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EVICTION INSTRUCTIONS (PLEASE READ CAREFULLY) (Brazos County, Texas)

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EVICTION INSTRUCTIONS (PLEASE READ CAREFULLY)
You are strongly encouraged to read the new Rules of Civil Procedure. There are
numerous changes to the eviction laws, such as Bond for Immediate Possession and other
provisions.
• T
he timeline for the hearing date is slightly different (Rule 510.4 (10))
• The rules for Bond of Possession have changed (Rule 510.5)
• Writ of Possession EXPIRES after 60 days (used to be indefinite) (Rule 510.8 (d)(1)
• Appeal rules have been modified under Rule 510.9
1. Evictions must be filed in the proper Justice of the Peace Court. Checks or Money
Orders are accepted. Cash must be for the exact amount only. Your property must be
properly marked with the physical address assigned by the 911 emergency address
system or the Appraisal District. If your property is not clearly marked, the Constable
may return the eviction citation unserved, and you will have to start over. Location
number can be posted by numbers on the building property or by numbers located on
a sign posted in front of the property.
C
hapter 24 of the Texas Property Code requires that an eviction suit MUST be filed in the
county and precinct where the property is located. If an eviction suit is not filed in th
e
a
ppropriate precinct, the case will be dismissed. You will not be entitled to a refund of
filing fees and/or service fees.
2. By law, you must give a NOTICE TO VACATE before you can file an EVICTION SUIT.
The landlord must give the tenant at least 3 days written notice to vacate before
filing this eviction, unless the lease signed by both parties states otherwise. The NOTICE
TO VACATE must be in writing and comply with Section 24.005 of the Texas Property
Code, which is found at http://www.statutes.legis.state.tx.us/Search.aspx.
A defective
NOTICE TO VACATE can result in DISMISSAL of your Eviction.
3. MOBILE HOME CASES: If you are seeking an eviction based on late rent payments for a
MOBILE HOME LOT (tenant owns mobile home, you lease then them lot), you are
required by law to give the Tenant a ten-day NOTICE TO CURE before you can file an
eviction (SEC. 94.206, Texas Property Code). Without the NOTICE TO CURE, your case
will be dismissed. If they do not cure the problem after the ten-day notice, you then
give them a three day NOTICE TO VACATE. Texas Law contains specific rules regarding
Mobile Homes. You can locate these laws on the Texas Property Code website,
http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.94.htm.
4. Court cost for filing an eviction on one tenant is $146.00. Section 510.2 of the NEW
Texas Rules of Civil Procedure states “The plaintiff must name as defendants all tenants
obligated under the lease residing at the premises. You can ONLY get a judgment against
the defendant served. If you wish to have a judgment against two parties, then you
MUST pay for service and have both parties served. This is an additional $100.00 per
defendant.
5. ATTORNEY’S FEES: to be eligible to recover attorney’s fees in an eviction suite, a notice
to vacate must be served by a process server, personally with a witness, or by return
receipt requested certified mail ten days prior to the date the suit is filed.
6. WHO MAY FILE: The owner of the owner’s agent may file any type of forcible detainer
suit, and he may represent the owner in the hearing.
7. JOINING A SUIT FOR RENT: A suit for rent may be joined with the eviction suit, if
the amount due is within the jurisdiction of this court. ($10,000.00). Any damages, late
charges, utilities, or other charges may not be included in this action; HOWEVER, The
owner or the owner’s attorney may file suit for these amounts in a separate action
filed in either Justice Civil or Small Claims Court.
8. PROCEDURES AFTER FILING: At the time the suit is filed, a hearing date will be set at
l
east 10 days out but no more than 21 days from the filing date. A citation will be issued
to the Constable’s Office to be served on the tenant giving them the date and time of
the hearing.
