The Texas Petition: Eviction Case is the document a landlord files in a Texas justice court to start an eviction lawsuit and ask a judge to remove a tenant from a rental property. Every Texas landlord who wants a court order to recover possession of a home, apartment, mobile home lot, or commercial space must file this petition in the precinct where the property sits, under Texas Rule of Civil Procedure 510 and Chapter 24 of the Texas Property Code.
Texas justice courts processed more than 270,000 eviction filings in a recent year, and the Texas Office of Court Administration reports that roughly 1 in 8 petitions get rejected, dismissed, or delayed because of paperwork errors on the petition itself. Use the latest revision (the TJCTC Petition: Eviction Case form, revised May 2024) to avoid that fate.
- 📄 How to fill out every field on the Texas eviction petition line by line
- ⚖️ Which Property Code section and rule controls each ground for eviction
- 🧾 Three full filled-out examples for nonpayment, holdover, and lease violation
- 💵 Filing fees, service fees, and exact filing channels by county
- 🚫 The 10 most common mistakes that get eviction petitions tossed
What the Form Is and Who Must File It
The Petition: Eviction Case is the official starting document for a forcible entry and detainer suit in a Texas justice court. The justice court is the only Texas court with original jurisdiction over evictions, and the case must be filed in the precinct and county where the rental property is physically located, per Texas Property Code §24.004. Filing in the wrong precinct is grounds for transfer or dismissal, and you lose the filing fee.
A landlord, property owner, on-site manager, or authorized agent may file. A non-attorney property manager can sign the petition for the owner if the manager has written authorization on file, under Texas Rule of Civil Procedure 500.4. Corporations and LLCs may appear in justice court without a lawyer, which is a major reason small landlords use this court.
The petition does two things at once. It asks the judge to award possession of the property, and it can also ask for back rent, late fees, attorney fees, and court costs, but only up to the justice court’s $20,000 jurisdictional cap set by Government Code §27.031. If you want more than $20,000 in money damages, file a separate suit in county court.
The form applies to residential leases, commercial leases, mobile home lot rentals, and tenant-at-will situations with no written lease. Roommates and family members occupying without paying are usually handled the same way. Squatters, holdover buyers after foreclosure, and contract-for-deed defaulters have special rules inside Property Code §24.005 that the petition must reflect.
Before You Start: Documents and Information You Need
Gather every document below before you open the petition. A missing piece is the single biggest reason judges reset hearings and tenants win on technicalities.
- The signed lease (or proof of an oral lease). Without it, the court cannot confirm rent amount, term, or grounds. If lost, prepare a sworn statement of the oral terms.
- The written notice to vacate with proof of delivery. Property Code §24.005 requires at least 3 days’ notice unless the lease shortens or lengthens it. Without proof, the case is dismissed.
- A current rent ledger. Show every charge, payment, and balance by date. Judges compare this to the petition’s “amount due” line.
- The tenant’s full legal name and any known aliases. A wrong name on the citation can void the writ of possession.
- The property’s exact street address, unit number, city, county, and ZIP. This sets venue and appears on the writ.
- Your filing fee and service fee in the precinct’s accepted payment form. Fees range from $46 to $121 for filing and $75 to $150 per defendant for service.
- A military status check from the Servicemembers Civil Relief Act database. Print and attach the result. Filing without it can void the judgment.
- Your own contact information, including a working email if you e-file. eFileTexas.gov sends every notice through that email.
- A copy of any HUD, Section 8, or LIHTC paperwork, if applicable. Subsidized housing has extra notice rules under 24 C.F.R. §247.
- Photos or written records of lease violations if your ground is “other than nonpayment.”
Where to Get the Form and How to Access It
The free, statewide-approved version of the petition lives on the Texas Justice Court Training Center forms page. Download the fillable PDF labeled Petition: Eviction Case, dated May 2024 in the lower-left corner. Many counties post a county-branded copy of the same form on their justice court page, and any of them are accepted statewide.
TexasLawHelp.org hosts a guided interview that fills the petition for you and outputs the same PDF. The Texas State Law Library maintains a research guide with the current statutes and rules. The Texas Supreme Court rules page hosts the controlling Rules 500–510.
