Petition for Forcible Detainer
(Commercial Eviction) (TX)

Summary

This petition for forcible detainer may be filed by a landlord in Texas to commence and a forcible detainer (eviction) action against a commercial tenant. This template contains practical guidance and drafting notes. In Texas, after a landlord has served a commercial tenant that is delinquent in its payment with rent with all pre-suit notices required by the lease and statute, including a notice to vacate, the landlord may commence a forcible detainer action by filing a petition with the justice of the peace court in the county where the leased property is located. The requirements for a petition for forcible detainer are specified in Tex. R. Civ. P. 502.2 and 510.3. The petition must be sworn to by the plaintiff and must contain: 1. A description, including the address, if any, of the premises that the plaintiff seeks possession of 2. A description of the facts and the grounds for eviction 3. A description of when and how notice to vacate was delivered 4. The total amount of rent due and unpaid at the time of filing, if any—and— 5. A statement that attorneys' fees are being sought, if applicable. Tex. R. Civ. P. 510.3. The petition must also meet the requirements of Rule 502.2, which generally requires that a petition filed before justice courts must contain (as applicable): 1. The name of the plaintiff 2. The name, address, telephone number, and fax number, if any, of the plaintiff's attorney, if applicable, or the address, telephone number, and fax number, if any, of the plaintiff 3. The name, address, and telephone number, if known, of the defendant; 4. The amount of money, if any, the plaintiff seeks 5. A description and claimed value of any personal property the plaintiff seeks 6. A description of any other relief requested 7. The basis for the plaintiff's claim against the defendant—and— 8. If the plaintiff consents to email service of the answer and any other motions or pleadings, a statement consenting to email service and email contact information. After it is filed with the court, the petition, together the citation, must be served on the defendant pursuant to Tex. R. Civ. P. 510.4. For further guidance, see Commercial Eviction (TX). For a notice to vacate template, see Notice to Vacate (Commercial Eviction) (TX).