Procedures for Submitting an Eviction Application – Texas PDF Kinds

This handout is to supply you with a basic information rundown of eviction situations in Nueces Region, Texas. Nueces Area Justice of the Peace and the Clerks of the Justice Court are NOT enabled to offer lawful recommendations. You might examine the legislation and/or consult an attorney of your choice for more information or solution to legal questions.

An eviction should be filed in the Justice Court precinct where the home lies. You may call Citizens Registration to find out which precinct the residential or commercial property address adheres to under. Texas Home Code, Sec. 24.005 sets out the notification requirements for expulsion suits (unless the notification requirements are specified in the authorized lease).

When filing a fit for expulsion, the complaint needs to be made under oath. This suit for eviction must state the particular reasons that the occupant need to leave. The proprietor can also sue for rent, as long as the quantity of lease due does not surpass $20,000.00.Read here Texas Ror 600 At our site The obligation for completing your application rests with you, the Complainant. Court Clerks will help you just with procedural questions.

When declaring, the property owner must bring the following:

1. A duplicate of the lease (if you have one)
2. A duplicate of the notification to abandon
3. $227.00 for declaring and service fees on a single person (extra service is $173.00 per person). Normally, all celebrations called in the lease needs to be sued and offered with citation in the eviction case. Any kind of judgment provided will protest those who are specifically called and served.

The proprietor’s representative may file any sort of eviction suit and may represent the proprietor at any kind of default judgment hearing. If the case is disputed a representative may represent either event if the case involves non-payment of lease or holding over. The celebrations or their lawyers must try all other sorts of expulsions if the instance is contested.

An Immediate Belongings Bond can speed up the expulsions process. A minimum of $1,000.00 cash or sworn statement of surety bond have to be submitted with the Court. Ask the civil clerk for details.

At the time of filing the problem, the Court Clerk will certainly release an invoice for the cost with the situation number and a day and time to appear for trial. A court day will be set between 10 – 21 schedule days. Please describe your situation number when interacting with the court concerning your instance. A citation will be released right away to the Accused(s) powerful him/her to appear prior to the Justice of the Peace. A duplicate of your issue will certainly be attached to the citation and will be offered upon the Accused by the Constable’s workplace. Either the proprietor or lessee may send a written demand to delay the trial. If the Court gives post ponement, the test might not be held off for greater than 7 days unless both celebrations are in agreement and submit this to the Court in creating. Any type of celebration may place a request in writing for a court test at least 3 days prior to the trial day and by paying the $22.00 court fee.

At the court proceeding, some policies of court decorum use. The celebrations need to not show up in shorts or storage tank tops. Comments need to be routed to the Court, not the opposing party. Do not say with the Court or the opposing celebration. Do not present the instance leaning over the Court’s bench. Be arranged and prepare your testimony and disagreements before trial. At the verdict of the evidence, the Judge will rule from the bench and give both parties a copy of the judgment.

There is no activity for new trial in an eviction case. Either party might appeal and has 5 schedule days to appeal the judgment by filing a Charm Bond (money bond, guaranty bond, or testimony of inability to pay) with the Justice Court. If judgment is made against the tenant, the occupant has five days from the day of the judgment to relocate from the premises or appeal the situation to county court. If an allure is submitted with a sworn statement of failure to pay costs and the renter was being forced out for non-payment of rental fee, a written notification will be provided to the occupant with all the info for transferring rent money right into the Court computer system registry. In addition to submitting an allure bond, a transcript cost of $10.00 will be charged for allures.

If the renter does not move out or appeal the instance by the end of the five day period, the property manager might request a Writ of Possession on the 6th day. The Writ of Possession costs $265.00 and enables the Constable to supervise the move-out of the Offender(s) out of the rented premises, and see that no breach of the peace is broken. Concerns entailing the execution of the writ must be guided to the Constable of Precinct 1 at 888-0503. A writ of property might not provide more than 60 days after a judgment is authorized by the JP.

Typically the Plaintiff will certainly find it difficult to gather their judgment on past rental fee due. Please ask to see our Message Judgment treatments in office or most likely to JP 1-2’s page to learn how to attempt and accumulate the judgment.

Last updated: Janeiro 15, 2026