If you e-file, you upload the same PDF through eFileTexas.gov, the state’s mandatory portal for attorneys and optional portal for self-represented landlords. Counties such as Harris, Dallas, Travis, Bexar, and Tarrant accept eviction e-filings around the clock. A few rural precincts still require paper, so call the clerk before you drive.
Print on white 8.5 x 11 paper, single-sided, and keep margins at 1 inch. Hand-printed forms are accepted if legible, but typed entries reduce rejection. Use black ink only for signatures.
Step-by-Step: How to Fill Out the Texas Eviction Petition Line by Line
The petition is one page front and back, with numbered sections labeled 1 through 10 plus a verification block. Fill it in the order printed on the form. Sample entries appear in italics below.
Caption: Cause Number and Court Information
The top caption asks for the Cause Number, the Justice Court Precinct Number, and the County. The cause number is left blank by you because the clerk assigns it at filing. Enter the precinct and county where the property sits, not where you live. For a rental at 4501 Cypress Creek Pkwy, Houston, Harris County, Texas 77069, the entry reads Justice Court, Precinct 4, Place 1, Harris County, Texas.
A landlord who guesses the precinct often picks wrong because Harris County alone has 16 precinct/place combinations. Use the Harris County precinct locator or the equivalent county tool. The most common mistake here is filing in the precinct of the landlord’s office, which forces a transfer and pushes the hearing back two weeks. A frequent misconception is that any precinct in the same county will do, but venue is mandatory by precinct.
Section 1: Plaintiff (Landlord) Information
This block asks for the landlord’s full legal name, mailing address, phone number, fax number, and email address. Enter the name exactly as it appears on the deed or lease, including LLC or “dba” suffixes. Sun Ridge Rentals LLC writes Sun Ridge Rentals LLC, 1200 Main St Ste 200, Austin, TX 78701, 512-555-0188, contact@sunridgerentals.com on the four lines.
A common edge case is co-owners. Both names go on Line 1, and either can sign. The most common mistake is using a property management company’s name when the deed lists an individual owner; the judge will dismiss for lack of standing unless the manager attaches written authority. The misconception is that “the landlord” means whoever collects rent, but the law means whoever holds title or is the named lessor on the lease.
Section 2: Defendant (Tenant) Information
Enter every adult occupant’s full legal name, the property address, city, ZIP, and county. Use “and all other occupants” after the named tenants if you want the writ to clear everyone. For three named adults on the lease, write Maria Lopez, Carlos Lopez, and Janet Pierce, and all other occupants, 4501 Cypress Creek Pkwy Apt 217, Houston, Harris County, TX 77069.
If you only know a nickname, list the nickname plus “a/k/a” and any other version you have seen on mail or ID. The common mistake is leaving out an adult occupant; the writ then cannot remove that person, and the constable will refuse to execute it. The misconception is that minor children must be listed, but only adult occupants belong here.
Section 3: Amount of Monthly Rent and Amount Due
Two separate lines: Monthly Rent and Total Rent Due at Filing. Enter dollars and cents. For a lease at $1,450.00 per month with two months unpaid plus a $75 late fee, enter $1,450.00 on the first line and $2,975.00 on the second.
If your ground is not nonpayment, you may still list rent due to recover money along with possession. The common mistake is bundling future rent into “amount due”; only rent already accrued through the filing date counts. The misconception is that late fees, NSF fees, and attorney fees go on the rent line, but those go in Section 5 and 6, not here.
Section 4: Grounds for Eviction (Reason for Eviction)
Check one or more boxes: Nonpayment of Rent, Holding Over Beyond End of Rental Term, Other Lease Violations, or Other. If you check “Other Lease Violations” or “Other,” describe the violation in the space provided. For an unauthorized pet, write Tenant kept a dog in violation of paragraph 27 of the lease after written warnings on 03/04/2026 and 03/18/2026.
If you have multiple grounds, check all that apply, because dropping one at trial is easy but adding one is not. The common mistake is checking “Nonpayment” when you actually accepted partial rent without a non-waiver agreement, which can defeat the case. The misconception is that “Other” lets you evict for any reason; it must still be a lease breach or statutory ground under Property Code §24.005.
