An Eviction Complaint form serves as the official document a plaintiff (often the landlord) files in court to initiate the eviction process against a defendant (typically the tenant), for various reasons like nonpayment of rent or violation of lease terms. It outlines the cause for eviction, the property details, and the relief sought by the plaintiff, including possession of the property, unpaid rent, and possibly attorney's fees. To learn more about filling out this essential form, click the button below.
The Eviction Complaint form serves as a formal legal document initiating the process to remove a tenant from rented property, encapsulating various crucial elements within its structure. Utilized within Randall County, Texas, specifically under the jurisdiction of the Justice of the Peace, Precinct 1, this form outlines the plaintiff's motion—whether they are the property owner or an authorized agent—against a defendant, in this instance, the tenant. At the crux of the document is the delineation of the rental premises in question, alongside the assertion of a breach, typically nonpayment of rent or violation of lease terms, as the grounds for eviction. Further expanding on legal requirements, the document mandates the inclusion of prior notice given to vacate, adhering to specified sections of the Texas Property Code, and where applicable, details regarding rented land for manufactured homes. The plaintiff’s demands extend beyond mere property repossession to encompass unpaid rent, accruing rents until judgment, legal costs, attorney fees—conditional on lease terms or prior notification fulfillment—and post-judgment interest. Additionally, it incorporates a section on the military status of the defendant, safeguarding active-service members under the U.S. Servicemember Civil Relief Act of 2003, and mandates a sworn affidavit to affirm the claims enclosed. This document encapsulates the procedural initiation of eviction, bridging legal requirements with the personal circumstances of the involved parties, thereby serving as a critical instrument within landlord-tenant dispute resolutions in Texas.
EVICTION COMPLAINT
Cause # ________________
Justice of the Peace, Pct 1
Randall County, Texas
Plaintiff: _____________________________________________________________________
(Or agent)
______________________________________________________________________
Vs.
Defendant: ____________________________________________________________________
(Signed lease)
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff files this sworn complaint against the above named Defendant(s) to evict them from Plaintiff’s premises (including storerooms and parking areas) which is located within Pct. 1 or Randall County, Texas, such premises being:
Street
City
Zip
Service if requested on Defendant(s) by personal service at home or work or by alternate service under Rule 742 if necessary.
Plaintiff and Defendant entered into a rental/lease agreement for occupancy of the above stated property.
Plaintiff delivered to Defendant(s) a written notice to vacate in accordance with the applicable notice requirements of Section 24.005 or Section 24.006, Texas Property Code; or, if the land or lot was rented for occupancy by a manufactured home not owned by plaintiff, notice to vacate was delivered under Section 94.2-3, Texas Property Code.
If the rental agreement is for the rental of land on which a manufactured home has been placed by the defendant(s), plaintiff has complied with all notice and time requirements in Section 94.203, Texas Property Code. The name(s) and address(es) of all lien holders on the manufactured home are:
______________________________________________________________________________
Plaintiff requests judgment for possession of said property, including removal of Defendant(s) and Defendants’ possessions; unpaid rent and accrued rent to date of judgment; court costs; attorney fees (if applicable); plus interest at the rate stated in rental contract or if not stated at highest rate provided by law.
The ground or grounds for eviction are as follows: (check and fill in information as applicable)
□Eviction is for nonpayment of rent. Defendant(s) have failed to pay the rent for the period beginning the ______ day of _______________, 20___. The total unpaid rent to time of filing this eviction complaint is $__________. The rent is $________ per □ month □ week or □ other
rental period (describe period) __________________________. The most recent rental due date
prior to filing this eviction complaint was the ________ day of ______________, 20_____.
□Eviction is for holding over after rental Agreement. The date of such expiration or termination was _____________________, 20 _____.
□Eviction is for holding over after foreclosure.
□Eviction is for holding over after termination of executory purchase contract (contract for deed)
□Eviction is for Conduct in violation of rental agreement.
□Eviction is for property damage.
□Eviction is for trespass.
□Eviction on other grounds: ____________________________________________________
Plaintiff requests judgment for plaintiff and against defendant(s) for possession of the premises and issuance of a writ of possession, and all court costs. Additionally, plaintiff requests judgment for plaintiff and against defendant(s) for the following: (check only if applicable)
□Rent. If eviction is based on nonpayment of rent, plaintiff requests judgment for unpaid rent in the amount of $_________, through the time of filing, and plaintiff also seeks judgment for rent accruing from the date of filing and become due thereafter as allowed by the court.
