Helpful Documents for Self-Represented Defendants in Eviction Hearing
If you are a pro se (self-represented) party to an eviction, meaning you are representing yourself without a lawyer, you can use these documents for your defense in court.
The following is for education purposes only and should not be substituted for legal advice. You can seek pro bono (free) legal advice or representation by applying to Texas RioGrande Legal Aid
Defendant Answer: In Justice Court, a written answer is not required. However, it can be helpful to explain a tenant’s defenses to the eviction. Download an answer form here. If there is an appeal from Justice Court to County Court, the tenant must file an answer within 8 days of the County Court receiving the appeal. If the tenant appeals with “Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, Notice of Appeal and Answer” below, that counts as an answer and nothing more is needed.
A tenant will need three copies: a copy for themselves, a copy for the court, and one to give to the opposing party (the opposing party will usually be the tenant’s landlord, management company, or an attorney representing the tenant’s landlord.) To send it to the opposing party, use the contact information that the landlord listed on the eviction petition.
The Eviction Citation should say when the defendant answer is due and where to submit it.
Motion to Continue and Answer: This request form can be used to ask to move the trial date. A tenant should fill in the reason for requesting a continuance, such as that they did not receive at least 3 days notice of a hearing, they are in the process of seeking legal assistance, or they have an illness. A judge is normally not required to grant a continuance. Download this form here.
Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, Notice of Appeal and Answer: Submitting this form is one of the three ways a tenant can appeal if they lose their eviction hearing in the Justice of the Peace court. If a tenant does not have the financial resources to appeal by bond or cash deposit, then the tenant can download this form and hand it to the justice court within 5 days of receiving a judgment. Note: If a tenant uses this form, and the tenant’s case was related to nonpayment of rent, the tenant would also have to pay their monthly rent amount (as stated in the judgment) into the Justice Court registry within 5 days of your appeal.
Motion for Appointment of an Interpreter: A tenant has the right to submit a motion for a Spoken Language Interpreter, which is a professional interpreter that will help translate during the hearing. There is no guarantee that the motion will be granted. Download this form here. More information about the right to an interpreter may be found here.
Learn more on Texas Law Help
Other helpful documents for tenants to submit to the court
These are less frequently needed, but very useful to resolve landlord-tenant disputes.
Locked out of your apartment by your landlord?
Use a Writ of Reentry to get a key to your unit if your landlord has changed the locks to your unit without notice or a court order. Submit this form to the Justice of the Peace precinct for your residence. Landlords must follow a legal process to remove tenants, and cannot just lock out a tenant without giving access to a new key. The landlord must give the tenant a key upon request
Has your landlord wrongfully shut-off your utilities?
Use a Writ of Restoration if your landlord has wrongfully shut off your utility service, including gas, electricity, water, or wastewater. Your landlord generally should not shut off your utilities if you owe money for rent or if you have otherwise violated your lease. Submit this form to the Justice of the Peace precinct for your residence.
Note: Do not use this form if your landlord has shut off your water, wastewater, or gas due to construction, an emergency, or to make necessary repairs.