Section 5: Notice to Vacate
The form asks the date the notice to vacate was delivered, the method of delivery, and the person who delivered it. Methods include in-person delivery to the tenant, in-person delivery to anyone 16+ at the premises, mail, and securely affixing to the inside of the main entry door. For a notice posted on 04/02/2026 by the owner, enter 04/02/2026, securely affixed to inside of front door, by Sun Ridge Rentals LLC owner Aisha Patel.
A 3-day notice is the statutory minimum, but the lease can change it. The common mistake is counting the notice day as day one; under Property Code §24.005(g), the day of delivery does not count. The misconception is that text messages or emails satisfy the notice requirement; only the methods listed in the statute work.
Section 6: Attorney Fees
Check Yes or No to whether you seek attorney fees. To recover them in a nonpayment case, you must have given a separate 10-day notice under Property Code §24.006 or the lease must allow them. Enter the amount sought, such as $500.00 for an uncontested filing.
If you are pro se, check No. The common mistake is checking Yes without the 10-day notice or a lease clause, which forfeits the request. The misconception is that any landlord can recover attorney fees by default, but Texas follows the American Rule and requires statute or contract.
Section 7: Other Damages and Relief Requested
Use this block for late fees, returned-check fees, repair costs from damage, and any other monetary relief up to the $20,000 cap. List each item on its own line: Late fees: $150.00; NSF fees: $60.00; Court costs: per statute. Total dollar amounts at the bottom of the section.
The common mistake is requesting future rent or “rent until vacated”; the justice court can only award rent accrued through judgment and per-day rent thereafter, not lump-sum future rent. The misconception is that property damage is part of eviction; it is, but only up to the cap, and many landlords sue separately in small claims to keep the eviction quick.
Section 8: Request for Possession and Judgment
The petition states that the plaintiff requests possession of the premises, a judgment for unpaid rent and other amounts, court costs, and a writ of possession. Most landlords do not edit this block; it is preprinted. Confirm the box requesting a writ of possession is checked, because without it you cannot have the constable remove the tenant.
The common mistake is forgetting to ask for the writ in the prayer; some courts will not issue one if it is not requested. The misconception is that winning the case automatically triggers the writ, but the writ is a separate court order issued no earlier than 6 days after judgment under Rule 510.8.
Section 9: Service of Citation
This section asks how you want the tenant served. Options are personal service by constable or sheriff, alternative service by posting if personal service fails, and service by a private process server. Most landlords mark personal service first and request alternative service in the same petition.
If the tenant ducks service, Rule 510.4(c) lets the constable serve by securely affixing the citation to the door after one diligent attempt and a sworn motion. The common mistake is paying for personal service only, then having to refile a motion when the tenant hides; ask for alternative service up front. The misconception is that certified mail counts as service in eviction; it does not.
Section 10: Servicemembers Civil Relief Act Statement
Mark whether the defendant is, is not, or you do not know if the defendant is in active military service. Attach the printout from the DoD SCRA database. For a tenant confirmed not in service, write Defendant is not in active military service. SCRA report dated 04/15/2026 attached.
If you cannot determine status, the court may require a bond. The common mistake is leaving this blank or writing “unknown” without running the database; the judgment can be reopened for up to a year under the federal SCRA, 50 U.S.C. §3931. The misconception is that the SCRA only applies in wartime, but it applies to any active-duty servicemember at any time.
Verification, Signature, and Date
The bottom block requires the plaintiff’s signature, printed name, date, and a sworn verification that the facts are true. Some counties require notarization; many accept an unsworn declaration under Civil Practice & Remedies Code §132.001. Sign in black ink and date the same day you file.
The common mistake is signing on behalf of an LLC without listing your title; write Aisha Patel, Member, Sun Ridge Rentals LLC. The misconception is that any agent can sign; only the landlord, an authorized employee, or an attorney may sign, and an unauthorized signature voids the petition.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Aisha Patel, Nonpayment of Rent on a Houston Apartment
Aisha owns a single-family rental in Harris County. Her tenant, Maria Lopez, stopped paying after February 2026.
