Questions and Answers
What is the definition of Forcible Detainer?
What is the required notice period for a tenant to vacate?
At least three days
What must be included in a citation?
Specific notice about obtaining a lawyer or free legal assistance
How many days before trial must a defendant be served?
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What determines the proper venue in a forcible detainer suit?
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What happens if a party cannot afford an appeal bond?
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What is required for a tenant to remain in possession during the appeal process?
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A writ of possession may be issued the day after the judgment is signed.
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What is the exclusive original jurisdiction in forcible detainer cases?
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A tenant who appeals must pay future rent as it becomes due each month to the __________ registry.
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The notice to vacate must be given either in person or by mail.
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What is a tenant's 'cure right'?
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What must the landlord provide before filing a forcible detainer suit?
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Study Notes
Forcible Detainer and Eviction Laws
- Forcible Detainer defined under Texas Property Code § 24.001-24.006 and involves eviction suits as governed by TRCP Rule 510.
- Eviction suits allow landlords to regain possession of property legally.
Notice to Vacate
- Required under Texas Property Code § 24.005 and § 91.001, specifying the length of time tenants have to vacate.
- Must be provided before filing an eviction suit, typically a minimum of three days for tenants in default.
Citation and Service of Citation
- Under TRCP Rule 510, service of citation can occur to the tenant or an individual over 16 at the premises.
- Citation must include information regarding legal representation options.
Trial Timing
- Per TRCP Rule 510.4, eviction trials must occur within 10 to 21 days from the petition date, with prior tenant notification of at least 6 days.
Jury Trial Demand
- TRCP Rule 510 allows for a jury trial upon demand and payment of fees at least three days before the trial date.
Jurisdiction and Venue
- Justice courts in the property’s precinct hold exclusive original jurisdiction in forcible detainer cases, as stated in the Texas Government Code § 27.031(a)(2).
- Venue must align with the property's location, outlined in Texas Property Code § 24.004.
Possession Bond
- TRCP Rule 510 allows landlords to secure possession via a bond within 6 days after notifying the tenant of the bond.
Appeal Process
- Parties may appeal a judgment within 5 days, filing an appeal bond as set by the justice of the peace (TRCP Rule 510).
- Inability to afford a bond can be addressed with an affidavit of inability.
Tenant Rights During Appeal
- Tenants wishing to retain possession during appeals must pay one month's rent into the court registry within 5 days of the affidavit submission (TRCP Rule 510).
Cure Rights
- Limited to a one-time cure for missed payments if appealing with a pauper's affidavit, as specified in Texas Property Code § 24.0054.
Eviction Appeal Process
- Appeals result in a de novo trial at county court, necessitating a written answer from defendants who hadn’t responded in justice court (TRCP Rule 510).
Legislative Revisions and New Regulations (2016)
- Chapter 24 underwent significant revisions, including new sections regarding appeal bonds and tenant rights during appeals.
- TPC 24A introduced new regulations concerning access to retrieve personal property and duties of peace officers.
Writ of Possession
- Issuance of a writ can occur no earlier than six days post-judgment (Texas Property Code § 24.0061) and requires tenant notice 24 hours prior to execution.
Warehouseman's Lien
- Tenants can reclaim property from a warehouseman by settling moving and storage fees, as described in Texas Property Code § 24.0062.
Definition of Forcible Entry and Detainer
- Forcible entry and detainer includes illegal occupancy without authority, as defined in Texas Property Code § 24.001.
Notice Requirements
- Notice to vacate must be delivered in person or via mail, following specific procedural guidelines to ensure tenant acknowledgment.
Calculation and Effect of Notice
- The notice period starts from the day of delivery and constitutes a demand for possession under Section 24.002.
Notice to Pay or Vacate
- If rent is overdue, landlords can combine this demand with eviction notices, outlining failure to pay as grounds for eviction.
Comprehensive Eviction Rules
- Governed by TRCP Rule 510, detailing the process and procedures landlords must follow to conduct evictions legally.
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Description
Test your knowledge on evictions in Texas with this set of flashcards. Each card covers key terms and relevant Texas Property Codes that govern eviction practices. Perfect for law students or anyone interested in Texas landlord-tenant law.
