SWORN PETITION FOR WRIT OF RESTORATION OF UTILITY SERVICE
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NO. _________________
_______________________,
Plaintiff,
v.
_______________________,
Defendant.
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JUSTICE OF THE PEACE COURT
PRECINCT NO. _____, PLC. ______
EL PASO COUNTY, TEXAS
PLAINTIFF’S PETITION FOR EX PARTE WRIT OF RESTORATION OF UTILITY
SERVICE UNDER TEXAS PROPERTY CODE § 92.0091
TO THE HONORABLE JUDGE OF THIS COURT:
1. Plaintiff, _____________________ (name), files this sworn petition against
___________________________ (Defendant’s name), Defendant, and respectfully shows that Court
the following:
2. Plaintiff resides at __________________________________ (street address), in the
City of ________________(city), Texas, _____(zip), located within Justice Precinct ___, Place ____
of El Paso County, Texas.
3. Per Tex. Prop. Code §92.003, Defendant may be served at
_____________________________________________ (Defendant’s home or work address), or
_____________________________________________ (Defendant’s property management
company’s address), or __________________________________________ (Defendant’s on-site
property manager’s address or rent collector’s address). Plaintiff requests that citation be issued and
Defendant be personally served at the address listed in this paragraph. If necessary, alternative service
is requested under Tex. R. Civ. P. 742a.
4. The events described in this petition took place within the jurisdiction of this Justice
Court precinct.
FACTS
5. Plaintiff, as tenant, on or about ____________________ (date of rental agreement),
leased the above described premises from Defendant, as landlord. The lease was _______________
SWORN PETITION FOR WRIT OF RESTORATION OF UTILITY SERVICE
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(oral / written). The lease is currently in effect.
5. On __________________ (date of utility interruption), the Defendant unlawfully
caused the interruption of Plaintiff’s __________________________ (the disabled utility: water /
gas / electricity) service by:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________ (Defendant’s actions).
Defendant has acted in bad faith in Defendant’s attempt to keep Plaintiff from having the disabled
utility available to the unit.
6. Attempts by Plaintiff to resolve these issues have been unsuccessful. Plaintiff has
attempted to resolve these issues by ________________________________________________, but
Defendant has not restored utility service to the rental unit.
CAUSE OF ACTION
Violation of Texas Property Code §92.008 et seq.
7. Defendant violated Section 92.008 et seq. of the Property Code by causing the
interruption of utilities to Plaintiff’s rental unit.
8. Plaintiff requests that the Court issue a Writ of Restoration of Utility Service that
entitles Plaintiff to immediate and temporary restoration of the disconnected utility service as
permitted by section 92.0091(c) of the Texas Property Code.
REQUEST FOR RELIEF
9. Plaintiff requests that the Court find Defendant liable, and grant Plaintiff the
following relief from Defendant:
a. an Ex Parte Writ of Restoration of Utility Service under Texas Property Code
92.0091 ordering Defendant to immediately reconnect the disabled utility service;
b. that said Writ of Restoration of Utility Service be served on Defendant in accordance
with law;
c. that Defendant be prohibited from interfering with Plaintiff’s peaceful possession of
SWORN PETITION FOR WRIT OF RESTORATION OF UTILITY SERVICE
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the premises;
d. that all court costs be assessed against Defendant;
e. and for such other relief as Plaintiff may be lawfully entitled until such time proper
notice and hearing is held before this Court.
Respectfully Submitted,
____________________________________
Signature
____________________________________
Printed Name
____________________________________
Address
____________________________________
Phone Number (Daytime)
SWORN PETITION FOR WRIT OF RESTORATION OF UTILITY SERVICE
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UNSWORN DECLARATION UNDER
§132.001 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE
My name is , my date of birth is ,
(First) (Middle) (Last)
and my address is , , , ,
(Street) (City) (State) (Zip Code)
. I declare under penalty of perjury that the foregoing is true and correct.
(Country)
Executed in County, State of Texas, on the day of
, 20 .
(Month) (Year)
DECLARANT