□Attorneys’ fees. If plaintiff engages an attorney, plaintiff requests judgment for attorneys’ fees because (check only one) □ defendant(s) signed a written rental agreement containing a provision entitling plaintiff to attorneys’ fees, or □ plaintiff has given 10-day notice to vacate as provided in Section 24.006, Texas Property Code.
□Post-judgment interest. If plaintiff is granted judgment for rent or attorneys’ fees, plaintiff requests judgment for post-judgment interest as allowed by statute or the rental agreement.
PLAINTIFF: ____________________________________
By: ________________________________
Address: _________________________________________________________________
Telephone: _______________________
STATE OF TEXAS
COUNTY OF RANDALL
Sworn to and subscribed before me by the above signatory on the ___
day________________, 20____.
____________________________________
Notary Public for the State of Texas or Justice Court Clerk
Cause No. _____________
In the Justice Court, Precinct 1,
County of Randall, Texas
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:
My name is _______________________________________ I am [check one] □ the plaintiff or
□ an authorized agent of the plaintiff n the case described at the top right of this page. I am over 18 years of age. 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 is on active duty in the U.S. military.
3.Defendant has been deployed by the U.S. military to a foreign county.
4.Plaintiff and the undersigned (if the undersigned 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. Plaintiff 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 2 above.
□ 6. Defendant 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. Servicemember Civil Relief Act of 2003.
______________________________
Signature of affiant
SWORN TO and SUBSCRIBED before me by the above signatory on ____________________,
20____.
______________________________________
Clerk of the Justice Court
Filling out the Eviction Complaint form is an important step in the legal process of eviction. This document is used to formally request the eviction of a tenant from a property. The process requires careful attention to detail and accuracy to ensure all necessary information is provided. Let's go through the steps to correctly fill out this form.
Once you have completed all steps and filed the form with the appropriate court, the legal process of eviction will proceed. Ensure all information provided is accurate and that you comply with all legal requirements and deadlines to avoid delays or complications. Remember, this form is a crucial document in seeking relief through eviction, and its proper completion is vital to your case.
What is an Eviction Complaint form?
An Eviction Complaint form is a legal document filed by a landlord or property manager (plaintiff) in a court of law to formally request the eviction of a tenant (defendant) from a rental property. This form begins the legal process for eviction and outlines various details including the parties involved, the premises address, the reason for eviction, and any claims for unpaid rent, court costs, or attorney fees.
Where is this form applicable?
This specific Eviction Complaint form is used in the Justice Court, Precinct 1, of Randall County, Texas. It's designed for use within this jurisdiction. Residents or landlords outside this area may need a different form tailored to their local court's requirements.
Who can file an Eviction Complaint?
The form can be filed by the property owner or a designated agent. It is important that the person filing the complaint has the legal authority to do so, and can provide evidence of the lease or rental agreement and any violation of its terms that justifies the eviction.
What are some common grounds for eviction listed on the form?
Common grounds for eviction include nonpayment of rent, holding over after the lease has expired, violation of lease terms, property damage, and trespass. The form allows the landlord to specify the type(s) of violation(s) and provide details on the situation.
What notices are required before filing an eviction complaint?
Before filing an eviction complaint in Texas, the landlord must deliver a written notice to vacate to the tenant, following the guidelines set by Section 24.005 or Section 24.006 of the Texas Property Code. The notice period varies depending on the reason for eviction and the terms of the rental agreement.
Is it necessary to mention unpaid rent and other financial claims on the form?
Yes, if the eviction is based on nonpayment of rent or there are other financial claims like damages or late fees, these amounts should be clearly outlined in the complaint, along with the request for court fees and attorney fees, if applicable. This helps the court in understanding the full scope of the claim.
Can attorney fees be requested in the eviction process?
Landlords can request attorney fees if the tenant signed a rental agreement that includes a provision for attorney fees, or if the landlord has complied with the requirements of Section 24.006, Texas Property Code, which involves giving a proper notice to vacate.
What is an affidavit of military status, and why is it necessary?
An affidavit of military status verifies whether the defendant (tenant) is an active military member. This is crucial because active-duty military personnel are granted certain protections under the U.S. Servicemembers Civil Relief Act, including potential postponement of the eviction process.
What happens after the Eviction Complaint form is filed?
