Fillable Defendants Answer Eviction (TexasLawHelp)

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Defendants Answer Eviction (TexasLawHelp)

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Defendant’s Answer – Eviction
This toolkit tells tenants how to file an Answer in an eviction case.
Forms are included.
You can use this form to file an Answer if you have received an Eviction Citation
with a hearing date.
This packet was developed by TexasLawHelp.org in collaboration with Texas RioGrande Legal Aid and
Legal Aid of Northwest Texas.
Do not file this page.
CV-House-102 Civil Answer (Eviction) (Rev. 11-2020) Do not file this page.
© TexasLawHelp.org
Instructions for Eviction Answer
▢ Step 1: Caption – Fill out the Cause No., Plaintiff, Defendant, Precinct No., and County
blanks at the top exactly as they appear in the citation that the court sent you.
▢ Step 2: Defenses – Check the applicable boxes, if any:
a. CDC Halt on Evictions – The CDC issued an order to halt evictions for nonpayment of
rent through the end of 2020. You must give your landlord a signed document that
says you meet the CDC’s requirements in order get the protections. See
TexasLawHelp’s CDC Eviction Moratorium article for forms and information.
Check this box if you truthfully signed the CDC Declaration and gave it to your
landlord. You may give your landlord the declaration at any time, even after your
landlord has filed for eviction.
b. CARES Act – The CARES Act says that landlords of certain properties cannot give
tenants a Notice to Vacate for unpaid rent until July 25, 2020. After July 25, landlords
of covered properties must give a 30-Day Notice to Vacate before filing for eviction.
Check this box if you live on a covered property and any of the following apply:
• The landlord gave you a Notice to Vacate or filed an eviction for nonpayment
between March 27 and July 25,
• The landlord did not give you a 30-Day Notice to Vacate, or
• The landlord gave you a 30-Day Notice to Vacate (at any time) but filed for
eviction before the 30 days ended.
Covered Properties: Go to the National Low Income
Housing Coalition for a list of
properties that fall under Section 4024 the CARES Act. There is also a map from
BASTA, Texas RioGrande Legal Aid, and Texas Housers here. Note that the list and
map are not
complete. If you check the list and the map and are still unsure whether
you live on a covered property, go to the TexasLawHelp COVID Evictions page.
c. Twenty-fifth Emergency Order Petition Requirements – The Supreme Court of Texas
made an emergency
order that requires landlords to include certain things in their
Petition for Eviction. Check this box if the Petition was filed after March 27, 2020 and
any of the following four things apply:
i. Covered Dwelling – Check this box if the Petition does not say whether your
home is a “covered dwelling” subject to Section 4024 of the CARES Act.
ii. Multifamily Borrower – Check this box if the Petition does not say
whether the landlord is a “multifamily borrower” under forbearance
subject to Section 4023 of the CARES Act.
CV-House-102 Civil Answer (Eviction) (Rev. 11-2020) Do not file this page.
© TexasLawHelp.org
iii. CARES Act Notice to Vacate – Check this box if the Petition does not say
whether the landlord gave you a 30-Day Notice to Vacate under Sections
4024(c) and 4023(e) of the CARES Act. (Not all cases require 30 days’
notice. Many only require three days’ notice. However, your landlord
must still say whether they gave you 30 days’ notice.)
iv. Signed CDC Declaration – Check this box if the Petition does not say
whether you gave the landlord a signed CDC Declaration. The Petition
must say this even if you did not give the landlord a signed CDC
Declaration.
d. Twenty-eighth Emergency Order Petition Requirements – The Supreme Court of Texas
made an emergency
order that requires landlords to say in the eviction that they
have reviewed information about something called the Texas Eviction Diversion
Program. You can find information about the program on the State Court Website,
TexasLawHelp, or the Stop TX Eviction Tool.
