RESIDENTIAL EVICTION FOR IMMINENT THREAT
Residential Eviction for Imminent Threat
NOTICE: Residential Eviction for Imminent Threat to Person or Criminal Activity
This shall serve as Notice to all parties regarding "Evictions to recover possession of residential property due to an imminent threat of physical harm or criminal activity"
Under the Fourth Emergency Order regarding Covid-19 State of Disaster, the current stay of eviction proceedings order does not apply to a plaintiff's filing of a sworn residential eviction petition that alleges that the actions of the tenant or the tenant's household members or guests, pose an imminent threat of (i) physical harm to the plaintiff, the plaintiff's employees or other tenants, or (ii) criminal activity that poses an imminent threat of physical harm to the plaintiff, the plaintiff's employees, or other tenants.
Within the sworn petition, the plaintiff/petitioner with personal knowledge must state the reason the defendant(s) should be evicted and state with specificity the threat and/or the criminal activity that poses an imminent threat of physical harm to the plaintiff, the plaintiff's employees or other tenants.
Be advised: A plaintiff/petitioner who under the sworn petition, alleges in bad faith a false claim of imminent threat or activity as a means to circumvent the stay order of the Texas Supreme Court can subject themselves to sanctions. Such sanctions can include awarding the defendant actual costs incurred or caused by the petitioner, attorney's fees and a penalty imposed by the court. Additionally, the court after a show cause hearing could find the plaintiff in contempt and impose punishment to include a fine and/or being placed in jail for a period of up to three days.
The procedural steps to filing an imminent threat case are:
- Filing of a sworn petition that alleges imminent threat;
- Ex parte hearing with the Petitioner to determine whether the imminent threat exists;
- If the court finds an imminent threat showing as been made, the clerk sets the case for electronic/telephonic trial; if the court does not find an imminent threat showing then the case will be set for trial after the Texas Supreme Court lifts the stay on eviction hearings;
- If at trial the court grants judgment for Plaintiff, the normal right to appeal and writ of possession procedures will be followed;
- If at trial the court finds suit was brought in bad faith by a false claim, the Court may impose sanctions and/or conduct a hearing to hold the plaintiff/petitioner in contempt
- Residential Eviction for Imminent Threat petition
- Fees: $46 filing fee
- $75 service fee for each defendant