| Form Section | What Aisha Enters |
|---|---|
| Court / Precinct | Justice Court, Precinct 4, Place 1, Harris County, Texas |
| Plaintiff | Sun Ridge Rentals LLC, 1200 Main St Ste 200, Austin, TX 78701 |
| Defendant | Maria Lopez and all other occupants, 4501 Cypress Creek Pkwy Apt 217, Houston, TX 77069 |
| Monthly Rent / Total Due | $1,450.00 / $2,975.00 |
| Grounds | ☑ Nonpayment of Rent |
| Notice to Vacate | 04/02/2026, affixed to inside of front door, by owner Aisha Patel |
| Attorney Fees | No (pro se) |
| Other Relief | Late fees $150.00, court costs, writ of possession |
| SCRA | Not in service; report 04/15/2026 attached |
| Signature | Aisha Patel, Member, Sun Ridge Rentals LLC, 04/16/2026 |
Scenario 2: Marcus Reed, Holdover After Lease Expiration in Travis County
Marcus rents a duplex in Austin. His tenant, Janet Pierce, signed a 12-month lease ending March 31, 2026, did not renew, and stayed.
| Form Section | What Marcus Enters |
|---|---|
| Court / Precinct | Justice Court, Precinct 5, Travis County, Texas |
| Plaintiff | Marcus Reed, 908 E 12th St, Austin, TX 78702 |
| Defendant | Janet Pierce and all other occupants, 2207 Berkman Dr Unit B, Austin, TX 78723 |
| Monthly Rent / Total Due | $1,800.00 / $1,800.00 (April holdover) |
| Grounds | ☑ Holding Over Beyond End of Rental Term |
| Notice to Vacate | 04/01/2026, hand-delivered to tenant, by Marcus Reed |
| Attorney Fees | Yes, $750.00 (lease paragraph 22 allows) |
| Other Relief | Daily rent $60.00 from 04/05/2026 until possession, writ of possession |
| SCRA | Not in service; DoD report attached |
| Signature | Marcus Reed, 04/05/2026 |
Scenario 3: Sunset Properties, Lease Violation in Bexar County
Sunset Properties manages a San Antonio fourplex. Tenant Carlos Vega keeps an unauthorized dog and ignored two written warnings.
| Form Section | What Sunset Enters |
|---|---|
| Court / Precinct | Justice Court, Precinct 2, Bexar County, Texas |
| Plaintiff | Sunset Properties LP by agent Linda Hayes, 700 N St Marys St, San Antonio, TX 78205 |
| Defendant | Carlos Vega and all other occupants, 415 W Mistletoe Ave Apt 3, San Antonio, TX 78212 |
| Monthly Rent / Total Due | $1,200.00 / $0.00 (rent current) |
| Grounds | ☑ Other Lease Violations: unauthorized pet, lease ¶27, warnings 03/04/2026 and 03/18/2026 |
| Notice to Vacate | 04/03/2026, mailed certified and regular mail, by agent Linda Hayes |
| Attorney Fees | No |
| Other Relief | Court costs and writ of possession |
| SCRA | Not in service; report attached |
| Signature | Linda Hayes, Authorized Agent, 04/10/2026 |
How to File the Completed Form
You can file the petition four ways, depending on the precinct.
E-filing through eFileTexas.gov. Upload the PDF, pay the filing fee by credit card or ACH, and pay the service fee separately. Filing fees range $46–$121 plus a $2 e-file fee, and service runs $75–$150 per defendant. Processing takes minutes; the clerk issues a citation within 1–2 business days. Save the email confirmation as proof.
In person at the justice court clerk’s office. Bring three copies of the petition and any attachments. Pay by cash, money order, or sometimes credit card; check the precinct’s page first. The clerk stamps a copy as your receipt and proof of filing.
By mail. Send three copies, a self-addressed stamped envelope, and a check to the justice court clerk for that precinct. Keep tracking. Processing adds 3–5 business days.
By fax. A few rural precincts accept fax filings under local rule. Confirm the fax cover sheet and fee arrangement before sending. The clerk faxes back a stamped first page as proof.
For all channels, expect the citation to be served within 6 days after filing and the hearing to be set 10–21 days after the citation is served, per Rule 510.4.
What Happens After You File
The clerk issues a citation and a copy of the petition for each defendant, then routes it to the constable for service. The tenant must answer in writing or in person on or before the trial date. If the tenant does not appear, the judge can grant a default judgment for possession and money damages.