After the form is filed, the court will schedule a hearing where both parties can present their case. If the judge rules in favor of the landlord, an eviction order will be issued, and the tenant will be legally required to leave the property by a certain date. If the tenant fails to leave, the landlord can then request a writ of possession to enforce the eviction.
Is personal service of the eviction complaint required?
The complaint must be served to the defendant either through personal service at their home or workplace, or by alternate service as permitted under Rule 742 if direct service is not possible. This ensures the tenant is properly notified of the eviction proceedings.
Filling out an Eviction Complaint form requires careful attention to detail, yet many people make mistakes that could potentially derail their case. One common error is the failure to provide complete and accurate information about the plaintiff and defendant. It’s essential to include the full names and contact information accurately to ensure that the court and other parties know exactly who is involved.
Another frequent oversight is neglecting to specify the terms of the rental agreement clearly. The form asks for details about the rental period, rent amount, and any other applicable conditions. Leaving this information vague or incomplete can cause confusion and may weaken the plaintiff's position in court.
Incorrect or missing information about the notice to vacate is also a significant mistake. The law requires landlords to give tenants a specific amount of notice before eviction proceedings can begin. The complaint form must reflect that this notice was provided in accordance with the law, including the method of delivery and the date it was given. Failure to do so can result in the case being dismissed.
Many plaintiffs also overlook the requirement to detail the grounds for eviction thoroughly. Simply checking a box is not enough; providing a clear, concise explanation of the reasons behind the eviction can be crucial for the court’s understanding of the case. Whether it’s nonpayment of rent, violation of rental agreement terms, or another valid reason, it must be articulated clearly.
Additionally, some people fail to complete the military status affidavit correctly. This affidavit is vital because it protects the rights of service members under the Servicemembers Civil Relief Act. Incorrectly stating a defendant's military status, or failing to investigate their status, can lead to serious legal repercussions.
Requesting judgments for possession, unpaid rent, court costs, and, if applicable, attorney fees and interest, is another area prone to mistakes. Applicants must request these specifically and provide accurate amounts for unpaid rent and other fees. It’s also crucial to understand which requests are reasonable and legally allowed in your specific case to avoid asking for judgments that the court cannot grant.
One critical yet often ignored part of the form is the affidavit of military status of the defendant(s). This section is not just a formal requirement; it's a fundamental aspect of the legal process that safeguards the rights of those in military service. Failing to complete this section accurately can not only delay the proceedings but might also inadvertently violate federal law.
An additional common mistake is not properly indicating whether attorney fees are being sought and under what basis. For those who are entitled to seek legal fees as part of their judgment, it’s important to check the appropriate box and ensure that the claim is backed by the rental agreement or the provisions of the Texas Property Code.
Last but not least, failing to sign the document before a notary public or justice court clerk is a simple yet critical oversight. A signature attests to the truthfulness and accuracy of the information provided. An unsigned or improperly notarized Eviction Complaint form can be quickly dismissed, delaying justice and potentially causing financial loss.
When navigating the legal landscape of eviction proceedings, it's essential to understand that an Eviction Complaint Form is just the beginning. A comprehensive approach often requires several other forms and documents to ensure the process is handled correctly and efficiently. These documents range from notices that precede the eviction complaint to evidence-based documents that support the landlord's claims, each serving a unique role in the eviction process.
Each document plays a critical role in the eviction process. With careful preparation and thorough documentation, landlords can navigate the complexities of eviction with clarity and precision, ensuring a lawful and fair resolution for all parties involved.
The Lease Agreement form closely resembles the Eviction Complaint form. Like the Eviction Complaint, it establishes a legal relationship between tenant and landlord, delineating the rights and responsibilities of each party. It outlines the terms of the tenancy, including duration, rent amount, and conditions for termination, which directly feed into the reasons for an eviction complaint should any terms be breached.
Notice to Vacate forms parallel the Eviction Complaint in their role as a preliminary step towards eviction. They serve as a formal request from the landlord for the tenant to vacate the premises, often citing the reason for eviction, such as non-payment of rent or violation of lease terms. This notice is a prerequisite mentioned in the Eviction Complaint form, highlighting its necessity in the eviction process.
Rent Demand Letter shares similarities with the Eviction Complaint, primarily targeting issues around non-payment of rent. This letter, sent by the landlord to the tenant, demands the payment of overdue rent. It can serve as a precursor to filing an Eviction Complaint, indicating in the complaint that efforts were made to resolve rent issues before legal action was sought.
