Fillable PLAINTIFF v. PRECINCT NO. ONE (Denton County, Texas)

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PLAINTIFF v. PRECINCT NO. ONE (Denton County, Texas)

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BROWSE DENTON COUNTY, TEXAS (TX) FORMS

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CAUSE NO. ____________________
_____________________________ § IN THE JUSTICE COURT
PLAINTIFF §
§
v. § PRECINCT NO. ONE
§
______________________________ §
DEFENDANT § DENTON COUNTY, TEXAS
PETITION: EVICTION CASE
COMPLAINT: Plaintiff hereby sues the following Defendant(s) named above for eviction of
Plaintiff’s premises (including storerooms and parking areas) located in the above precinct.
The address of the property is:
_________________________________________________________________________________________________________
Street Address Unit No. (if any) City State Zip
GROUNDS FOR EVICTION: Plaintiff alleges the following grounds for eviction:
⧠ Unpaid rent. Defendant(s) failed to pay rent for the following time period(s):
___________________________________________. The amount of rent claimed as of the
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.
⧠ Other lease violations. Defendant(s) breached the terms of the lease (other
than by failing to pay rent) as follows: _____________________________________________
_________________________________________________________________________________________
⧠ Holdover. Defendant(s) are unlawfully holding over by failing to vacate at the
end of the rental term or renewal of extension period, which was the _____ day
of ________________, 20___.
NOTICE TO VACATE: Plaintiff has given Defendant(s) a written notice to vacate (according
to Chapter 24.005 of the Texas Property Code) and demand for possession. Such notice was
delivered on the ______ day of ______________, 20___ by this method: ______________________________
_________________________________________________________________________________________________________
SUIT FOR RENT: Plaintiff ⧠ does or ⧠ does not include a suit for unpaid rent.
ATTORNEY'S FEES: Plaintiff ⧠ will be or ⧠ will not be seeking applicable attorney's fees.
The attorney's name, address, phone and fax numbers are: ______________________________________
_________________________________________________________________________________________________________
IMMEDIATE POSSESSION BOND: If Plaintiff has filed a bond for immediate possession,
Plaintiff requests that: (1) the Court set the amount of the bond; (2) the Court approve the
bond; and (3) proper notices, as required by the Texas Rules of Civil Procedure, are given to
Defendant(s).
SERVICE OF CITATION: Service is requested on Defendant(s) by: personal service at home
or work, or by delivery to a person over the age of 16 years at Defendant’s usual place of
residence. If required, Plaintiff requests alternative service as allowed by the Texas Rules of
Civil Procedure. Other home or work addresses where Defendant(s) may be served
are:____________________________________________________________________________________________________
_________________________________________________________________________________________________________
________________________________________________________________________________________________________.
Plaintiff knows of no other home or work addresses of Defendant(s) in this county.
RELIEF: Plaintiff requests that Defendant(s) is served with the citation and that Plaintiff is
awarded a judgment against Defendant(s) for: possession of the premises, including removal
of Defendant(s) and Defendant’s 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
lease, or if not so stated, at the statutory rate for judgments.
⧠ I hereby request a jury trial. The fee is $22 and must be paid at least 3 days before trial.
⧠ I hereby consent for the answer and any other motions or pleadings to be sent to my email
address as follows:________________________________________________________________________________.
⧠ I hereby incorporate by reference the attached Verification of Compliance with Sections
4023 and 4024 of the CARES Act, CDC Eviction Moratorium Order, and Eviction Diversion
Program.
__________________________________________________ ________________________________________________
Plaintiff’s Printed Name Signature of Plaintiff or Agent or Attorney
Defendant’s Information (if known): ________________________________________________
Date of birth: __________________________________ Address of Plaintiff or Agent or Attorney
Last three digits of Driver License:__________
Last three digits of Soc. Sec. No.:_____________ ________________________________________________
Phone No.:_____________________________________ City State Zip
________________________________________________
Phone & Fax No. of Plaintiff
or Agent or Attorney
SWORN TO AND SUBSCRIBED before me this _______ day of ________________________, 20_______
_______________________________________________________
CLERK OF THE JUSTICE COURT OR NOTARY
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Page 1 of 3
CAUSE NO. _________________________
__________________________________
§
PLAINTIFF
§
§
v.
§
PRECINCT NO. ONE
§
___________________________________
§
DEFENDANT
§
DENTON COUNTY, TEXAS
VERIFICATON OF COMPLIANCE WITH SECTION 4024 OF THE CARES ACT AND THE CDC
ISSUED FEDERAL EVICTION MORATORIUM ORDER
My name is:___________________________________________________________________________________________________.
First Middle Last
I am (check one) the Plaintiff or an authorized agent of the Plaintiff in the eviction
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.
1. Verification:
a. Plaintiff is seeking to recover possession of the following property:
_______________________________________________________________________________________________________
Name of Apartment Complex (if any)
_______________________________________________________________________________________________________
Street Address & Unit No. (if any) City County State ZIP
b. I verify that this property (select the one that applies): □ is □ is not
