COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED OCCUPANT.

(a) A property owner or the owner's agent may request the removal of a person under Section 24B.001 by submitting to the sheriff or constable of the county in which the property is located a complaint in substantially the following form that complies with Subsection (b):

COMPLAINT TO REMOVE PERSON OCCUPYING DWELLING

WITHOUT OWNER'S CONSENT

I, _____ (name of complainant), declare under the penalty of perjury that:

(Complete each item as applicable and initial each item.)

___ 1. I am the owner of residential real property located at ______(property address) or the agent of the owner.

___ 2. A person unlawfully entered and occupies a dwelling on the property without the owner's consent.

___ 3. The property was not open to the public when the person entered the property.

___ 4. The property is not the subject of pending litigation between the owner and the person.

___ 5. The owner or the owner's agent has directed the person to leave the property and the person has not done so.

___ 6. The person is not a current or former tenant of the owner under an oral or written lease and any lease produced by the person is fraudulent.

___ 7. The person is not an owner or co-owner of the property and any title to the property that lists the person as an owner or co-owner is fraudulent.

___ 8. The person is not an immediate family member of the owner.

___ 9. I understand that a person removed from the property as a result of this complaint may bring an action against me for any false statement made in the complaint or for wrongfully submitting the complaint.

___ 10. I understand that I may be held liable for actual damages, exemplary damages, court costs, and reasonable attorney's fees in an action described by Item 9.

___ 11. I am requesting that the sheriff or constable immediately remove each person occupying the dwelling without the owner's consent.

___ 12. A copy of my valid government-issued identification is attached and, if I am the owner's agent, a document evidencing my authority to act on the property owner's behalf is attached.

I HAVE READ EACH STATEMENT IN THIS COMPLAINT AND CONFIRM EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT A STATEMENT MADE IN THIS COMPLAINT IS MADE UNDER PENALTY OF PERJURY, PUNISHABLE UNDER SECTION 37.02, PENAL CODE.

____________(signature of complainant)

(b) A complaint submitted under this section must be made under oath or made as an unsworn declaration under Section 132.001, Civil Practice and Remedies Code.