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Evictions Deskbook

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Evictions Deskbook First Edition November 2017 Published by the Texas Justice Court Training Center An educational endeavor of the Justices of the Peace and Constables Association of Texas, Inc. Funded by the Texas Court of Criminal Appeals Copyright © 2017 Texas Justice Court Training Center All rights reserved. No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system without the prior written permission of the Texas Justice Court Training Center unless copying is expressly permitted by federal copyright law. Address inquiries to: Permissions Texas Justice Court Training Center 1701 Directors Blvd. Suite 530 Austin, TX, 78744 TABLE OF CONTENTS CHAPTER 1: WHAT IS AN EVICTION CASE? ................................................................................................................. 1 CHAPTER 2: JURISDICTION ................................................................................................................................................. 2 A. No Jurisdiction If Suit Is Filed in Wrong Precinct ......................................................................................... 2 B. No Jurisdiction to Resolve Title Issues .............................................................................................................. 2 C. No Jurisdiction If Suit Based on Deed Executed in Violation of Chapter 21A, Business & Commerce Code ......................................................................................................................................................... 2 D. Court May Hear Claim for Back Rent ................................................................................................................. 3 E. No Counterclaims or Third Party Claims Allowed ....................................................................................... 3 CHAPTER 3: LANDLORD-TENANT RELATIONSHIP.................................................................................................. 4 A. Is a Landlord-Tenant Relationship Required to Bring an Eviction Case? ........................................... 4 B. Types of Tenants ........................................................................................................................................................ 5 1. Terms ..................................................................................................................................................................... 5 2. Tenant for a Fixed Term................................................................................................................................. 5 3. Tenant at Will ..................................................................................................................................................... 5 4. Tenant by Sufferance ....................................................................................................................................... 6 5. Lodgers v. Tenants at Will ............................................................................................................................. 6 C. So What Happens When…? .................................................................................................................................... 7 1. Friends, Ex-Friends and Unwanted Guests ............................................................................................ 7 2. Owner Who Purchases Property with an Occupant in Possession .............................................. 7 3. Foreclosures ........................................................................................................................................................ 8 4. Contract for Deed ........................................................................................................................................... 11 CHAPTER 4: GENERAL EVICTION PROCEDURES .................................................................................................... 12 A. Procedure for Filing an Eviction Suit .............................................................................................................. 12 1. Grounds for Eviction ..................................................................................................................................... 12 2. Notice to Vacate .............................................................................................................................................. 12 3. Filing the Eviction Suit ................................................................................................................................. 15 4. Setting the Trial Date and Issuing and Serving the Citation ........................................................ 19 B. Request for Immediate Possession .................................................................................................................. 23 C. Default Judgment..................................................................................................................................................... 25 1. General Requirements ................................................................................................................................. 25 2. Affidavit and Procedures Regarding Defendant’s Military Status (Servicemembers Civil Relief Act) .......................................................................................................................................................... 26 D. Trial Procedure and Remedies .......................................................................................................................... 27 1. No Trial Less Than Six Days after Service............................................................................................ 28 2. Limit on Postponement ............................................................................................................................... 28 3. Stay of Eviction When Defendant is in Military Service ................................................................. 28 4. Bankruptcy Filing by Tenant ..................................................................................................................... 29 5. Retaliation and Rent Deduction Defenses (Only in Residential Evictions) ............................ 30 6. Bench Trial ........................................................................................................................................................ 31 7. Jury Trial ............................................................................................................................................................ 33 8. Judgment ........................................................................................................................................................... 33 9. No Motion for New Trial ............................................................................................................................. 35 10. Eviction Flow Chart (Pre-Judgment) ..................................................................................................... 35 E. Writ of Possession .................................................................................................................................................. 36 1. Time to Issue Writ of Possession ............................................................................................................ 36 2. Time Limit on Issuance of Writ of Possession ................................................................................... 39 3. Deadline to Execute Writ of Possession ............................................................................................... 39 4. Effect of Appeal ............................................................................................................................................... 40 5. Execution of the Writ of Possession ....................................................................................................... 40 6. Eviction Flow Chart (Post-Judgment) ................................................................................................... 40 F. Appeal .......................................................................................................................................................................... 41 1. How is a Judgment Appealed? .................................................................................................................. 41 2. Amount and Conditions of the Appeal Bond or Cash Deposit Amount ................................... 41 3. Notice of Filing the Appeal Bond or Making a Cash Deposit ........................................................ 42 4. Contest of Appeal Bond in Residential Eviction Suit for Nonpayment of Rent .................... 42 5. Statement of Inability to Afford Payment of Court Costs .............................................................. 44 6. Notice of the Statement of Inability to Afford Payment of Court Costs ................................... 44 7. Contest of Statement of Inability to Afford Payment of Court Costs ........................................ 44 8. Appeal Perfected ............................................................................................................................................ 46 9. Payment of Rent in Nonpayment of Rent Appeals ..........................................................................
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