Evictions

Affidavit Requirements

In any eviction suit in which the defendant does not make an appearance, before entering a default judgment, the court “shall require the plaintiff to file with the court an affidavit:

  • Stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or
  • ...[S]tating that the defendant is unable to determine whether or not the defendant is in military service.”

50 U.S.C. Section 3931(b).

The affidavit may be a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury. 50 U.S.C. Section 3931(b)(4).

If the plaintiff fails to file an affidavit under the SCRA in an eviction case, the court may not grant a default judgment.

A person who files a false affidavit or makes a false statement, declaration, verification or certificate knowing it to be false is subject to prosecution under Title 18 of the United States Code and may be fined and/or imprisoned for up to one year. 50 U.S.C. Section 3931(c).

How Can it be Determined if a Property is a Covered Dwelling?

Landlords can go to the Texas Department of Housing and Community Affairs website and click on "HTC Property Inventory (XLSX)" under Additional Guidance and Resources to search a database to determine if their property is subject to the LIHTC restrictions, and can go to the National Low Income Housing Coalition website to check their property against a multi-family housing database.