9. THE HEARING: You are required to appear personally for the hearing. Proper
representation is essential (as per item #5 above). At the court hearing, both sides will
have the right to present their side of the case, including witnesses, receipts, cancelled
checks, photographs, and all other evidence. You will need to bring all evidence with yo
u
t
o Court. The burden of proof lies with you as plaintiff. You must show the Court good
and sufficient evidence proving your right to regain possession of the property. You
must still prove your case even if the defendant fails to appear.
10. JUDGMENT: At the hearing, a judgment will be rendered for either the plaintiff or
the defendant. A judgment for the plaintiff may be for all or part of the initial claim. If
you are awarded a judgment for possession of the premises and/or any back rent owed
there is a 6 day appeal period in which the defendant may appeal the decision to the
County Court. If the Defendant has not appealed the case at the end of the appeal
period, judgment becomes final.
Upon final judgment, you may then file for a Writ of Possession if the defendant has still
not vacated the premises. A writ of possession has a court fee of $130.00. This is a
writ that authorizes the Constable to supervise while the Plaintiff removes the
property from the premises. You may wish to contact the Constable at 979-361-4477 for
more information on writs of possession.
Every Eviction Suit must include these documents:
• Sworn Complaint for Eviction
• Notice to Vacate
• Lease
• Service Members Civil Relief Affidavit
•
•
Certificate of Last Known Address
Civil Process Additional Information Sheet
THIS OFFICE MAY NOT GIVE ANY LEGAL ADVICE
CAUSE NO. ___________________________
____________________________________________________________Plaintiff § IN THE JUSTICE COURT
VS. § PRECINCT ___ PLACE ___
____________________________________________________________Defendant(s) § BRAZOS COUNTY, TEXAS
SWORN COMPLAINT FOR EVICTION □WITH SUIT FOR RENT
COMPLAINT: Plaintiff (Landlord) hereby complains of the Defendant(s) named above for eviction of Plaintiff’s premises (including storerooms
and parking areas) located in the above precinct. Address of the property is:
________________________________________________________________________________________________________________
Street Address Unit No. (If any) City Zip
SERVICE OF CITATION: Service is requested on Defendant(s) by personal service at home or work or by alternative service as allowed by
the Texas Justice Court Rules of Court. Other service of papers address/addresses (if knows) are:
_____________________________________________________________________________________________________________
UNPAID RENT AS GROUNDS FOR EVICTION: Defendant(s) failed to pay rent for the following time period(s):
__________________________________________. TOTAL DELINQUENT RENT AS OF DATE OF FILING IS: $____________________
Plaintiff reserves the right to orally amend the amount at trial to include rent due from the date of filing through the date of trial.
Rental Subsidy (if any) $__________, Tenant’s Portion $__________, TOTAL MONTHLY RENT $__________, Daily rent $ ___________.
1. OTHER GROUNDS FOR EVICTION/LEASE VIOLATIONS: Lease Violations (if other than non-paid rent – list lease violations)
__________________________________________________________________________________________________________
2. HOLDOVER AS GROUNDS FOR EVICTION: Defendant(s) are unlawfully holding over since failing to vacate at the end of the rental
term or renewal of extension period, which was the ________________ day of _______________________, 20_____.
3. NOTICE TO VACATE: Plaintiff has given Defendant(s) written notice to vacate (Chapter 24.005 Texas Property Code) and Demand for
Possession. Such notice was delivered on the _________ day of ______________ delivered by this method:
___________________ __________________________________________________________________________________________
4. ATTORNEY'S FEES: Plaintiff will be or will NOT be seeking applicable attorney's fees. Attorney's name, address, phone & fax
numbers are:___________________________________________________________________________________________________
5. BOND FOR POSSESSION: If Plaintiff will file a bond for possession, Plaintiff requests (1) the amount of Plaintiff's bond and
Defendant's counter bond be set, (2) that Plaintiff's bond be approved by the Court, and (3) that proper notices as required by the Texas
Justice Court Rules are given to Defendant(s).
