FILING AN EVICTION
Information for tenants and landlords is also in the left hand column, SRL (self represented litigants).
The CDC has issued extended the moratorium on evictions for non-payment of rent to expire October 3, 2021.
Please visit: http://www.texasrentrelief.com/ for info on evictions or call 1-833-9TX-RENT.
NEW PROCESS FOR FILING EVICTIONS FOR NON-PAYMENT OF RENT: YOU MUST VISIT THE TEXAS JUDICIAL BRANCH AND REVIEW THE TEXAS JUDICIAL DIVERSION PROGRAM (TJDP) ORDERED BY THE SUPREME COURT IN THE 31ST EMERGENCY ORDER (CAN VIEW ORDER IN LEFT COLUMN); AND YOU MUST STATE THAT YOU HAVE DONE SO IN THE PETITION:
https://www.txcourts.gov/programs-services/eviction-diversion-program/
Before filing an eviction suit, written notice to vacate must be given to tenant. This is a generic form you may use. /upload/page/4017/2022/NOTICE TO VACATE EVICTIONS.pdf
Please read the following information, and visit suggested sites.
The TEXAS EVICTION DIVERSION PROGRAM (TEDP) will be funded with over $1 billion allocated to Texas for rental assistance and eviction diversion and will be centrally administered by the TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA).
Funding for rental assistance and eviction diversion will be available for distribution to eligible landlords/tenants and can cover up to 12 months of past due rent and utilities (from March 13, 2020, to present) and up to 3 months of future rent. Landlords must agree to waive late payment fees and their previous claims (both for non-payment of rent or others), and the funding will be direct deposited with the landlord. Tenants must meet income eligibility requirements (at or below 80% of Area Median Income) and be financially affected by COVID-19. See the eligibility requirements and documents needed below. If you wish to apply for the Texas Eviction Diversion Program you would have to have been served an eviction and have a court case number, and then you could visit texasrentrelief.com website or 833-9TX-RENT to complete the application process. If you have an eviction that is NOT for non-payment of rent, follow directions below.
The expiration of the Texas Supreme Court's 34th Emergency Order means that plaintiffs are no longer required to include in an eviction petition whether a property is a "covered dwelling" or whether a 30-day notice to vacate was given.
However, as always, the plaintiff must prove that they have given the proper notice to vacate in order to receive a judgment of possession. If the property is a "covered dwelling" and the eviction is based on nonpayment, the plaintiff is still required to give a 30-day notice to vacate. This requirement of the CARES Act DID NOT expire on March 31. If the property is not covered by the CARES Act or the eviction is not based on nonpayment, then the standard notice to vacate rules would apply. (For information on whether a property is a "covered dwelling" see the section in this category on "Determining if a Property is a "Covered Dwelling" Under the CARES Act.'" CAN ALSO READ INFO LEFT SIDE COLUMN)
If a petition describes the notice to vacate given as well as the reason why that notice to vacate is proper, and the defendant does not appear or answer, the petition must be taken as true. This means that the plaintiff would have proven proper notice to vacate.
If, instead, the petition doesn't lay out the notice given and why it is proper, or the defendant answers or appears, the petition is not sufficient to prove proper notice to vacate. Rule 500.6 makes clear that justice courts can develop the facts of the case at trial to determine whether the CARES Act applies to an eviction case and whether the proper notice to vacate was given.
On April 8, TJCTC received a brief from TAA outlining their position that the 30-day notice to vacate provision no longer applies.
* An eviction MUST be filed in the precinct where the rental property is located.
* The notice to vacate must be in writing and should be unconditional, i.e., it should tell the tenant to vacate by a specific date in no uncertain terms (at least three days if a breach of contract) written notice to vacate before the landlord files an eviction (suggest 30 days if verbal agreement), unless the parties have contracted for a shorter or longer notice period in a lease or agreement).
* The notice to vacate must be in writing & shall be given in person or by mail at the premises in question, or posted to entry way.
* To begin an eviction proceeding, the landlord must file a written and REVISED EVICTION PETITION DECEMBER 2021 Affidavit of Military Status Form (click here for website to find out if defendant is on active military duty)
The petition must describe the premises of which the landlord is claiming possession with sufficient certainty to identify the premises, and state the facts which entitle the landlord to possession.
* Generally, all parties named in the lease should be sued and served with a citation in the eviction proceeding. Any judgment granted will run only against those who are specifically named and served.
* A suit for rent may be filed with the eviction suit if the amount due is within the jurisdiction of the justice court ($20,000.00). Charges for items other than rent cannot be joined with suit for eviction and would need to be sued for those items in small claims court, after the eviction suit trial has been held.
* A court date for the eviction will be set after the citation has been served and both parties will be notified and are expected to appear at that date/time. Any continuance request must be in writing, timely and agreed to by all parties.
* Under the Texas Rules of Civil Procedure, either party to the lawsuit has five days to appeal the court’s decision. The filing of an appeal bond or paupers oath by that time completes the appeal. A properly filed appeal stops all further justice court proceedings until there is a resolution by the county court.
* If neither party appeals, the landlord may obtain a Writ of Possession from the court after the five (5) day period for appeal has passed. The writ fee of $200.00 plus a $10.00 processing fee is payable to JP court to cause the tenant to vacate the premises. Questions involving the execution of the writ should be directed to the appropriate constable's office.
During this period of time relative to COVID 19, orders from the United States Supreme Court and the Office of Court Administration are being followed by all courts. More information regarding evictions during COVID can be found on https://www.txcourts.gov/programs-services/eviction-diversion-program/
MAIL ALL DOCUMENTS WITH MONEY ORDER OR CASHIER'S CHECK FOR $54.00 COURT COST, AND SEPARATE MONEY ORDER OR CASHIER'S CHECK FOR $85.00 FOR SERVICE OF CITATION.
MAIL SUIT TO:
BLANCO COUNTY
P. O. BOX 596
BLANCO, TEXAS 78606 (currently not accepting suits by email)