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Rule 510.3. Petition (2013)
TEXT
(a) Contents. In addition to the requirements of Rule 502.2, a petition in an eviction case 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 attorney fees are being sought, if applicable.
(b) Where Filed. The petition must be filed in the precinct where the premises is located. If it is filed elsewhere, the judge must dismiss the case. The plaintiff will not be entitled to a refund of the filing fee, but will be refunded any service fees paid if the case is dismissed before service is attempted.
(c) Defendants Named. If the eviction is based on a written residential lease, the plaintiff must name as defendants all tenants obligated under the lease residing at the premises whom plaintiff seeks to evict. No judgment or writ of possession may issue or be executed against a tenant obligated under a lease and residing at the premises who is not named in the petition and served with citation.
(d) Claim for Rent. A claim for rent within the justice court's jurisdiction may be asserted in an eviction case.
(e) Only Issue. The court must adjudicate the right to actual possession and not title. Counterclaims and the joinder of suits against third parties are not permitted in eviction cases. A claim that is not asserted because of this rule can be brought in a separate suit in a court of proper jurisdiction.
Added by order of April 15th, 2013, eff. Aug. 31, 2013.
AMENDMENTS