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Supreme Court of Texas, Defendant/Tenant’s Answer in an Eviction Case (2024-12-12)

Citation
Supreme Court of Texas, Defendant/Tenant’s Answer in an Eviction Case (2024-12-12)
Jurisdiction
Texas (state)
Source
Official source

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An eviction lawsuit is the lawsuit filed by the landlord with the justice court in the precinct
where the property is located. Once an eviction is filed, the sheriff, constable, or process
server will deliver an eviction citation to the tenant, which is the court’s notice letting the
tenant know that an eviction lawsuit has been filed against them and provides the date and

Landlord’s Notice to Vacate Prior to Filing Eviction FAQs
November 14, 2024 Page 1 of 4
 time of the eviction trial. An eviction lawsuit is sometimes called a “forceable entry and
detainer” lawsuit or “forceable detainer” lawsuit, depending on the facts.

2. Am I required to give the tenant any notice, such as a notice of lease violation, before I give
the notice to vacate? See Texas Property Code §24.005(a), (b), and (e), and §91.001.

It usually depends on your lease. If the tenant has violated a specific clause in the lease,
such as nonpayment of rent, smoking or an unauthorized occupant or pet, the landlord is
normally only required to provide a notice to vacate unless the lease requires additional
notice be given.

Additional notice may be required in some situations, including:

a. Notice of nonrenewal of lease: If you do not intend to renew the lease, you must
give the tenant notice of nonrenewal as required by your lease. If the tenant does
not move out after receiving the notice of nonrenewal, you must give the tenant
notice to vacate before filing an eviction. When the initial term ends in many leases,
the lease becomes month-to-month, which would also require a notice of
nonrenewal of the lease.