Form 28-14

See section 28.27:4 in this chapter for requirements for sworn complaints for forcible detainer actions.

Effective September 1, 2020, the jurisdictional limits of county courts at law and justice courts will increase to $250,000 and $20,000, respectively. See Acts 2019, 86th Leg., R.S., ch. 696, §§ 2, 32 (S.B. 2342).

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Sworn Complaint for Forcible Detainer

Plaintiff, [name of landlord], (“Plaintiff”) would respectfully show the Court as follows:

1.Jurisdiction.      Pursuant to Tex. Gov’t Code § 27.031(a)(2) and Tex. Prop. Code § 24.004, this Court has jurisdiction over this matter because the real property the subject mat­ter of this suit is located in this justice precinct.

2.Parties.      Plaintiff, [name of landlord], is [an/a] [individual/[type of entity]] autho­rized to do business in the state of Texas. Plaintiff’s address is [address, city, state]. [The last three numbers of Plaintiff’s driver’s license number are [numbers]./Plaintiff has not been issued a driver’s license.] [The last three digits of Plaintiff’s Social Security number are [num­bers]./Plaintiff has not been issued a Social Security number.] Defendant is [an/a] [individual/[type of entity]] in [county] County Justice Precinct [insert number]. Defendant’s telephone number is [number].

3.E-mail Service.      Plaintiff [does/does not] consent to e-mail service.

4.Nonmilitary.      Defendant [is/is not] in active duty military service.

5.Service of Process.      Defendant may be served by personal service at the premises under Tex. R. Civ. P. 510.4(b) or, if required, Tex. R. Civ. P. 510.4(c). Defendant’s address is listed in paragraph 7(a) below. Plaintiff knows of no other home or work addresses of Defen­dant in the county in which the Property is located.

6.Venue.      Under Tex. Civ. Prac. & Rem. Code §§ 15.001, 15.011, and 15.0115, venue is proper in [county] County Precinct [number] because all or part of the Property com­plained of is located in [county] County Precinct [number].

7.Facts.      

a.Plaintiff and Defendant entered into a written lease (the “Lease”) for [describe leased premises] (the “Property”) on [date].

b.Plaintiff has owned and managed the Property at all dates mentioned herein and owns and manages the Property as of this date.

c.Plaintiff has complied with all provisions of the Lease.

d.Defendant has materially breached the Lease in that Defendant has failed to timely make rental payments.

d.Defendant has substantially violated [describe lease provisions violated] of the Lease, to wit, [describe breach].

e.Defendant is currently in arrears in the amount of $[amount].

e.Plaintiff is not seeking an award of rent in this proceeding (see paragraph 10 below).

8.Plaintiff’s Right to Possession.       Under Tex. Civ. Prac. & Rem. Code §§ 15.001, 15.011, and 15.0115, venue is proper in [county] County Precinct [number] because all or part of the Property complained of is located in [county] County Precinct [number]. On [date], Plaintiff [form[s] of delivery of notice to vacate; e.g., hand delivered] to Defendant at the Prop­erty written notice to vacate and demand for possession pursuant to Tex. Prop. Code § 24.005(a). Defendant has failed to surrender possession of the Property to Plaintiff. There­fore, pursuant to Tex. Prop. Code § 24.002, Defendant has committed a forcible detainer, and Plaintiff is entitled to immediate possession of the Property.

9.Attorney’s Fees.      Pursuant to Tex. Prop. Code § 24.006(b) [and Lease paragraph number [number]], Plaintiff is entitled to recover attorney’s fees in the event Plaintiff prevails in this action. Defendant’s default has made it necessary for Plaintiff to employ the under­signed attorney to file suit.

This claim was timely presented to Defendant and remains unpaid.

Defendant agreed to pay reasonable attorney’s fees according to the terms of the Lease.

Reasonable fees for the attorney’s services rendered and to be rendered through trial and appeal are no less than $[amount].

10.Reservation of Rights.      Plaintiff seeks only possession of the Property, court costs, and attorney’s fees; Plaintiff expressly reserves the right to seek all rent and amounts due under the Lease in a court of competent jurisdiction.

11.Prayer.      Plaintiff prays that—

a.Defendant be cited to appear and answer;

b.Plaintiff have judgment against Defendant for Possession of the Property, including removal of Defendant, removal of Defendant’s possessions, and removal of all other occupants;

c.Plaintiff be granted judgment for all rent due and owing under the Lease as of the date of judgment;

d.Plaintiff be granted judgment for all reasonable and necessary attorney’s fees through a motion for rehearing before the Texas Supreme Court;

e.Plaintiff be granted judgment for prejudgment and postjudgment interest on the above sums at the highest rate allowed by law;

f.Plaintiff be granted judgment for all costs of court; and

g.Plaintiff be granted such other and further relief as Plaintiff may be justly entitled.

DATED [date].

Respectfully submitted,

   
[Name of attorney]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

State of Texas)

County of)

BEFORE ME, the undersigned authority, on this day personally appeared ___________________________________, the authorized agent for [name of lessor], and stated that [he/she] has read the above and foregoing Sworn Complaint for Forcible Detainer and that each and every statement contained therein is within [his/her] personal knowledge and is true and correct.

SIGNED under oath before me on ________________.

   
Notary Public, State of Texas