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Texas Landlord Tenant Eviction / Unlawful Detainer Forms Package

State:
Texas
Control #:
TX-EVIC-PKG
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Word; 
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Description

This package contains the essential state-specific forms a landlord needs to evict a tenant. If you need to get rid of an unwanted tenant, this money-saving package ensures that you follow the rules of your state. Included in this package are the following forms:



3 Day Notice to Vacate Prior to Filing Unlawful Entry and Detainer ?ˆ“ Nonresidential - This is a Notice to Vacate Prior to Filing Eviction Suit. If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001.



3 Day Notice to Vacate Prior to Filing Unlawful Entry and Detainer ?ˆ“ Residential - This is a Notice to Vacate Prior to Filing Eviction Suit. If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001.



30 Day Notice to Terminate Month to Month Lease - Residential from Landlord to Tenant - This form is for use by a landlord to terminate a month-to-month residential lease. "Residential" includes a house, apartment or condo. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 30 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 30 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.



Dallas County Eviction Guide - This is an informational guide about the eviction process from the Dallas County Courts. Much of the information it contains is applicable to evictions in any Texas justice court.



Justice Court Civil Case Information Sheet and Petition for Eviction - These forms are filed by a landlord to begin the eviction process in court to remove an unwanted tenant.



Landlord?ˆ™s Sworn Motion for Writ of Possession & Notice of Hearing
- This form is filed by a landlord after winning an eviction case to ask the court to order the sheriff to remove the evicted tenant from the premises.


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FAQ

An unlawful detainer is an eviction lawsuit. This won't be reported to the credit bureaus unless you are actually evicted.Much like losing a lawsuit, unlawful-detainer suits are reported to the credit bureaus.

Notice to Vacate The amount of time the tenant has to move out or fix a certain problem before an eviction suit is filed. This must be at least 3 days unless the lease specifically states otherwise.

If you file an eviction (unlawful detainer) case and you decide you do not want to move forward, you can ask the court to dismiss the case.You included more than one tenant in your eviction case but have decided you only want to evict one or some of them, so you dismiss the case as to the others.

At the trial, the landlord will put on her case.The landlord will talk about the Notice of Termination that was sent to the tenant and her reasons for wanting to evict the tenant. The landlord may present other witnesses to support her claims against the tenant.

Know Your Rights. It goes without saying, but take some time to know your rights as a tenant. Keep Good Records. Make Sure Notice is Proper. Service of the Unlawful Detainer. Talking to an Attorney. Managing Partner Lipton Legal Group, A PC Beverly Hills, CA.

Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed.

Addresses. Date. Tenant names. Status and date of the lease. Why the eviction notice is served (clear and concise explanation) Date tenant must vacate the property. Proof of service or delivery of notice.

Know Your Rights. It goes without saying, but take some time to know your rights as a tenant. Keep Good Records. Make Sure Notice is Proper. Service of the Unlawful Detainer. Talking to an Attorney. Managing Partner Lipton Legal Group, A PC Beverly Hills, CA.

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Texas Landlord Tenant Eviction / Unlawful Detainer Forms Package