San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:
It is imperative that the Landlord's Petition filed in an eviction suit be sworn, with the Plaintiff or his agent testifying that the contents are true and correct.
This requirement is found in two places in Texas law, and failure to verify a Petition can result in dismissal of an eviction suit, which extends the period of time that a bad tenant can remain in the property.
First, Section 24.0051(a) of the Texas Property Code provides: "In a suit filed in justice court in which the landlord files a sworn statement seeking judgment against a tenant for possession of the premises and unpaid rent, [proper] service on the tenant... is procedurally sufficient to support a default judgment for possession of the premises and unpaid rent."
The flip side of this coin is that, in the event that a tenant/defendant makes default in the eviction suit, an unsworn petition does not constitute sufficient evidence to support a Judgment. Rather, Judgment in those circumstances can only be supported by live, sworn testimony given by the Plaintiff/landlord. Texas Justice Court judges are understandably irritated with the notion of having to accept testimony (and essentially conduct a trial) when the tenant didn't even bother to file an Answer or show up for Court. At least one Bexar County JP will not accept evidence from the landlord where the tenant makes default.
New Rule of Civil Procedure 510.3(a) also, very plainly, requires that eviction Petitions be sworn.