Check this box if the petition was filed after September 25, 2020 and does not say that
the Petitioner reviewed information about the Texas Eviction Diversion Program.
e. Local Halt on Evictions – Some cities and counties have halted evictions
independently. Be aware
of your local rules before checking this box. You can find
these rules on your city
or county website, or they may be listed on the
TexasLawHelp COVID Evictions page. If possible, enter the name of the city or county
that made the
rule.
f. Texas Notice to Vacate – Texas law requires all landlords to give tenants a Notice to
Vacate at least three days before filing for eviction. Check this box if you never
got a
Notice to Vacate or the filing date on your eviction citation is less than three days
after you received a Notice to Vacate.
Note: This is separate from the 30-Day CARES Act Notice to Vacate above.
g. Notice of CDC Order – Check this box if the citation the court sent you did not
contain the following language:
“The Centers for Disease Control issued an order stopping some
evictions. You may be able to stop your eviction if you sign the attached
Declaration under Penalty of Perjury for the Centers for Disease Control
and Prevention’s Temporary Halt in Evictions to Prevent Further Spread
of COVID-19 and provide it to your landlord and the court. Before signing
the Declaration, read it carefully and make sure all the statements are
true. The Declaration is sworn, meaning you can be prosecuted, go to jail,
or pay a fine if any of the statements are not true. Find out more about
CV-House-102 Civil Answer (Eviction) (Rev. 11-2020) Do not file this page.
© TexasLawHelp.org
the order at TexasLawHelp.org.”
h. Blank Copy of CDC Declaration – Check this box if the citation the court sent you did
not have a blank copy of the CDC Declaration attached.
i. Notice of Possible Eviction – Some local governments are temporarily requiring
landlords to give you an extra written notice and an opportunity to pay missed rent
before giving you a Notice to Vacate for unpaid rent. (The Notice to Vacate
is what
they are supposed to give you right before they file for eviction.) Be
aware of your
local rules before checking this box. You can find these rules on your city or county
website, or they may be listed on the TexasLawHelp.org
COVID Evictions page. If
possible, enter the name of the city or county that made
the rule.
▢ Step 3: Further Information – You may list any further defenses or information that
you think the court should know about.
▢ Step 4: Jury Trial – Check this box if you want a jury to decide your case instead of a
judge. Be aware that there is a fee for this.
▢ Step 5: Email – Check this box if you agree to get case information through email.
▢ Step 6: Attachments – If your explanations do not fit in the form, feel free to add an
attachment. You can also attach other evidence, such as a copy of the lease, evidence
that the CARES Act applies, etc. List the title of each attachment.
For example:
“Signed CDC Declaration”
▢ Step 7: Signature and Contact Information – Sign and fill out your contact information.
▢ Step 8: Service – Give a copy of the Answer to the Plaintiff or the Plaintiff’s attorney, if
they have one. You can give them a copy by hand, mail, or fax. If you and the Plaintiff
agree, you can email them a copy.
▢ Step 9: Certificate of Service – Enter the date on which you sent a copy of the Answer
to the Plaintiff. Check the method you used.
▢ Step 10: Sign – Sign the Certificate of Service.
▢ Step 11: File – File the completed Answer with the court.
▢ Step 12: Hearing – Go to the court hearing. If you absolutely cannot show up to the
hearing, file a Motion for Continuance to ask for another date. You must have a very
good reason to move the court date. The court does not have to give you a new court
CV-House-102 Civil Answer (Eviction) (Rev. 11-2020) Do not file this page.
© TexasLawHelp.org
date just because you ask. Note that having to work is not usually an acceptable reason.
CV-House-102 Civil Answer (Eviction) (Rev. 11-2020) Page 1 of 3
© TexasLawHelp.org
Cause No. ____________________
_____________________________ § In the Justice Court
Plaintiff §
§
v. § Precinct No. _____________________
§
______________________________ §
Defendant § ____________________ County, Texas
Defendant’s Answer (Eviction)
The Defendant, ________________________________, submits this Answer.
General Denial: The Defendant generally denies all of the Plaintiff’s allegations and demands that
Plaintiff prove each allegation.
