{"id":796,"date":"2017-05-07T14:23:54","date_gmt":"2017-05-07T20:23:54","guid":{"rendered":"http:\/\/girlinglaw.wpengine.com\/?page_id=796"},"modified":"2020-10-13T17:47:10","modified_gmt":"2020-10-13T17:47:10","slug":"texas_eviction_dismissal_forms","status":"publish","type":"page","link":"https:\/\/girlinglaw.com\/texas_eviction_dismissal_forms\/","title":{"rendered":"Justice of the Peace Non-Suit \/ Eviction Dismissal Packet"},"content":{"rendered":"

You would think an eviction dismissal was a pretty straightforward matter, right? \u00a0Not so much. \u00a0There are very specific items your Texas eviction dismissal forms need to include. \u00a0There are also very specific steps landlords must take to ensure you preserve your rights.<\/p>\n

The good news is that dismissing an eviction lawsuit is generally uncomplicated for landlord-plaintiffs.\u00a0 The Court will be more than happy to take your case off their docket.\u00a0 They may even assist you a little.<\/p>\n

Eviction Non-Suit Packet $14.95<\/span><\/a><\/div>\n

Dismissing an Eviction is Easy; Doing it Wrong is Easier<\/strong><\/h2>\n

But saying dismissals aren\u2019t that difficult is also like saying dentistry is easy.\u00a0 I mean \u2013 I could go into my garage, pull out a pair of plyers, and remove a problem tooth.\u00a0 Simple, right?\u00a0 It might have been extremely painful.\u00a0 It was certainly unsanitary.\u00a0 But it was<\/em> easy.<\/p>\n

You can absolutely run into your Justice of the Peace office and close out your case with little pomp and circumstance.\u00a0 But will doing this be painful later?\u00a0 Will it be legally<\/em> unsanitary?<\/p>\n

My office has had landlords come to our firm after doing what you\u2019re about to do – closing out their eviction lawsuits.\u00a0 The problem was, they did it too early.\u00a0 And their tenants figured it out\u2026.<\/p>\n

What Happens When You Nonsuit an Eviction Early<\/strong><\/h2>\n

Do you know whether it\u2019s premature to close out your eviction matter?<\/p>\n

In eviction cases, MANY \u2013 IF NOT MOST – settlements are structured in such a way that you must keep the case alive<\/u> until after a specific point in the settlement process.\u00a0 Otherwise, your tenant obtains the ability to force you to re-start the entire eviction process.\u00a0 Can you imagine your tenant laughing when he receives your second notice to vacate?\u00a0 Laughing because he burned<\/em> you?<\/p>\n

Managing a settlement agreement is something the Courts absolutely won\u2019t give you any guidance on.\u00a0 They\u2019re just going to take your non-suit paperwork.\u00a0 A Court Clerk taking your documents and filing them are not the same as the Clerk saying, \u201cYeah \u2013 this is a good idea; this is the right time to file your paperwork.\u201d<\/p>\n

Eviction Non-Suit Packet $14.95<\/span><\/a><\/div><\/p>\n

The Magic Words Involved in Dismissing Your Eviction Lawsuit<\/strong><\/h2>\n

Another problem landlords run into when dismissing their evictions is failing to keep the litigation door open.\u00a0 Dismissing your case doesn\u2019t have to mean you give up your right to sue your tenant again in the future.\u00a0 Yet, landlords do this routinely.<\/p>\n

When I see landlords giving up all of their rights like this, it\u2019s nearly always because they\u2019ve pulled down forms from the internet.\u00a0 Because the internet is such a useful and accurate repository of legal advice, right!?!<\/p>\n

It may seem silly; it may seem like a little thing, but it\u2019s true: you need to include two very important words in your proposed Order of Non-Suit.\u00a0 Without these two words, you\u2019re potentially laying a trap for yourself.\u00a0 Magic words\u2026.<\/p>\n

Not to worry, though!\u00a0 Girling Law\u2019s Texas Justice of the Peace Non-Suit Packet includes all the magic words you need to keep yourself out of trouble.\u00a0 Use our forms for your dismissal and you\u2019re good to go!<\/p>\n

Eviction Non-Suit Packet $14.95<\/span><\/a><\/div><\/p>\n

Why You Want to Retain the Right to Sue Your Tenant in the Future<\/strong><\/h2>\n

You\u2019re probably thinking to yourself, \u201cThis tenant\u2019s been a complete pain in my\u2026 neck!\u201d\u00a0 (You were going to say \u201cneck,\u201d right?) \u201cWhy on earth would I want to keep open the door to sue him in the future?\u201d<\/p>\n

One reason is that you may not have had a chance to see the condition of the inside of your property.\u00a0 If you have no clue what you\u2019re facing on the upcoming make-ready, you absolutely need to avoid closing the door on any litigation against your tenant.<\/p>\n

There\u2019s another big reason though.\u00a0 The biggest, in fact\u2026.<\/p>\n

What if your tenant sues you in the future?<\/p>\n

You will want to have the right to counter-sue him for everything you can.\u00a0 As a defendant in a lawsuit, counter-suing the plaintiff is arguably the strongest way for you to create leverage.\u00a0 And you\u2019ll want all the leverage you can get.<\/p>\n

Did you have a written lease agreement with your tenant?\u00a0 He has four years from the time he vacates your rental property to sue you.\u00a0 A lot if lawyers would even argue they have four years on an oral contract, too.<\/p>\n

\u201cWhat would he sue me for?\u201d you ask?\u00a0 It doesn\u2019t matter.\u00a0 In Texas, you only need a pulse and $300.00 to sue anybody.<\/p>\n

Why make defending a lawsuit harder on your attorney?<\/p>\n

Dismiss your lawsuit correctly<\/em>.<\/p>\n

Click on the red button below to get started.<\/p>\n

Eviction Non-Suit Packet $14.95<\/span><\/a><\/div><\/p>\n<\/div>
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