Texas Eviction (Forcible Detainer) Filing Checklist

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 (must also satisfy § 91.001 tenancy-termination requirements)
☐ Lease violation
☐ Forcible entry (squatter/trespasser with no lease — § 24.001; may use summary disposition, Part XII)
☐ Other: [________________________________]

II. Pre-Suit Notice Requirements (Texas Property Code § 24.005)

Two-Tier Notice (§ 24.005(a)) — NEW under SB 38

☐ Notice to Pay Rent or Vacate — REQUIRED when the eviction is based solely on nonpayment of rent AND the tenant was NOT late or delinquent in paying rent before the month the notice is given (a limited right to cure)
☐ Notice to Vacate — used when the tenant was previously late/delinquent, for a holdover, or for a non-monetary lease breach

Notice Content Requirements

☐ Written notice
☐ Tenant's name
☐ Property address
☐ Date by which tenant must pay (if applicable) or vacate
☐ Grounds for eviction

Notice Timing

☐ Minimum 3 days notice (unless the written lease provides a shorter or longer period)
☐ Lease requires different period: [____] days
☐ Compute under § 24.0042: exclude the triggering day; count weekends/holidays; if the last day is a Saturday, Sunday, or state/federal holiday, extend to the next business day

Date of Notice Service

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

Notice Delivery Methods (§ 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 (email/other), only if the parties agreed to it in writing
☐ (Method requirements do not apply if the tenant actually receives the notice — § 24.005(f-4))

CARES Act Overlay

☐ Is the property a "covered dwelling" (federally backed mortgage / covered federal program)? If yes, a 30-day notice applies to a nonpayment eviction (§ 24.005(c-1))

Proof of Notice

☐ Affidavit / certificate of delivery prepared
☐ Retained for filing with petition

III. Venue (§ 24.0041)

☐ File in the Justice Court of the precinct where the property is located (filing elsewhere requires dismissal — Rule 510.6(c))
☐ Property address: [________________________________]
☐ Precinct: [____]

IV. Filing the Petition

Petition Contents (§ 24.00505; Rule 510.6)

☐ Petition is SWORN
☐ Plaintiff (landlord) information
☐ Defendant (tenant) information — name all lease-obligated tenants residing at the premises to be evicted (Rule 510.6(d))
☐ Property description/address
☐ Facts and grounds for eviction
☐ Description of when and how notice was delivered
☐ Total rent due and unpaid at filing, if any
☐ For a solely-nonpayment case: whether the tenant was late/delinquent before the month notice was given (Rule 510.6(a)(11))
☐ Statement that attorney fees are sought, if applicable
☐ Prayer for possession
☐ (Forcible-entry cases only) whether a sworn motion for summary disposition is attached (Rule 510.6(a)(13))

Amount Limitations

☐ Rent and damages claimed: $[________________]
☐ Maximum $20,000 (excluding statutory interest and costs, including attorney fees) — Tex. Gov't Code § 27.031; Rule 510.1
☐ Attorney fees (if lease provides OR § 24.006(a) 10-day demand given)

Supporting Documents

☐ Copy of lease agreement
☐ Copy of notice (Pay Rent or Vacate / Notice to Vacate)
☐ Proof of delivery of notice
☐ Rent ledger (if claiming unpaid rent)

No Dismissal for Defective Petition

☐ 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)

V. Filing Fee

☐ Filing fee: Approximately $50-100 plus service fee (varies by county)
☐ Fee paid
☐ OR Statement of Inability to Afford Payment of Court Costs (Rule 510.7)

VI. Citation and Service (Rule 510.8; § 24.0051)

Citation Issued

☐ Citation issued immediately by the court on filing
☐ States the trial date and time (no earlier than 10th nor later than 21st day after filing)
☐ Includes jury-fee notice and required warnings

Service on Defendant

☐ Service 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 5th business day after filing (§ 24.0051)
☐ If not served, the landlord may request an alias citation for service by another trained law-enforcement officer (including an off-duty officer with identification)
☐ Service methods (Rule 510.8): personal delivery to the defendant, or alternative delivery to the premises by court order

Return of Service

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

VII. Trial (Rule 510.15)

Trial Timing

☐ No eviction trial may be held until 4 days have passed after service (Rule 510.15(b))
☐ Trial set no earlier than the 10th nor later than the 21st day after filing (§ 24.0051)
☐ Postponement limited to 7 days unless the parties agree in writing (Rule 510.13(b))

Before Trial

☐ Evidence organized: lease, notice, proof of delivery, rent records, photographs

