Filing fee:
$91.00 ($31.00 court cost $60.00 service fee). The amount of the debt for which you may sue may not exceed the limit of the court, which is $10,000.00.
Eviction Suits
must be filed in the precinct and county where the property is located.
A 3-DAY NOTICE
must be given unless the signed lease states otherwise. If the notice is mailed, tenant must be given 5 days from mailing date before suit is filed. The suit may be filed after notice has been given and the time passed. EXAMPLE OF 3-DAY NOTICE:
"(Date) - This is your written notice to vacate these premises
within three (3) days and give reason."
This notice must be delivered personally, or by mail, or by posting to the inside of the main entry door, and must be unconditional.
After your affidavit has been filed in this office, you will be given a court date, a citation will be issued and given to the Constable to be served. The court date will be no less than 6 days and no more than 10 days from date of service.
In court you will be responsible for providing the following information:
Date lease or rental agreement began.Is agreement still valid on a month to month basis?
Term of lease including rent per month and date rent is due.
Amount of pure,(no
utilities or late charges),
unpaid, back rent that is due through the court date and how it is
computed.
Date that proper written notice to vacate was given to tenant.
In summary, state specifically what you are pleading
for.Example:I am pleading for possession of property, back rent in the
amount of $________ and court cost.
Be
sure and have your lease, copy of vacate notice, and payment records
available for the Judge in the event she asks to see them.The person who delivered the eviction notice must be present
for court to testify if defendant contests the case on grounds that no
notice was received.
If
you accept back rent after your suit is filed, be sure tenant is told
that you are going ahead and prosecuting the eviction suit.
If you
receive a judgement, the court does not collect the money for you.
If
the Tenant does not move or appeal within 5 days after you have a
judgement for possession, you may file a writ of possession.A writ of possession gives the Constable the authority to move
the tenant out.
We cannot
give legal advice, but we will try to answer procedural questions you
may have.
If
filing for other than non-payment of rent, different rules will apply.
