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PLAINTIFFS ORIGINAL / AMENDED PETITION FOR EVICTION (Travis County Information Technology Services)

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COVID-19 ORIGINAL / AMENDED PETITION FOR EVICTION Page 1 of 2
Cause No. _____________ Hearing set for at _ AM/PM
PLAINTIFF’S ORIGINAL / AMENDED PETITION FOR EVICTION
In the Justice Court, Precinct _______, Travis County, Texas
TO THE HONORABLE JUDGE OF THE COURT:
PLAINTIFF (S) ________ ____ _________________________
[ ] AGENT [ ] ATTORNEY ____ PH __________________
ADDRESS ________ CITY ____________________ ZIP _____
By checking this box, I give my consent for the answer and any other motions or pleadings
to be sent to me at this email address: ________________________________________________
DEFENDANT (S) ______________________________
The Travis County Justices of the Peace require the plaintiff/landlord to include the
last known phone number and email address (if known to the plaintiff/landlord) of the
defendant(s)/tenant(s). If no known phone number of the defendant(s)/tenant(s) is known
to the plaintiff/landlord then plaintiff/landlord must affirmatively state in the sworn
pleading that no phone number is known.
HOME ADDRESS CITY ZIP
WORK ADDRESS CITY ZIP
(REQUIRED IF KNOWN) E-MAIL ADDRESS _________________________________________________
(REQUIRED IF KNOWN) PHONE # ________________________________
I affirm no phone number is known for defendant(s) /tenant(s.)
1. This is a lawsuit to evict a tenant who
leases the property located at .
This property is within Justice Court Precinct _____ of Travis County.
The Owner/Landlord is .
2. The Defendant(s) rented this property on or about and still
holds the property. The lease is: [ ] Written (copy on file with Court) [ ] Oral
The Plaintiff claims the Defendant(s) should be evicted because:
[ ] 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___.
COVID-19 ORIGINAL / AMENDED PETITION FOR EVICTION Page 2 of 2
3. Written notice to vacate and demand for possession was given on (date)
in the following manner and a copy is attached [ ]
4. The rent is $ per month and is due on the of each month.
(Amount paid by Tenant_______________ Amount paid by Government Agency )
5. ATTORNEY'S FEES: Plaintiff [ ] will be or [ ] will NOT be seeking applicable attorney's
fees. Attorney's name, address, and phone & fax numbers
are:_____________________________________________________________________________________
_________________________________________________________________________________________
THE COURT IS ASKED TO EVICT THE DEFENDANT(S) AND ORDER DEFENDANT(S) TO:
[ ] Pay rent owed in the amount of $ _______ plus all rents accruing through the
date of judgment
[ ] Pay court costs
[ ] Pay reasonable attorney’s fees
I have attached the Affidavit titled “Verification of Compliance with Local, State,
and Federal Eviction Requirements” to this petition.
Failure to submit verification of compliance with local, state, and federal eviction
Requirements may prevent a judgment from being issued.
Plaintiff’s Signature Authorized Attorney/Agent Signature
Said Plaintiff (or his agent or attorney), being duly sworn by me, the undersigned
authority, upon oath says that the facts as stated in the above instrument are, within the
knowledge of said affiant, true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME, this ____ day of _______________, 20___to certify which;
witness my hand and seal of office.
______ ___
Notary Public in and for the State of Texas Civil Court Clerk, JP ______
[ ] Certified Mail [ ] Regular Mail
[ ] Delivery in Person [ ] Other – Explain ____________________________________
_______________________________________________
Updated 11-15-21 Page 1 of 4
CAUSE NO. _________________________
__________________________________ § JUSTICE OF THE PEACE
PLAINTIFF §
§
v. § PRECINCT NO. ___________
§
___________________________________ §
DEFENDANT § TRAVIS COUNTY, TEXAS
VERIFICATION OF COMPLIANCE WITH LOCAL, STATE, AND FEDERAL EVICTION REQUIREMENTS
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.)
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
c. I verify that the premises (select the one that applies): is is not a property securing an
FHA-insured Single Family mortgage.
d. 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) of the CARES Act. A copy of the notice is attached to the petition for eviction.
☐ has not provided the 30 days’ notice, because the property is not a “covered dwelling.”
Updated 11-15-21 Page 2 of 4
e. I verify that at the time of filing the petition for eviction (check all that apply)
“Rental Assistance Remedies” means the rental assistance programs: Texas Rent Relief Program by the
State, Travis County Emergency Rental Assistance Program (ERAP), or City of Austin’s Relief of
Emergency Needs for Tenants (RENT). “Exhausted” means that all applications for all available Rental
Assistance Remedies have been denied or are still pending after 45 days from the date of application.
☐ The landlord has a pending application for Rental Assistance Remedies
☐ The landlord has exhausted all available Rental Assistance Remedies
☐ Either the landlord or tenant is not eligible for any Rental Assistance Remedies
☐ The premises are subject to a homestead exemption and the name on the homestead exemption
matches the plaintiff/landlord’s name
☐ I have provided the last known phone number and email address (if known to the
plaintiff/landlord) of the defendant(s)/tenant(s) on the petition for eviction; or
☐ I affirm no phone number is known for defendant(s) /tenant(s.)
f. I verify that the premises (check all that apply)
☐ are in the City of Austin and the grounds for eviction are for non-payment of rent. A “Notice of
Proposed Eviction” was given prior to the issuance of a notice to vacate consistent with the
Austin municipal ordinance and a copy of this notice, along with the notice to vacate, are
attached to the petition for eviction
☐ are in the City of Austin but no “Notice of Proposed Eviction” was required
☐ are not in the City of Austin
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
Plaintiff must serve this affidavit to all other parties (including Defendant(s)) in accordance with
TRCP 501.4.
Updated 11-15-21 Page 3 of 4
CERTIFICATE OF SERVICE
I certify that a copy of this document was provided to all other parties (including Defendant(s)) via the
following method(s) (check all that apply):
___ First Class Mail to: ____________________________________________________________________Date: _____________________
___ Certified Mail, Return Receipt Requested to: __________________________________________________________________
CMRRR Number: ________________________________________________________________ Date: _____________________
___ Email to: ______________________________________________________________________________ Date: _____________________
___ Fax to: (__________) ____________ - ____________________ Date: _____________________
___ Hand Delivery to: (name) ____________________________________________________________Date: _____________________
___ Other (explain): _______________________________________________________________________Date: _____________________
________________________________________
Print Name
________________________________________
Signature
Updated 11-15-21 Page 4 of 4
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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PLAINTIFFS ORIGINAL AMENDED PETITION FOR EVICTION (Travis County Information Technology Services)

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Completed 5 January 2022

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