REPAIR AND REMEDY CASES
INSTRUCTIONS AND INFORMATION REGARDING FILING SUIT
(PLEASE READ CAREFULLY BEFORE COMPLETING THE PETITION)
REPAIR AND REMEDY: A repair and remedy case is a lawsuit filed by a residential tenant under Chapter 92,
Subchapter B of the Texas Property Code to enforce the landlord’s duty to repair or remedy a condition
materially affecting the physical health or safety of an ordinary tenant. The relief sought cannot exceed
$10,000.00 excluding statutory interest and court costs but including attorney fees, if any.
LANDLORD’S LIABILITY: A landlord is liable to a tenant to repair or remedy if
1. The tenant has given the landlord proper notice of condition;
2. The condition materially affects the physical health or safety of an ordinary tenant;
3. The tenant has given subsequent written notice to repair or remedy;
4. The landlord has had reasonable time to correct the situation;
5. The landlord has not made and effort to repair or remedy the condition;
6. The tenant was not delinquent in payment of rent at the time notice was given to landlord.
FILING SUIT: Every Repair and Remedy suit must include these documents along with a filing and service fee of
$146.00 payable in the form of cash (exact amount), cashiers check, money order or credit card:
Petition for Repair & Remedy
Notices to Repair and/or Remedy
Lease
Service Members Civil Relief Affidavit
Certificate of Last Known Address
Civil Process Additional Information Sheet
CITATION: A citation will immediately issue directing the landlord to appear for a trial date, which is no less
than 10 days and no more than 21 days from date the petition is filed. The citation must be served at least 6
days before trial date.
HEARING: The tenant must appear to present his case. If he doesn’t appear, the Judge may dismiss the case.
If the landlord doesn’t appear and was served, the Judge may hear evidence and render judgment.
JUDGMENT: The judgment must be clear and explicit and may include reduction of rent, actual damages,
penalty, costs, and attorney fees.
APPEAL: Either party may appeal the judgment within 21 days from the date the judgment is signed.
The laws governing Repair and Remedy can be found in Chapter 92 of the TEXAS PROPERTY CODE and Rule
509 of the TEXAS RULES OF CIVIL PROCEDURE.
If you have further questions regarding procedures, you may contact our Civil Clerk; however, she CANNOT
GIVE LEGAL ADVICE.
CAUSE NO.__________________________
TE
NANT: _______________________________________ § IN THE JUSTICE COURT
VS. § PRECINCT ____ PLACE ___
LANDLORD: ____________________________________ § BRAZOS COUNTY, TEXAS
PETITION FOR REPAIR & REMEDY UNDER CHAPTER 92, SUBCHAPTER B OF THE TEXAS PROPERTY CODE
1. C
OMPLAINT: Tenant files this petition to enforce Landlords duty under Chapter 92, Subchapter B of the Texas Property
Code to repair or remedy a condition in Tenant’s residential rental property materially affect the physical health or safety of
an ordinary tenant. The relief sought can be for no more than $10,000.00, excluding statutory interests and court costs but
including attorney fees, if any. Residential Rental Property is located at:
Street Address Unit No. (if any) City County State Zip
Landlord’s Contact Information (if known):
_________________________________________________________________________________________________________
Business Street Address Unit No. (if any) City County State Zip
2. SERVICE OF CITATION: Check the box next to each statement that is true.
Tenant received in writing Landlord’s name and business street address.
Tenant received in writing the name and business street address of Landlord’s management company.
The name of Landlord’s management company is _____________________________. To Tenant’s knowledge, this is the
Management Company’s contact information:
_________________________________________________________________________________________________________
Business Street Address Unit No. (if any) City County State Zip
The name of Landlord’s on-premise manager is ________________________________. To Tenant’s knowledge, this is the
on-premise manager’s contact information:
_________________________________________________________________________________________________________
Business Street Address Unit No. (if any) City County State Zip
The name of Landlord’s rent collector serving the residential rental property is ______________________________________.
To tenant’s knowledge, this is the rent collector’s contact information:
_________________________________________________________________________________________________________
Business Street Address Unit No. (if any) City County State Zip
3. LEASE AND NOTICE: Check the box next to each statement that is true.
The lease is in writing; □ The lease is oral; The lease requires notice to repair or remedy a condition to be in writing.
T
enant gave written notice to repair or remedy the condition on ___________________________.
The written notice to repair or remedy the condition was sent by certified mail, return receipt requested, or registered mail
on __________________________________.
T
enant gave oral notice to repair or remedy the condition on ___________________________________________________.
Name o
f person(s) to whom notice was given _________________________________ at ____________________________.
4. RENT: At the time Tenant gave notice to repair or remedy the condition, Tenant’s rent was: current (no rent owed),
no
t current but Tenant offered to pay the rent owed and Landlord did not accept it, not current and Tenant did not offer to pa
y
the rent owed. Tenants rent is due on the _______ day of the month week _____________ (specify any other rent-payment
period). The rent is $_____________ per month week _____________ (specify any other rent-payment period). Tenant’s rent
(check one): □ is not subsidized by the government is subsidized by the government as follows, if known: $_____________ paid by
the government, and $_____________ paid by Tenant.
5. PROPERTY CONDITION: Materially affecting the physical health or safety of an ordinary tenant that Tenant seeks to have
repaired or remedied: _________________________________________________________________________________________
___________________________________________________________________________________________________________.
6. RELIEF REQUESTED: Tenant requests the following relief: a court order to repair or remedy the condition, a court
order reducing Tenants rent (in the amount of $_____________ to begin on ________________), actual damages in the
amount of $_________________, □ a civil penalty of one month’s rent plus $500, attorneys fees, and court costs.
Tenant states total relief requested does not exceed $10,000, excluding interest and court costs but including attorney’s
fees.
Tenant Signature:______________________________________ Date:__________________________________
____________________________________________________ _______________________________________
Street address Unit No. (if any) Phone Number
_____________________________________________________
Ci
ty State Zip
Cause 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
gned is acting agent of plaintiff) are not able to determine whether any
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?