Petition For Eviction Texas: Fill & Download for Free

Jurisdiction? In Texas, Municipal Judges and Justices of the Peace (JP) do not have to be lawyers. Muni Judge hear violations and traffic misdemeanors and the very lowest of misdemeanors punishable by fine only, they also hold initial bail hearings and hear petitions for search warrants.JPs hear Class C misdemeanors, evictions and small claims and petitions for Search warrants. JPs have sole jurisdiction for evictions.All other Texas judges require a entry to the bar.

I’m not a landlord but I can offer a good story.im currently making my landlord endure a difficult and costly eviction. in December he had me send the rent via Venmo but the amount was so high and sent to someone I’d not paid before so they froze my account and held all of my money for three weeks while they did their investigation. He was understanding and I showed him all the correspondence between me and Venmo. He kept assuring me not to worry; I could take care of it when it was resolved.the day after New Years he starts demanding I pay immediately and accusing me of lying to him. He tells me he found out the person living with me was not a roommate but a spouse. I had never referred to him as a roommate but a neighbor told him that because as she told me “mr Louis don’t like all that other.” We are a married gay couple.since he wanted the money immediately (which it was a Sunday so…) i told him I would apply for rental assistance the next day. It’s a program for hiv positive people and I’ve used it before so I knew it would be approved. At this point I owed him $455. They would have paid that and the next five months. but they needed a written copy of the lease (which he always made excuses for not giving me) and a w-9 for tax purposes. We agreed that I’d take care of the assistance by the end of the week.the next day he found out the program was for hiv positive people while looking up the agency I was using. While I was in the office getting approved, they sent him a request for the lease and the tax info. He flipped out at me over the phone and told me his patience has run out and he doesn’t want us living there anymore. He gave us until Wednesday to be out. I sent him the cdc declaration and told him he’d have his money in an hour or two. He refused to accept it. He told me I was in the house illegally and the cdc form didn’t apply to me because I had no lease. We were renting month to month on an oral agreement in his mind. He told me I had no rights and that’s why he never gave us a lease. he accused me of playing games and threatened to call the police if we weren’t out within an hour.the case worker called an attorney friend of hers with the volunteer lawyers program who informed me of my rights. By this point Venmo had returned my money so I offered to pay him myself. I also informed him I had gotten legal advice and was aware of my rights. I offered to put it all behind us and move on.the next day he responded with a 30 day notice. I tried to pay him again but was refused. So I went to deposit it into his business account (which was how he had everyone pay him all of the other months) and he had me flagged by the bank so they wouldn’t accept a deposit from me and threatened to call the police. By this point I was livid.he also shut off the gas service. He sent two threatening letters where he told me he has no intention of renting the house to anyone “especially not you.” He has sent neighbors over to ask us when we are moving and to tell us he is calling the police. He’s angrily berated a neighbor for not telling him we were a gay couple.the big Texas winter storm was now almost four weeks ago and he still won’t respond to me or take action to fix the burst pipes. We have had no running water for almost a month. I have paid $700 out of pocket for a plumber but he had so poorly maintained the pipes that they still have to replace a lot and even when they do, he hasn’t repaired any of the neighbors pipes. He owns the entire block of houses but has them listed as one multi family property to avoid paying the full tax amount. He also has multiple houses on the same water line and meter so until he fixes the others, we’ll have no water pressure and water will continue to spray into the yard.he’s trying to evict for holdover. He submitted out of context snippets of text message conversations with his petition. He submitted a notice to vacate letter to the court that was different than the one i received. He falsely stated that he had provided me with the cares act info and that I had not given him a cdc declaration.I have filed an answer with the court, paid for a jury trial, and submitted all our communications including the cdc form. I have submitted proof of every attempt to pay.there is currently about a three month delay in our local Jp court for eviction hearings. He filed on February 5, so we won’t even have a court date until late April or early May. Even without an attorney I have a pretty good case for winning. Illegal procedures, retaliation, discrimination, attempted constructive eviction. I’ll hold him up as long as I can. And since he won’t accept money I won’t even try to pay him anymore.im also talking to a lawyer about suing him for retaliatory eviction, discrimination, unsafe living conditions, and unethical business practices.ive reported him to the city, the county, the state, and HUD. I’ve been interviewed on camera for a news story. I’ve joined a tenant group that is planning a protest at the office where he works his regular job as a business broker.All of this started over $455 that was only unpaid for three weeks because of something he insisted I do. It was his fault this situation even occurred. Then when I tried to remedy it, he refused. So now instead of being paid the $455, as well as the rent for January through March, he is out -$2855 right now. Plus the court costs and the fact that it’ll be another two months before court means I’ll have cost him at least $4455 at the bare minimum. If I win any of these lawsuits, that’ll add up. Plus the fines he’ll end up getting from the city.he has the money. I pulled a background check on him. He’s some middle eastern guy who made a ton of money in oil over there then moved here and started investing in rentals and switched to working in business broker services.im going to make this as costly and miserable as I can for him. I did nothing wrong here and he’s being petty and unreasonable. During a pandemic. That’s just not something he’s going to get away with.

I can only speak as to Texas law. You cannot make them leave because personalities do not match. If there is a MATERIAL breach if written lease terms, you can petition a Justice for eviction. However, you must have EXCELLENT evidence to back up your claim and the issue must be material. Consider a non-renewal of the existing Lease.