Texas Eviction (Forcible Detainer) Filing Checklist

Court: Justice Court, Precinct [____]

County: [________________________________], Texas

Case Number: [________________________________]

Plaintiff (Landlord): [________________________________]

Defendant (Tenant): [________________________________]

Property Address: [________________________________]

Filing Attorney/Representative: [________________________________]

Date Prepared: [__/__/____]

I. Grounds for Eviction

Common Grounds (Texas Property Code § 24.002)

☐ Nonpayment of rent
☐ Holdover after lease expiration
☐ Lease violation
☐ Other: [________________________________]

II. Notice to Vacate Requirements (Texas Property Code § 24.005)

Notice Content Requirements

☐ Written notice to vacate
☐ Tenant's name
☐ Property address
☐ Date by which tenant must vacate
☐ Reason for eviction (if required by lease)

Notice Timing

☐ Minimum 3 days notice (unless lease provides different period)
☐ Lease requires different period: [____] days
☐ Notice period can be shortened or lengthened by lease

Date of Notice Service

☐ Notice served: [__/__/____]
☐ Notice period ends: [__/__/____]
☐ Lawsuit may be filed after: [__/__/____]

Notice Delivery Methods (Texas Property Code § 24.005)

☐ Personal delivery to tenant
☐ Personal delivery to anyone 16+ at premises AND mail
☐ Affixed to inside of main entry door AND mail (if personal fails)
☐ Certified mail, return receipt requested (if landlord has no on-site management)

Proof of Notice

☐ Affidavit of service of notice prepared
☐ Retained for filing with petition

III. Venue

☐ Justice Court in precinct where property is located
☐ Property address: [________________________________]
☐ Precinct: [____]

IV. Filing the Petition

Petition Contents (TRCP 510.3)

☐ Plaintiff (landlord) information
☐ Defendant (tenant) information
☐ Property description/address
☐ Facts establishing right to possession
☐ Description of notice to vacate
☐ Date notice served
☐ Statement that notice period expired
☐ Prayer for possession
☐ Prayer for rent and damages (if seeking)
☐ Verification/oath

Amount Limitations

☐ Rent and damages claimed: $[________________]
☐ Maximum $20,000 (excluding interest and costs)
☐ Attorney fees (if lease provides)

Supporting Documents

☐ Copy of lease agreement
☐ Copy of notice to vacate
☐ Proof of service of notice
☐ Rent ledger (if claiming unpaid rent)

V. Filing Fee

☐ Filing fee: Approximately $50-100 (varies by county)
☐ Fee paid
☐ OR Statement of Inability to Afford Payment

VI. Citation and Service (TRCP 510.4)

Citation Issued

☐ Citation issued by clerk
☐ States hearing date and time

Hearing Timing

☐ Hearing must be 6-21 days after petition filed
☐ Hearing date: [__/__/____]
☐ Hearing time: [________________________________]

Service on Defendant

☐ Service by constable, sheriff, or authorized person
☐ Service at least 6 days before hearing
☐ Service methods:
☐ Personal delivery to defendant
☐ Delivery to person 16+ at residence AND mail
☐ Affix to door AND mail (if others fail)

Return of Service

☐ Return filed with court
☐ Shows date and manner of service

VII. Hearing

Before Hearing

☐ Evidence organized
☐ Lease agreement
☐ Notice to vacate
☐ Proof of notice service
☐ Rent records
☐ Photographs (if relevant)

Hearing Procedure (TRCP 510.7)

☐ Both parties may present evidence
☐ Either party may request jury (fee applies)
☐ Judge/jury determines right to possession

Possible Outcomes

☐ Judgment for plaintiff (landlord)
☐ Judgment for defendant (tenant)
☐ Judgment may include rent and damages

VIII. Judgment and Possession

If Landlord Wins

☐ Judgment for possession entered
☐ Judgment for rent/damages (if proven)
☐ Wait period for appeal: 5 days

Writ of Possession (TRCP 510.8)

☐ Landlord may request writ after 5 days
☐ Unless tenant posts appeal bond
☐ Writ issued to constable/sheriff
☐ Constable executes writ (removes tenant)

IX. Appeal Process (TRCP 510.9-510.13)

Tenant's Right to Appeal

☐ 5 days from judgment to appeal to County Court
☐ Bond required (typically one month's rent or as set by court)
☐ Trial de novo in County Court

Appeal Bond Requirements

☐ Supersedeas bond stops writ of possession
☐ Bond amount: [________________]
☐ Tenant must pay rent as it comes due during appeal

Landlord's Appeal

☐ Landlord may appeal adverse judgment
☐ Same 5-day deadline

X. Writ of Possession Execution

After Appeal Period (or Bond Not Posted)

☐ Request writ of possession from court
☐ Pay writ fee (if applicable)
☐ Writ delivered to constable/sheriff

Constable Procedures

☐ Constable posts 24-hour notice on property
☐ Constable removes tenant and belongings
☐ Landlord may change locks after removal

Tenant's Property

☐ Tenant may retrieve personal property
☐ Landlord must store/allow retrieval per property code
☐ Follow Texas Property Code § 24.0061 for abandoned property

XI. Rent Claims with Eviction

If Claiming Unpaid Rent

☐ Amount within $20,000 limit
☐ Itemized rent owed
☐ Supporting documentation

If Rent Exceeds Limit

☐ Cannot recover excess in justice court
☐ May file separate suit in appropriate court

XII. Summary Disposition (Texas Property Code § 24.0051)

New Expedited Procedure (Effective 2026 for some suits)

☐ Sworn petition with supporting facts
☐ Motion for summary disposition attached
☐ Court may grant without trial if:
☐ No genuine issue of material fact
☐ Landlord entitled to judgment as a matter of law
☐ Tenant may respond within 7 days

XIII. Special Situations

Commercial Evictions

☐ Different lease terms may apply
☐ Check commercial lease provisions

Government-Subsidized Housing

☐ Additional notice requirements may apply
☐ Specific grounds required
☐ Check HUD regulations

Mobile Homes

☐ Different rules may apply
☐ Check Property Code Chapter 94

XIV. Quality Control Checklist

Before Filing

☐ Proper notice served
☐ Notice period expired
☐ Correct precinct/venue
☐ All required information in petition
☐ Filing fee ready

Before Hearing

☐ Service completed
☐ Evidence organized
☐ Prepared to testify

After Judgment

☐ Wait 5-day appeal period
☐ Request writ of possession (if needed)

XV. Document Tracking Log

XVI. Key Deadlines

Sources and References

• Texas Property Code Chapter 24: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.24.htm
• Texas Justice Court Training Center: https://www.tjctc.org
• TRCP Rule 510: Texas Rules of Civil Procedure

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]