Property Damage Report can be associated with the Eviction Complaint when eviction grounds include property damage. This document details the extent and nature of the damage caused by the tenant, potentially serving as supporting evidence for the eviction. It underscores the tenants' obligations to maintain the property, breach of which can lead to eviction proceedings.
The Affidavit of Military Status echoes elements of the Eviction Complaint, considering the protections afforded to military personnel under the Servicemembers Civil Relief Act (SCRA). This affidavit is a statement regarding the military status of the defendant, ensuring that eviction actions comply with federal laws that provide certain protections against eviction for servicemembers.
Court Summons for Eviction Hearing is intrinsically connected to the Eviction Complaint. Once the complaint is filed, the court issues a summons to the defendant(s), compelling their appearance in court to respond to the eviction allegations. The summons formalizes the legal process initiated by the eviction complaint submission.
Writ of Possession is the document issued after a successful Eviction Complaint, authorizing law enforcement to remove the tenant and their possessions from the property. This legal instrument completes the eviction process that the Eviction Complaint initiates, making it an essential component of property repossession by the landlord.
Rental Application forms, while not part of the eviction process, provide a foundational layer for tenant screening, aiming to prevent future evictions. By collecting and analyzing potential tenant information, landlords attempt to mitigate risks of lease violations that could lead to filing an Eviction Complaint.
Tenant Background Check Authorization forms support the eviction prevention effort similar to Rental Application forms. They seek tenant consent to verify information that could indicate potential issues, such as history of eviction or poor credit, helping landlords make informed leasing decisions to avoid future eviction scenarios.
Landlord-Tenant Settlement Agreement forms offer an alternative resolution to the eviction process initiated by an Eviction Complaint. These agreements can result in a negotiated solution between the parties, possibly including payment plans or vacate timelines, thereby avoiding the need for a court-ordered eviction.
Filling out an Eviction Complaint form is a serious matter that requires attention to detail and accuracy. For landlords navigating this process, here are essential dos and don'ts to keep in mind.
By following these guidelines, you can ensure a smoother eviction process, abiding by the legal stipulations and respecting the rights of all parties involved.
When it comes to eviction processes, there are several misconceptions about the Eviction Complaint form. Here, we aim to clarify some of these common misunderstandings to provide clearer insight into eviction procedures.
This is not true. Filing an eviction complaint is the formal start of the legal process to request the removal of a tenant. It does not mean that the tenant will be evicted instantly. There are steps and legal procedures that must be followed, including court hearings.
Not exactly. An eviction complaint must be based on specific grounds such as nonpayment of rent, violation of lease terms, or holding over after the lease term has expired. Landlords must state the reason for eviction clearly and provide evidence to support their claim.
The amount of unpaid rent requested must be accurate and verifiable. Simply stating an inflated amount is not permissible, and landlords should be prepared to provide documentation of the unpaid rent.
Eviction laws vary from state to state, and so do the forms needed to file an eviction complaint. The form provided here is specific to Randall County, Texas, and similar specificity applies elsewhere. Always ensure you're using the correct form for your jurisdiction.
Actually, proper service of the eviction complaint is crucial. Depending on your jurisdiction's rules, personal service or an alternative form of service as outlined by the court may be required to ensure the tenant is officially notified.
This is not always the case. Whether attorney fees can be recovered depends on the lease agreement terms and the laws of the state. Some jurisdictions may allow for the recovery of attorney fees if specified in the lease or under certain conditions.
There are several steps after filing the eviction complaint, including court hearings, judgment, and possibly the issuance of a writ of possession if the court rules in favor of the landlord. The eviction process is not complete until all legal and procedural steps have been completed.
Incorrect. It's essential to complete the affidavit of military status of the defendant(s) as part of the eviction complaint. This section is critical because tenants who are active military members are afforded special protections under the Servicemembers Civil Relief Act (SCRA).
Understanding these misconceptions is the first step towards navigating the eviction process more smoothly and ensuring that all actions are legally compliant. If in doubt, seeking legal advice or assistance from a professional knowledgeable in local tenancy laws can be invaluable.
Filling out and using the Eviction Complaint form requires a detailed understanding of the process, the information needed, and the legal requirements. The following key takeaways can guide individuals through this process effectively:
Understanding each of these components and meticulously preparing the Eviction Complaint form can significantly impact the outcome of the eviction process, underscoring the importance of diligence, thoroughness, and adherence to legal requirements throughout.
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