If the tenant appears, the judge holds a bench trial the same day or within a few days. Either party may demand a jury trial by filing a written request and paying the $22 jury fee at least 3 days before trial under Rule 510.7. The losing side has 5 days to appeal to county court by filing a bond, cash deposit, or sworn statement of inability to pay.
If the landlord wins and no appeal is filed, the court issues a writ of possession on day 6. The constable posts a 24-hour notice on the tenant’s door, then returns to remove the tenant and personal property. The tenant’s belongings can be set at the curb or stored, depending on local rule.
A satisfied money judgment can be collected by abstract of judgment, wage garnishment for non-wage debts, or bank levy. The judgment lasts 10 years and can be renewed.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong precinct. The case is transferred or dismissed, and you lose the filing fee.
- Listing the wrong owner. The judge dismisses for lack of standing.
- Leaving an adult occupant off the petition. The writ cannot remove that person.
- Skipping the SCRA check. The judgment can be reopened for up to a year.
- Counting the notice-to-vacate day as day one. The 3 days are short, and the case is dismissed.
- Using email or text as the notice method. Only statutory methods qualify.
- Asking for future rent in Section 7. Only rent through judgment is allowed.
- Forgetting to check the writ of possession box. Some judges will not issue it.
- Signing without listing your LLC title. The petition can be voided for unauthorized signature.
- Demanding more than $20,000. The justice court loses jurisdiction.
- Accepting partial rent after the notice to vacate without a non-waiver clause. Waives the nonpayment ground.
- Using an outdated form revision. Some clerks reject pre-2024 versions on sight.
Do’s and Don’ts
Do’s
- Do download the May 2024 TJCTC petition for every new filing because older versions miss SCRA fields.
- Do run the DoD SCRA check the day you file because results are time-stamped.
- Do attach the lease, notice to vacate, and rent ledger because judges decide many cases on the paper alone.
- Do request alternative service in the petition because tenants often avoid the constable.
- Do check the precinct’s local rules because filing fees and accepted payment methods vary.
- Do keep the e-file confirmation email because it is your only proof of filing date online.
Don’ts
- Don’t accept rent after filing without a written non-waiver because it can defeat your case at trial.
- Don’t try to evict by changing locks or shutting off utilities because Property Code §92.0081 makes self-help eviction illegal.
- Don’t list minor children as defendants because only adults belong on the petition.
- Don’t combine multiple properties on one petition because each property is a separate suit.
- Don’t write “unknown” on the SCRA line without attaching a database printout because the court may require a bond.
- Don’t skip the verification block because an unsworn petition can be struck on the tenant’s motion.
Pros and Cons of Filing on Your Own vs. With Help
Pros of filing pro se
- Saves $500–$2,500 in attorney fees because justice court allows non-lawyer landlords and managers.
- Speeds up filing because you are not waiting on a lawyer’s calendar.
- Keeps full control of strategy because you decide what to plead and what to drop.
- Familiarizes you with the court because most landlords face evictions more than once.
- Works well for clean nonpayment cases because the law and the form are landlord-friendly.
Cons of filing pro se
- Procedural traps such as notice timing and SCRA can void the case.
- Tenant attorneys and Texas RioGrande Legal Aid often appear on the tenant’s side and exploit small errors.
- A losing landlord pays the tenant’s attorney fees if the lease has a prevailing-party clause.
- Appeals to county court are formal and harder to handle alone.
- Time off work for hearings can outweigh the saved legal fees.
Pros of filing with help
- Attorneys spot defenses such as retaliation, repair claims, or improper notice before they sink the case.
- Eviction service companies handle filing, service, and writs for a flat fee.
- A lawyer’s signature can deter tenant counterclaims that pro se filers attract.
- Attorneys can pursue money damages above $20,000 in the proper court at the same time.
- Counsel manages appeals, post-judgment collection, and bankruptcies that follow about 8% of evictions.
Cons of filing with help
- Costs $400–$1,200 per uncontested case and more if contested.
- Delays of a few days to coordinate the lawyer’s intake.
- Less direct knowledge for the landlord on future filings.
- Some flat-fee mills file boilerplate petitions that miss case-specific facts.
- Limited control over strategy and timing.