Trial Procedure

☐ Both parties may present evidence
☐ Either party may demand a jury — written demand at least 3 days before trial (or 3 days after service, whichever is later) plus jury fee (Rule 510.15(c); 510.8(a)(12))
☐ Judge/jury determines the right to actual possession only (not title; no counterclaims — § 24.004(c); Rule 510.1(a))

Possible Outcomes

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

VIII. Judgment and Writ of Possession (Rule 510.18)

If Landlord Wins

☐ Judgment for possession entered
☐ Judgment for rent/damages (if proven)
☐ Appeal deadline: 5 days after the judgment is signed

Writ of Possession (Rule 510.18; § 24.0061)

☐ No writ may issue before the 6th day after the judgment for possession is signed (or the day after the appeal deadline, whichever is later)
☐ Writ 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
☐ Unless tenant perfects an appeal (and pays rent into registry in a residential case), which stops the writ
☐ Writ issued to constable/sheriff; officer must serve by the 5th business day after issuance (§ 24.0061)

IX. Appeal Process (Rule 510.19–510.23; § 24.005107)

Right to Appeal

☐ 5 days from the signed judgment to appeal to County Court (§ 24.005107(a))
☐ Appeal perfected by appeal bond, cash deposit, or 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 (Rule 510.19(a))
☐ County court holds trial de novo no later than the 21st day after the record is delivered (§ 24.005107(c); Rule 510.20)

Possession Pending Appeal (residential)

☐ To remain in possession, a residential tenant must pay the rent set in the judgment into the court registry — first payment within 5 days of filing the appeal (§ 24.0053; Rule 510.19)
☐ Each subsequent rental period paid as it comes due
☐ Failure to pay may result in a writ of possession

Landlord's Appeal

☐ Landlord may appeal an adverse judgment on the same 5-day deadline

X. Writ of Possession Execution

After Appeal Period (or Appeal Not Perfected)

☐ Request writ of possession from court (no earlier than the 6th day after judgment)
☐ Pay writ fee (if applicable)
☐ Writ delivered to constable/sheriff

Constable Procedures (§ 24.0061)

☐ Constable posts a 24-hour written warning on the property before execution
☐ Constable removes tenant and belongings
☐ Landlord may change locks after removal

Tenant's Property

☐ Personal property removed under the writ may be delivered to a bonded warehouseman for storage under § 24.0062
☐ Texas provides no general statutory "right of redemption" after a judgment for possession

XI. Rent Claims with Eviction

If Claiming Unpaid Rent

☐ Amount within $20,000 limit (excluding interest and costs, including attorney fees)
☐ 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 — Forcible Entry ("Squatter") Cases Only (§ 24.005106; Rule 510.10)

Expedited Procedure (eff. Jan. 1, 2026; forcible entry and detainer only, NOT ordinary nonpayment/holdover)

☐ Sworn petition alleging forcible entry and detainer
☐ Sworn motion for summary disposition filed with or attached to the petition
☐ Court may render judgment without trial if the motion shows no genuinely disputed facts
☐ Tenant/occupant may file a fact-supported response by the 4th day after service
☐ If a genuinely disputed fact exists, the case is set for trial

XIII. Special Situations

Commercial Evictions

☐ Different lease terms may apply
☐ Check commercial lease provisions (Property Code Chapter 93)

Government-Subsidized Housing

☐ Additional notice and "good cause" requirements may apply
☐ Check HUD/USDA/LIHTC regulations; CARES Act 30-day notice for covered dwellings

Manufactured (Mobile) Homes

☐ Manufactured Home Tenancies — Property Code Chapter 94 may apply

XIV. Quality Control Checklist

Before Filing

☐ Correct notice type (Pay Rent or Vacate vs. Notice to Vacate) served
☐ Notice period expired (computed under § 24.0042)
☐ Correct precinct/venue
☐ Petition is sworn and contains all Rule 510.6 information
☐ Filing fee ready

Before Trial

☐ Service completed and return filed
☐ Evidence organized
☐ Prepared to testify

After Judgment

☐ Wait 5-day appeal period / 6-day writ window
☐ 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
• SB 38, 89th Leg., R.S. (2025), ch. 960 (eff. Jan. 1, 2026): https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB38
• Supreme Court of Texas, Misc. Docket No. 25-9105 (Rule 510 rewrite): https://www.txcourts.gov/media/1461822/259105.pdf
• Texas Justice Court Training Center: https://www.tjctc.org
• FindLaw, Tex. Prop. Code § 24.005 (current as of Jan. 1, 2026): https://codes.findlaw.com/tx/property-code/prop-sect-24-005/

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]