CAUSE NO. _______________

 

____________________________                                         IN THE JUSTICE COURT

                    vs                                                                         PRECINCT FOUR

____________________________                                        RANDALL COUNTY, TEXAS

 

PLAINTIFF’S COMPLAINT FOR EVICTION SUIT

 

NOW COMES ____________________________________________ hereinafter referred to as Plaintiff, and files this complaint on _________________________________________________

______________________________________________________________________________,

hereinafter referred to as Defendant(s), and as grounds for this action, respectfully shows the Court the following:

            1.  Plaintiff resides in Randall County, Texas.  Defendant’s address is _______________

_____________________________________________________________________________.  Plaintiff knows of no other home or work address of the Defendant in the County where premises are located.  Service is required on defendant by personal service at home or work or by alternate service under Rule 742 if necessary.

 

            2.  On the _____ day ____________, 200___, Plaintiff, as landlord, and Defendant, as tenant, entered into a contact by the terms of which Plaintiff let and leased to Defendant for the terms of ______ months, the following described real property located in Justice Precinct One, Randall County, Texas, to-wit:   ____________________________________________________

______________________________________________________________________________

and on the _____ day ____________, 200___, under such lease contract, Defendant entered into possession of said premises from that date to the present time.  Said contact of rental was mutually entered into between Plaintiff and Defendant and provided that Defendant as tenant, would have use of such premises for said term and would pay to Plaintiff on the _______ day of each month, the sum of $ ____________, as rental thereof.

 

            3.         The aforesaid lease contact specifically proved that should Defendant, as tenant, violate any of the provisions of said contact or default in payment of rent, as the same should become due and payable; Plaintiff, as landlord, would have the right and be entitled to terminate the lease, together with Defendant’s right of possession thereunder, and that, upon such termination, Plaintiff would have the right to re-enter said premises and repossess the same fully as though said lease had terminated by the expiration of the rental period, and that Defendant would quietly and peaceably surrender and yield up possession of said premises to Plaintiff.

4.         On the _____ day ____________, 200___, Defendant, as tenant, defaulted in paying rent under the said contract, and though demanded of him, he has failed and refused and still refuses to pay Plaintiff the rental under such contract now due to Plaintiff in the total sum of $________. 

 

5.         Plaintiff being the person entitled thereto as landlord, on the _____ day ____________, 200___, made demand in writing of Defendant for possession of such premises, and such notice and demand was:

            ______ 1.        Delivered to Defendant in person.

            ______2.         Delivered to Defendant’s family member in person

            ______3.         Affixed to said property’s main entrance.

            ______4.         Mailed to Defendant on the same day.

 

6.         Defendant has held over and continues to hold over said premises willfully and without force after such termination of the time for which the same were let and leased to him, after demand, made in writing for the possession thereof by Plaintiff, who is entitled to the possession thereof, and has retained, and still retains possession thereof to Plaintiff’s damage in the sum of $ ___________, being the rental value of said premises during such holding over.

 

7.         Plaintiff would further show the Court that he is hereby entitled to reasonable attorney fees.

 

            WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to appear herein as required by law, that, upon hearing hereof, restitution of said premises be made to Plaintiff, and that Plaintiff recover of Defendant his rent, reasonable attorney fees and costs, and for such other relief as he may show himself justly entitled.

 

_____________________________________                      ______________________________

Plaintiff                                                             Phone

 

________________________________________________________________________

Plaintiff’s Address

 

SWORN TO AND SUBSCRIBED before me this _____ day ____________, 200___.

 

 

                                                                        _____________________________

                                                                        Court Clerk/Judge