Filing Channels at a Glance
| Channel | What to Know |
|---|---|
| eFileTexas.gov | Available 24/7; $46–$121 filing fee plus $2 e-file fee; credit card or ACH; clerk issues citation in 1–2 business days; save email receipt |
| In person at justice court clerk | Bring 3 copies; pay by cash, money order, or card; clerk stamps copy as proof; same-day intake |
| By mail | Send 3 copies, SASE, and check to the precinct clerk; adds 3–5 business days; keep tracking |
| By fax | Only some rural precincts; confirm cover sheet and fee; clerk returns stamped first page |
Nonpayment vs. Holdover Petitions
| Feature | Nonpayment | Holdover |
|---|---|---|
| Statute | Property Code §24.005(a) | Property Code §24.005(b) |
| Notice to vacate | 3 days unless lease changes it | 3 days; many leases require longer for month-to-month |
| Money damages allowed | Yes, unpaid rent up to $20,000 | Yes, daily holdover rent up to $20,000 |
| Common defense | Tender of rent, breach of warranty of habitability | Notice of nonrenewal too short, waiver by accepting rent |
| Attorney fees | Available with §24.006 10-day notice or lease clause | Available with lease clause |
FAQs
Do I have to use the official TJCTC form, or can I write my own petition?
No. Texas allows a homemade petition that meets Rule 510.3, but most clerks expect the TJCTC form, and using it cuts rejection risk dramatically.
Can a property manager sign the petition for the owner?
Yes. A non-attorney manager may sign for the owner under Rule 500.4, as long as written authorization exists and the manager lists their title on the signature line.
Do I write the tenant’s nickname or legal name in Section 2?
Yes, write the legal name first and add the nickname as “a/k/a.” Using only a nickname can cause the constable to refuse service or void the writ.
Should the rent due in Section 3 include late fees?
No. Section 3 is rent only. Late fees, NSF fees, and similar charges go in Section 7 so the judge can total damages correctly.
Can I check more than one box for grounds in Section 4?
Yes. Check every ground that applies because dropping a ground at trial is easy, but adding one later requires amending the petition and possibly resetting the hearing.
Does the day I delivered the notice to vacate count toward the 3 days?
No. Under Property Code §24.005(g), the day of delivery does not count, so a notice posted on April 2 makes April 5 the earliest filing day.
Do I have to run the SCRA database before filing?
Yes. Filing without the DoD SCRA report risks bond requirements and lets the tenant reopen the judgment for up to one year under federal law.
Can I sue for property damage on the same petition?
Yes, up to the $20,000 justice court cap. Beyond that, file a separate suit in county or district court so the eviction stays on its fast track.
Is certified-mail notice to vacate enough?
Yes, mail is one of the listed methods in Property Code §24.005. Keep the green card or tracking record because the tenant may deny receipt at trial.
Can I evict without a written lease?
Yes. A tenant-at-will or oral lease still falls under Chapter 24. Check “Other” on Section 4 if needed and explain the tenancy in plain words.
Will the court give me the writ of possession the day I win?
No. Under Rule 510.8, the writ issues no earlier than 6 days after judgment, giving the tenant time to appeal.
Do I need to file a separate petition if there are two adult tenants?
No. List both on Section 2 of the same petition and pay one filing fee plus a service fee per defendant.
Can I file in any Harris County justice court because the property is in Harris County?
No. Venue is by precinct, not county, under Property Code §24.004. Use the precinct locator for the property address before you file.
Does e-filing cost more than walking the petition into the clerk’s office?
Yes, by about $2 per filing for the e-file provider fee, but the speed and 24/7 access through eFileTexas.gov usually outweighs the small surcharge.
Related reading
- How to Fill Out Illinois Complaint in Eviction (w/Examples) + FAQs
- How to Fill Out Texas Answer – Eviction (Justice Court) (w/Examples) + FAQs
- How to Fill Out Texas Citation – Eviction (Justice Court) (w/Examples) + FAQs
- How to Fill Out Texas Original Petition for Divorce (w/Examples) + FAQs
- How to Fill Out Texas Petition – Small Claims (Justice Court) + FAQs
- How to Fill Out Texas Writ of Possession (w/Examples) + FAQs
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