Affirmative Defenses: Based on information and belief, the Defendant asserts that:
⧠ CDC Halt on Evictions: The Plaintiff is prohibited from taking action to evict the Defendant per
the September 1, 2020 CDC Order to Temporary Halt Evictions to Prevent Further Spread of
COVID-19, and the Defendant presented the Plaintiff with a signed declaration to that effect;
⧠ CARES Act: the Plaintiff did not provide 30 days’ notice of this action under Section 4024 of the
CARES Act;
⧠ Twenty-fifth Emergency Order Petition Requirements: the Plaintiff’s sworn petition fails to
state one or more of the following, as required by the September 17, 2020 Supreme Court of
Texas Twenty-fifth Emergency Order (check all that apply):
⧠ Covered Dwelling: the Plaintiff fails to state whether the premises is a “covered
dwelling” subject to Section 4024 of the CARES Act;
⧠ Multifamily Borrower: the Plaintiff fails to state whether they are a “multifamily
borrower” under forbearance subject to Section 4023 of the CARES Act;
⧠ CARES Act Notice to Vacate: the Plaintiff fails to state whether they have provided the
defendant with 30 days’ notice to vacate under Sections 4024(c) and 4023(e) of the
CARES Act;
⧠ Signed CDC Declaration: the Plaintiff fails to state whether the tenant gave them a
signed Centers for Disease Control Declaration;
⧠ Twenty-eighth Emergency Order Petition Requirement: the Plaintiff’s sworn petition fails to
state that the Plaintiff has reviewed the information about the Texas Eviction Diversion Program
as required by the November 9, 2020 Supreme Court of Texas Twenty-eighth Emergency Order;
⧠ Local Halt on Evictions: this action is prohibited by local rule or ordinance of ________________
(city or county) (only applicable in some jurisdictions);
⧠ Texas Notice to Vacate: the Plaintiff has not given the Defendant proper Notice to Vacate as
required by Section 24.005 of the Texas Property Code;
CV-House-102 Civil Answer (Eviction) (Rev. 11-2020) Page 2 of 3
© TexasLawHelp.org
⧠ Notice of CDC Order: the citation issued per Texas Rule of Civil Procedure 510.4(a) failed to
include notice of the Centers for Disease Control’s Temporary Halt on Evictions as required by
the Supreme Court of Texas Twenty-fifth Emergency Order;
⧠ Blank Copy of CDC Declaration: the citation issued per Texas Rule of Civil Procedure 510.4(a)
failed to include a Centers for Disease Control Declaration form as required by the Supreme
Court of Texas Twenty-fifth Emergency Order; and
⧠ Notice of Possible Eviction: the Defendant has not received proper Notice of Possible Eviction
prior to receiving a Notice to Vacate, as required by local rule or ordinance of _______________
(city or county) (only applicable in some jurisdictions).
⧠ Further Information: The Defendant further answers as follows (give any other defenses or
necessary information, if any, and attach additional pages if necessary):
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
⧠ Jury Trial: The Defendant asks for a jury trial. The fee is $22 and must be paid at least 3 days before
trial.
⧠ Email Service: The Defendant agrees to email service for all documents filed in this case. The
Defendant’s email address is: _______________________________________________________.
⧠ Attachments: The Defendant attaches the following documents:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Plea for Relief: The Defendant asks the Court to enter judgment for Defendant, award the Defendant’s
costs, and provide such other just relief to which Defendant is entitled.
Respectfully submitted,
____________________________________________________
Defendant Signature
Printed Name: ________________________________________
Address: _____________________________________________
____________________________________________________
Telephone: __________________________________________
Email: _______________________________________________
CV-House-102 Civil Answer (Eviction) (Rev. 11-2020) Page 3 of 3
© TexasLawHelp.org
CERTIFICATE OF SERVICE
I hereby certify that I served a copy of this Answer to the Plaintiff on the _____ day of
______________________, 20_____, pursuant to Texas Rule of Civil Procedure 501.4 by:
Hand delivery
Mail
Fax
Email (if both parties have agreed in writing and provided email addresses)
Another method approved by the court: ______________________________________
_______________________________________
Defendant’s Signature
_______________________________________
Signature Date
20
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Completed 19 December 2020

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