REQUEST FOR JUDGMENT: Plaintiff prays that Defendant(s) be served with citation and that Plaintiff have judgment against Defendant(s) for:
possession of premises, including removal of Defendant(s) and Defendants’ possessions from the premises, unpaid rent IF set forth above,
attorney’s fees, court costs, and interest on the above sums at the rate stated in the rental contract, or if not so stated, at the statutory rate for
judgments under Civil Statutes Article 5069-1.05.
I consent for the answer and any other motions or pleadings to be sent to my email address which is:
_________________________________________________________________________________________________________.
__________________________________________ ____________________________________________________
Petitioner's Printed Name Signature of Plaintiff (Landlord/Property Owner) or Agent
____________________________________________________
DEFENDANT(S) INFORMATION (if known): Address of Plaintiff (Landlord/Property Owner) or Agent
DATE OF BIRTH:_________________________________ ____________________________________________________
*LAST 3 NUMBERS OF DRIVER LICENSE:______________ City State Zip
*LAST 3 NUMBERS OF SOCIAL SECURITY:_____________ ____________________________________________________
DEFENDANT’S PHONE NUMBER:____________________ Phone & Fax No. of Plaintiff (Landlord/Property Owner)or agent
Sworn to and subscribed before me this ____ day of ________________, 20___. ________________________________________________
JP Evict. Petition. Rev.08/2013 CLERK OF THE JUSTICE COURT OR NOTARY
Ca
use No.
In the Justice Court, Precinct Two, County of Brazos, Texas
vs.
Plaintiff(s)
Defendant(s)
AFFIDAVIT OF MILITARY STATUS OF DEFENDANT(S)
Before me the undersigned notary or clerk of the justice court, on this day personally appeared the undersigned affiant whose identity
is known to me. After I administered an oath to such affiant, he or she upon oath and under penalty of perjury (fine and/or up to one
year in jail), stated the following:
M
y name is (please print) ______________________________________________________________________
I am (check one) the plaintiff or an authorized agent of the plaintiff in the case described at the top of this page.
I am capable of making this affidavit. The facts stated in the 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 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 undersi
defendant is with the U.S. military-except for any defendant named in paragraph 2 above.
5. P
laintiff 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
paragraph 3 above.
6. Defendant [insert name(s)] has signed, while on active duty, a separate
written waiver or a written lease containing a waiver of his or her rights under the U.S. Servicemembers Civil Relief
Act of 2003.
____
____________________________________________
Signature of affiant
SWORN TO and SUBSCRIBED before me by on the day of
, 20_________.
________________________________________________
(check one)
Notary Public for the State of Texas or
Clerk of the Justice Court
Cause ________________________
__________________________ In the Justice Court
Plaintiff
Vs Precinct Two
__________________________
Defendant Brazos County, Texas
Certificate of Last Known Mailing Address
The undersigned, ___________________________, does hereby certify that the last
known address of Defendant, __________________________ , is as follows:
___________________________________
___________________________________
___________________________________
__________________________________
Signature
Sworn to and subscribed before me on the _____ day of ______________, 20_____.
___________________________________
Notary Public
Donald Lampo
Brazos County Constable Pct. 2
Civil Process Additional Information Cause #
In order to expedite service and for the safety of our Deputies, we ask that you answer the following questions to the
best of your ability.
1. Have you witnessed any “abnormal” behavior?
2. Have you known, or known of, the Respondent being violent with anyone?
3. Have you been verbally or physically assaulted by the Respondent?
4. Known of an occasion where the Respondent has, or brandishes a weapon of any kind?
(Please note if the weapon was a firearm, knife, or club or some other weapon.)
5. Does respondent have any dogs known to be aggressive?
6. Are you aware of any mental or emotional issues that the Respondent may have?
7. Are you aware of any police related calls regarding the Respondent?
8. Are there any other issues you think might be important for the Deputies to know?
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EVICTION INSTRUCTIONS (PLEASE READ CAREFULLY) (Brazos County, Texas)

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Completed 30 January 2022

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