Every Form You Need for a Texas Eviction (2026 Set)

Updated 2026-07-01 · Reflects SB 38 (eff. Jan 1, 2026)

A standard Texas nonpayment eviction uses four documents: (1) the notice to pay rent or vacate (SB 38-compliant for first delinquencies), (2) the eviction petition (forcible detainer) filed at the JP precinct, (3) a military status affidavit for each tenant — required before a default judgment under the federal SCRA — and (4) the writ of possession request if the tenant doesn't leave after judgment. All of them are in LandLawKit's Texas library, current to the 2026 revisions.

The notice

Start with the pay-or-vacate notice. Get the amount right (rent only), the deadline right (3+ days), and the delivery right (§24.005 method, documented). LandLawKit's notice builder pre-fills the statutory language and produces a service-record block.

The petition and affidavit

The petition states the ground, the notice you served and how, the rent owed, and your request for possession (and rent/fees if sought). Courts also require a sworn military status affidavit per defendant before granting default judgment — some counties, like Dallas, want it at filing. The official TJCTC versions of both were updated for SB 38; LandLawKit serves the current revisions, checksum-verified against the source.

After judgment

If the tenant stays past the 5-day appeal window, file the writ of possession request with the county's writ fee. If the tenant appeals, the county court will docket a new trial — your same evidence carries over.

Get the official Texas eviction forms

The same petition and forms the justice courts publish, ready to fill.

Frequently asked questions

Are these forms free?

The official court forms are free to download and also free to fill on LandLawKit; Pro adds AI-assisted filling, e-sign, and document management.

Which precinct do I file in?

The JP precinct where the property is physically located — not where you live. Filing in the wrong precinct gets the case dismissed for venue.

Do I need the military affidavit if I know the tenant isn't in the military?

Yes — the court needs the sworn affidavit on file before a default judgment; your personal knowledge goes into the affidavit.

Primary sources: TJCTC official forms · Tex. Prop. Code ch. 24

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Legal information, not legal advice. LandLawKit is not a law firm. For advice about your specific situation, consult a Texas attorney.