Notice To Vacate printable pdf download

Justice of the Peace 1-3

11408 Leopard, Corpus Christi, TX 78401

(361) 241-1222 Fax (361) 242-2477

GENERAL PROCEDURES FOR FILING AN EVICTION

Eviction cases must be filed in the Justice Court in the precinct and county in which the real

property is located. By statute, the landlord must give the tenant written notice of the eviction suit before filing

a suit for Eviction. The number of days given in the notice to vacate vary depending on the written lease or

agreement. Texas Property Code, Sec. 24.005 sets out the notice requirements for eviction suits.

You are required to bring a copy of the Notice to Vacate and should also bring a copy of the lease and any

documentation that will assist you in proving your case. A suit for rent may be filed with the eviction suit if the

amount due is within the jurisdiction of the Justice Court. Charges for items other than rent, such as late fees or

damage to the property, cannot be joined with the suit for eviction.

The fee for filing a Complaint for Eviction is dependant on the number of Defendants named in the

Complaint. A Defendant is defined as anyone who has signed the lease, contract, or agreement as an occupant.

The filing and service fee for one Defendant is $106.00. Please see list of JP Filing fees for all other fees.

At the time of filing, the Court Clerk will issue a receipt. The receipt will include the case number and

the court date. Please refer to your case number when communicating with the court regarding your case. The

Court will then issue a citation to the Defendant(s) commanding him/her to appear before the Justice of the

Peace on the assigned court date. A copy of the petition will be attached to the citation and both the citation

and the attached petition will be served upon the Defendant by the Constable’s office.

At that court proceeding, some rules of courtroom decorum apply. The parties should not appear in

shorts. Comments should be directed to the Judge, not the opposing party. Do not argue with the Judge or the

opposing party. Do not present the case leaning over the Judge's bench. Be organized and prepare your

testimony and arguments before trial. At the conclusion of the evidence, the Judge will either rule from the

bench and give both parties a copy of the judgment, or take the case under advisement, in which case, the

parties will be notified by a clerk when the judgment is signed.

There is no motion for new trial in an Eviction proceeding. Either party (tenant or landlord) has five (5)

days to appeal the court's decision. If judgment is rendered against the tenant, the tenant has five days from the

date of the judgment to move from the premises or appeal the case to county court. If the tenant does not move

out or appeal the case at the end of the five day period, the landlord may request a Writ of Possession on the

sixth day. The Writ of Possession costs $165.00 and allows the Constable to oversee the move-out of the

Defendant(s) out of the leased premises, and see that no breach of the peace is violated. Questions involving

the execution of the writ should be directed to the Constable of Precinct 1 at 241-1222.

Often the Plaintiff will find it difficult to collect their judgment on past rent due. Please see our Post

Judgment remedies to find out how to collect the judgment.

As a matter of law, the Clerks of the Court and the Justice of the Peace are prohibited from giving legal

advice or discussing any material fact of the lawsuit with a litigant. If you have any further questions,

please seek the advice of an attorney.

Notice To Vacate