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Evictions, Writs of Retrieval, Re-Entry and Restoration

**Important Information Regarding Eviction Cases**

Federal Eviction Moratorium Update 09-03-20


Eviction Information Packet

   An eviction case is a lawsuit brought to recover possession of real property under Chapter 24 of
   the Texas Property Code, often by a landlord against a tenant.

   A claim for rent may be joined with an eviction case if the amount of rent due and unpaid is not more
   than $10,000, excluding statutory interest and court costs but including attorney fees, if any. Eviction
   cases are governed by Rules 500-507 and 510 of Part V of the Rules of Civil Procedure. To the extent
   of any conflict between Rule 510 and the rest of the Part V, Rule 510 applies. 

   Evictions MUST be filed in the proper Precinct (where premises is located) or the case will be dismissed.

   To help determine which precinct to file your claim, please click Ector County Precinct Map.
   If you cannot determine the precinct, you can call the Ector County Elections office to 
   determine which precinct an address is located at (432) 498-4030.

   For information on Justice Court Rules, please visit Texas Judicial Branch Rules and Forms website.

   A court date will be provided when case is processed.

Eviction Petition

   This link will take you to a form for an eviction petition. Use this form to file your eviction petition.
   Be sure to fill the form out completely including your address, phone, number and an email address
   if you are willing to accept correspondence through email. 

Repair & Remedy Petition

   A repair and remedy case is a lawsuit filed by a residential tenant under Chapter 92, Subchapter B
   of the Texas Property Code to enforce the landlord's duty to repair or remedy a condition
   materially affecting the physical health or safety of an ordinary tenant. This link will take you to a form
   for a repair and remedy petition. Use this form to file your repair and remedy petition. Be sure to fill
   the form out completely including your address, phone number and an email address if you are
   willing to accept correspondence through email. 

    For information on the Texas Property Code, please visit Texas Constitution and Statutes website. 

Application for Writ of Retrieval

   If a person is unable to enter a residence or former residence to retrieve property belonging to
   the person or the person's dependent because the current occupant is denying the person entry,
   the person may apply to the Justice Court for an order authorizing the person to enter the
   residence accompanied by a peace officer to retrieve specific items of personal property according
   to the Texas Property Code Section 24A. 002.

   The applicant under oath must certify that the applicant or the applicant's minor dependent
   requires personal items located in the residence that are only of the following types:

  • medical records;
  • medicine and medical supplies;
  • clothing;
  • child care items;
  • legal or financial documents;
  • checks, bank cards or credit cards in the same name as the applicant;
  • employment records; or
  • personal identification documents.

   If the Judge grants the application, a bond will be set, a hearing date and time will be issued and
   the occupant will be served with notice of the hearing. 

Application for Writ of Re-Entry

    If a landlord has locked a residential or commercial tenant out of leased premises in violation of the
    Texas Property Code Section 92.0081 and 92.009 (residential) or Section 93.002 and 
    93.003(commercial), the tenant may recover possession of the premises.

   To determine venue for your case, refer to the Texas Property 92.009(b) if a residential tenancy,
   or Section 93.003(b) if a commercial tenancy.

   For more information on the Texas Property Code, please visit Texas Constitution and Statues.

Application for Writ of Restoration (interruption of utilities)

    Except as provided by section 92.008 Texas Property Code, a landlord or landlord's agent may
    not interrupt or cause the interruption of the utility service (water, waste water, gas or electric service)
    of a tenant, unless the interruption results from bona fide repairs, or construction or an emergency.
    A rental property owner may interrupt electric service to certain residents provided that written
    notice and other procedures are strictly followed. Refer to Texas Property Code sections 92.008,
    92.0091, and 92.301.

   For more information on the Texas Property Code, please visit Texas Constitution and Statues website. 

Statement of Inability to Pay Court Costs

   Courts must not deny you access to justice simply because you cannot afford filing fees or service fees.
   If you are unable to pay those fees, fill out a Statement of Inability to Afford Payment of Court Costs
   form. You must swear to the information that you provide on this form and face legal consequences
   if you do not fill it out to the best of your ability. Fill out the form completely and truthfully!