In justice court, the tenant is not required to file a written answer. They are allowed to do so if they disagree with the claims in the suit.The landlord must deliver a written "Notice to Vacate" or "Demand for Possession" naming each occupant the landlord seeks to evict from the premises. If the tenant fails to comply, they must vacate the property. Unconditional Quit Notice. This article explains how to ask the judge to set aside (cancel) a default judgment. If you received a notice of default judgment from a Texas court, your only option is to file a motion to set aside the default judgment. Tell the judge the tenant has not paid. It is not always necessary to have an attorney represent the landlord or property owner at an eviction trial. "When can I evict a tenant from my rental property?