Loading…
The repair-and-remedy filing procedure for the Wichita County Justice of the Peace courts under Property Code Chapter 92: the landlord's liability elements, the information and $166 fee required to file, and the citation, hearing, judgment and appeal.
Applies to repair-and-remedy cases filed in the Wichita County Justice of the Peace courts.
A repair-and-remedy case is a suit by a residential tenant under Chapter 92, Subchapter B of the Texas Property Code to enforce the landlord's duty to repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant; the relief sought cannot exceed $10,000 excluding statutory interest and court costs but including attorney's fees. A landlord is liable only if the tenant gave proper notice of the condition, the condition materially affects health or safety, the tenant gave subsequent written notice, the landlord had reasonable time and made no effort to repair, and the tenant was not delinquent in rent when notice was given. To file, the tenant brings the contact information for both parties, the street address, the lease and notice information, the rent information, the property condition, the relief requested, a $166.00 filing-and-service fee (no personal checks), the last three digits of an individual landlord's driver's license and social security number if available, and a case information sheet with a military affidavit where the landlord is sued as an individual. A citation issues directing the landlord to appear for a trial set not less than 10 nor more than 21 days from filing, served at least six days before trial. The tenant must appear or the case may be dismissed; the judgment may reduce rent and award actual damages, a penalty, costs and attorney's fees; either party may appeal within 21 days.
A repair-and-remedy case is a suit by a residential tenant under Chapter 92, Subchapter B of the Texas Property Code to enforce the landlord's duty to repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant; the relief sought cannot exceed $10,000 excluding statutory interest and court costs but including attorney's fees. A landlord is liable only if t
Reviewer note: Composed 2026-09-06 from the county-site document (read in full). Court-less JP-family filing procedure with the local $166 fee and instructions (a rule, not a generic explainer).
In justice-court eviction cases: the citation sets a personal-appearance trial day not less than 10 nor more than 21 days after the petition is filed; a written answer is permitted but NOT required (appearing on the trial day is what matters); no trial may be held until 4 days after service; and an appeal must be perfected within 5 days after the judgment is signed.
Policy Regarding Pro Se Applicants — Harris County Probate Courts (Probate Court No. 1 posting) — posted on the court's own website — the court-procedure tier (standing procedures, policies, and preferences the court itself publishes), distinct from the TOPICs-registered local-rules tier (TRCP 3a registration applies to local rules). Operative requirements quoted verbatim; the posted document is the controlling text.