms/rules-standards/
• Supreme Court of Texas, Misc. Docket No. 25-9105 — https://www.txcourts.gov/media/1461822/259105.pdf
• Texas Justice Court Training Center, Eviction Deskbook — https://www.tjctc.org/tjctc-resources/forms.html
• Texas State Law Library, "The Eviction Process" — https://guides.sll.texas.gov/landlord-tenant-law/eviction-process
• FindLaw, Tex. Prop. Code § 24.005 (current as of Jan. 1, 2026) — https://codes.findlaw.com/tx/property-code/prop-sect-24-005/
• FindLaw, Tex. Prop. Code § 24.007 — https://codes.findlaw.com/tx/property-code/prop-sect-24-007/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Texas must review and customize this document before filing. Laws, citations, and rules change frequently; verify all authorities before use.