a “covered dwelling” as defined by Section 4024(a)(1) of the CARES Act. The facts on which I
base my conclusion are as follows:
(Please identify whether the property has a federally backed mortgage loan or federally backed
multifamily mortgage loan, and if not, which database or information you have used to
determine that fact. If the property does not have a federally backed mortgage loan or federally
backed multifamily mortgage loan, please state whether or not: (1) the property is a Low
Income Housing Tax Credit (LIHTC) property, (2) the property is federally subsidized under any
HUD program, or (3) the property leases to persons with Section 8 vouchers.)
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Page 2 of 3
c. I verify that I have reviewed the information about the Texas Eviction Diversion Program,
found at www.txcourts.gov/eviction-diversion
.
d. I verify that the premises (select the one that applies): □ is □ is not
a property securing an FHA-insured Single Family mortgage.
e. I verify that plaintiff (select the one that applies):
□ has provided the defendant with 30 days’ notice to vacate as required under Section
4024(c) and 4023(e) of the CARES Act.
□ has not provided the 30 days’ notice, because the property is not a “covered dwelling.”
f. I certify that the plaintiff: □ has □ has not
received a CDC Sworn Declaration from the tenant stating that they are a “covered person”
under the CDC issued Federal Eviction Moratorium Order. Any landlord proceeding with a
nonpayment eviction of a “covered person” despite receiving a Declaration can be fined up to
$100,000 under federal law, with enhanced penalties, including jail, if a death occurs.
2. Declaration or Notary: Complete only one of the two following sections:
a. Declaration: I declare under penalty of perjury that everything in this verification is true
and correct. My name is :__________________________________________________________________________
First Middle Last
My birthdate is: _______/______/_________
Month Day Year
My address is:
_________________________________________________________________________________________________________
Street Address & Unit No. (if any) City County State ZIP
Signed on __________/______/__________ in ___________________________________ County, Texas.
Month Day Year
____________________________________________________
Your Signature
OR
b. Notary: I declare under penalty of perjury that everything in this verification is true and
correct
______________________________________________ ____________________________________________________
Your Printed Name Your Signature (sign only before a notary)
Sworn to and subscribed before me this ____________ day of _____________________, 20_______.
_____________________________________________________
CLERK OF THE COURT OR NOTARY
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Page 3 of 3
CARES Act
Public Law 116-136
Sec. 4024 TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) DEFINITIONS.—In this section:
(1) COVERED DWELLING.— The term “covered dwelling” means a dwelling that—
(A) is occupied by a tenant—
(i) pursuant to a residential lease; or
(ii) without a lease or with a lease terminable under State law; and
(B) is on or in a covered property.
(2) COVERED PROPERTY.—The term “covered property” means any property that—
(A) participates in—
(i) a covered housing program (as defined in section 41411(a) of the Violence Against
Women Act of 1994 (34 U.S.C. 12491(a))); or
(ii) the rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r); or
(B) has a—
(i) Federally backed mortgage loan; or (ii) Federally backed multifamily mortgage loan.
(3) DWELLING.—The term “dwelling”—
(A) has the meaning given the term in section 802 of the Fair Housing Act (42 U.S.C. 3602); and (B) includes houses and
dwellings described in section 803(b) of such Act (42 U.S.C. 3603(b)).
(4) FEDERALLY BACKED MORTGAGE LOAN.—The term “Federally backed mortgage loan” includes any loan (other than
temporary financing such as a construction loan) that —
(A) is secured by a first or subordinate lien on residential real property (including individual units of condominiums and
cooperatives) designed principally for the occupancy of from 1 to 4 families, including any such secured loan, the proceeds
of which are used to prepay or pay off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way by any officer or agency of the
Federal Government or under or in connection with a housing or urban development program administered by the
Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or
agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage
Association.
(5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—The term “Federally backed multifamily mortgage loan” includes
any loan (other than temporary financing such as a construction loan) that—
(A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5
or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan
secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the
Federal Government or under or in connection with a housing or urban development program administered by the
Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or
agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage
Association.
(b) MORATORIUM.—During the 120-day period beginning on the date of enactment of this Act, the lessor of a covered dwelling
may not-
(1) make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the
covered dwelling from the tenant for nonpayment of rent or other fees or charges; or
(2) charge fees, penalties, or other charges to the tenant related to such nonpayment of rent.
(c) NOTICE.—The lessor of a covered dwelling unit-
(1) may not require the tenant to vacate the covered dwelling unit before the date that is 30 days after the date on which the
lessor provides the tenant with a notice to vacate; and
(2) may not issue a notice to vacate under paragraph (1) until after the expiration of the period described in subsection (b).
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PLAINTIFF v. PRECINCT NO. ONE (Denton County, Texas)

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Completed 21 January 2021

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