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Texas Eviction Defense Packet

Free legal self-help guide for Tennessee residents. This packet provides LSC-grade legal information to help you understand your rights and navigate the court system.


title: "Texas Eviction Defense - Complete LSC Packet with Forms"

state: "TX"

category: "Eviction Defense"

date: "2026-03-20"

price: "$67"

lsc_grade: true

version: "COMPLETE_WITH_FORMS"


Texas Eviction Defense Packet

Templates for informational purposes only. Not legal advice.


ELIGIBILITY CHECKLIST

  • [ ] You have received an eviction notice or citation from your landlord
  • [ ] Your landlord did NOT give you proper written notice before filing (e.g., at least 3 days for non-payment under Tex. Prop. Code § 24.005; [NOTE: STATE-SPECIFIC] hearings must be scheduled within 10-21 days per SB 38, effective September 1, 2025)
  • [ ] The eviction notice contains wrong information (e.g., wrong address, amount, or names)
  • [ ] You paid all or part of the rent (have proof, such as receipts or bank records)
  • [ ] Your landlord accepted rent after giving you a notice to vacate
  • [ ] Your landlord is discriminating against you based on a protected class (e.g., race, gender, disability under federal Fair Housing Act and Tex. Prop. Code § 92.331)
  • [ ] Your landlord refused your payment
  • [ ] Your landlord failed to make repairs affecting health or safety (e.g., under Tex. Prop. Code § 92.051 et seq.)
  • [ ] Your landlord is retaliating against you for complaining about conditions (e.g., under Tex. Prop. Code § 92.331)
  • [ ] [NOTE: STATE-SPECIFIC] If the issue involves unauthorized occupants or squatters, your landlord must use the expedited removal process under Tex. Prop. Code Ch. 24 (as amended by SB 38, 2025)

FORM 1: ANSWER TO EVICTION PETITION — BLANK TEMPLATE

> INSTRUCTIONS: Type or print neatly in black ink. Replace bracketed text [LIKE THIS] with your information. File with the Justice of the Peace Court Clerk before your hearing date. [NOTE: STATE-SPECIFIC] Filing fee is typically $101–$226 depending on the county; check your local Justice Court. Hearings must be scheduled within 10-21 days of filing under Tex. Prop. Code Ch. 24 (as amended by SB 38, 2025).

`

________________________________________________________________________________

STATE OF TEXAS )

) ss.

COUNTY OF [COUNTY] )

________________________________________________________________________________

[LANDLORD'S NAME],

Plaintiff,

v.

[YOUR FULL NAME],

Defendant.

________________________________________________________________________________

ANSWER TO EVICTION PETITION

________________________________________________________________________________

COMES NOW the Defendant, [YOUR FULL NAME], by and through undersigned counsel

or appearing pro se, and files this Answer to the Eviction Petition filed in

this matter, and states as follows:

I. RESPONSE TO ALLEGATIONS

  1. Defendant [ADMIT / DENY] that the Eviction Petition was properly served.
  1. Defendant [ADMIT / DENY] that Defendant is in possession of the premises

located at [YOUR ADDRESS], [CITY], Texas [ZIP CODE].

  1. Defendant [ADMIT / DENY] that Defendant owes rent in the amount claimed

by Plaintiff.

  1. Defendant [ADMIT / DENY] that Defendant violated the terms of the lease

as alleged by Plaintiff.

II. AFFIRMATIVE DEFENSES

  1. Defendant asserts the following defenses (check all that apply):

[ ] IMPROPER NOTICE — Plaintiff failed to give proper written notice

before filing this Eviction Petition as required by Tex. Prop. Code § 24.005.

[ ] PAYMENT OF RENT — Defendant has paid all or part of the rent owed and

has proof of payment.

[ ] ACCEPTANCE OF RENT — Plaintiff accepted rent after issuing a notice to vacate.

[ ] DISCRIMINATION — Plaintiff is discriminating against Defendant based on

a protected class under Tex. Prop. Code § 92.331.

[ ] REFUSAL OF PAYMENT — Plaintiff wrongfully refused Defendant's rent payment.

[ ] FAILURE TO REPAIR — Plaintiff failed to make necessary repairs affecting

health or safety as required by Tex. Prop. Code § 92.051 et seq.

[ ] RETALIATION — Plaintiff is retaliating against Defendant for complaining

about housing conditions under Tex. Prop. Code § 92.331.

[ ] [NOTE: STATE-SPECIFIC] UNAUTHORIZED OCCUPANT DEFENSE — If applicable, Plaintiff

must follow the expedited removal process for squatters under Tex. Prop. Code Ch. 24

(as amended by SB 38, 2025), and this does not apply to Defendant.

III. RELIEF REQUESTED

  1. Defendant requests that the Court dismiss the Eviction Petition and award

any other relief deemed just and proper, including attorney's fees if applicable

under Tex. Prop. Code § 24.006.

________________________________________________________________________________

Dated: [DATE]

[YOUR FULL NAME]

Defendant, Pro Se

[YOUR ADDRESS]

[CITY, STATE ZIP CODE]

[YOUR PHONE NUMBER]

[YOUR EMAIL ADDRESS]

________________________________________________________________________________

`

Templates are for informational purposes only and do not constitute legal advice.

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