JUSTICE OF THE PEACE, PCT. 4,
RANDALL COUNTY, TEXAS
4111 S. GEORGIA, SUITE 100
AMARILLO, TEXAS 79110
(806) 468-5658
FAX: (806) 468-5661
EVICTION SUITS
An eviction suit
must be filed in the County and Precinct where the rental property is located.
NOTICE TO VACATE The landlord must give the tenant a written
notice to vacate. It must state the reason for demand of property and give a
specific date by which the tenant must vacate the property. The notice must be
signed by the landlord or landlord’s agent and must include the date and time
of delivery to the tenant. The notice to vacate shall be given in person or by
mail at the property in question. Notice in person may be by personal delivery
to the tenant or any person residing at the premises who is 16 years of age or
older or personal delivery to the premises and affixing the notice to the
inside of the main entry door. If the
property has no mailbox and has a keyless bolting device, alarm system, or
dangerous animal that prevents the landlord from entering the premises to leave
the notice to vacate on the inside of the main entry door, then the landlord
may affix the notice to the outside of the main entry door. Notice by mail may
be by regular mail.
Unless there is a
written lease regulating the notice requirements, the landlord must give the
tenant 72 hours (3 days) notice to vacate in cases pertaining to non-payment of
rent and/or breach of lease.
WHO MAY FILE The owner of the property or the owner’s
agent may file the eviction suit. The agent may represent the owner in cases
pertaining to non-payment of rent and holding over. All other types of cases,
(breach of lease, foreclosure, etc.) Must be represented by the owner or the
owner’s attorney.
SUIT FOR RENT When a eviction suit is filed for
non-payment of rent, the landlord may include in the suit any unpaid back rent
that is owed by the tenant. The amount
must be within the jurisdictional limit of the Court which is $5,000.00. Any damages, late charges or other
charges may not be included in the
suit, however, the landlord may file another suit in small claims court for
these amounts.
FILING AN EVICTION
SUIT If the tenant does
not vacate the property by the date given in the notice, the landlord or agent
may then file an eviction suit. The landlord or agent must fill out the enclosed
petition & affidavit. The petition and affidavit must be signed in front
of the court clerk or in front of a notary public. Bring to this office, the petition & affidavit,
a copy of the notice to vacate and the filing fees in the amount of $17.00
and service fees in the amount of $60.00 per tenant. Each tenant that has signed the lease must
be served with a citation. The exact amount of cash or check will be accepted.
At the time of filing, a hearing date will be set by the Court. The
date will be 6 to 10 days from the date of filing. A citation for each tenant
will be issued to the Randall County Sheriff’s Office to be served on the
tenant. The citation notify’s the tenant that they are being sued for eviction
and they are commanded to appear at the date and time of hearing. Either party
has a right to a JURY TRIAL. A $5.00 jury fee must be paid prior to the hearing
date.
HEARING The landlord or landlord’s agent must appear
in court for the hearing. Proper
representation is essential. The landlord or agent must appear will all
pertinent evidence pertaining to the case, (lease, notice to vacate, etc.) The
burden of proof lies with the landlord. The landlord or agent must show the
Court good and sufficient evidence proving right to regain possession of the
property.
If the landlord
fails to appear for the hearing, the case will be dismissed by the Court and
the landlord will have forfeited all costs and will have to start the process
over.
If the landlord
wishes to drop the suit for whatever reason, (tenant moves, pays rent, etc.) a
letter of dismissal is requested by the Court. Please notify the Court prior to
the hearing so that the docket can be adjusted. At the hearing, a judgment will
be entered for either the landlord or the tenant. Either party has the right to
appeal the decision of the Court within 5 days from date of the judgment.
If a judgment is
rendered in favor of the landlord, the tenant has 5 days to vacate the property
or appeal the decision of the Court. If they do not, the landlord has the right
to obtain a Writ of Possession.
WRIT OF
POSSESSION A writ of
possession is a legal document issued to the Sheriff’s Office by the Court
directing them to take possession of the property and turn possession over to
the landlord. The costs of a writ are
$130.00 The Sheriff’s office is required to give the tenant notice that the
writ will be executed not sooner than 24 hours after the notice is posted. When the writ is executed, the Sheriff’s
office will turn the premises over to the landlord.
IF YOU HAVE ANY
QUESTIONS REGARDING PROCEDURES YOU MAY CONTACT OUR OFFICE. THE JUDGE WILL NOT DISCUSS THE CASE
WITH EITHER PARTY PRIOR TO THE HEARING. THE CLERK’S WILL TRY TO ANSWER ANY
PROCEDURAL QUESTIONS, HOWEVER, THEY ARE NOT ATTORNEY’S AND WILL NOT ANSWER ANY
LEGAL QUESTIONS. IF YOU HAVE ANY LEGAL QUESTIONS, PLEASE CONTACT ANY ATTORNEY
OR CONSULT THE TEXAS PROPERTY CODE WHICH IS AVAILABLE AT THE PUBLIC LIBRARY.