---
title: "Leave the tenant's possession affidavit for the lawyer"
url: "https://ailawframework.com/practice/commercial-property-and-leasing/draft-the-tenant-s-affidavit-in-a-lease-possession-claim-in-the-supreme/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A10-B15-6-US"
practice_area: "Commercial Property & Leasing"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Leave the tenant's possession affidavit for the lawyer

> Write nothing. Do not prepare a heading, a paragraph, or the closing words of an affidavit or of a declaration. List only the names of the lease and the possession notices already in the file.

Canonical page: https://ailawframework.com/practice/commercial-property-and-leasing/draft-the-tenant-s-affidavit-in-a-lease-possession-claim-in-the-supreme/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Property & Leasing](https://ailawframework.com/practice/commercial-property-and-leasing.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Write nothing. Do not prepare a heading, a paragraph, or the closing words of an affidavit or of a declaration. List only the names of the lease and the possession notices already in the file. |
| What the lawyer must review | 28 U.S.C. § 1746 allows an unsworn declaration under penalty of perjury, in the form that section sets out, where federal law would otherwise call for a sworn writing. You write the evidence. Texas Property Code § 93.002 limits a commercial landlord's interruption of utilities paid directly by the tenant, and it limits exclusion of the tenant. Chapter 93 is not a residential possession code. |
| Written for | United States |
| Applies to | [Draft the tenant's affidavit in a lease possession claim in the Supreme Court of Western Australia](https://ailawframework.com/practice/commercial-property-and-leasing/draft-the-tenant-s-affidavit-in-a-lease-possession-claim-in-the-supreme.md) |

## Checking plan

- What the AI does: Write nothing. Do not prepare a heading, a paragraph, or the closing words of an affidavit or of a declaration. List only the names of the lease and the possession notices already in the file.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not copy the statutory form into a template.
- A residential possession statute was not opened for this commercial file.
- A state court may require its own form of evidence. That form was not opened.

## Sources

- [28 U.S.C. § 1746, Unsworn declarations under penalty of perjury](https://www.law.cornell.edu/uscode/text/28/1746) (checked 2026-10-22)
- [Texas Property Code Chapter 93, Commercial Tenancies](https://statutes.capitol.texas.gov/Docs/PR/htm/PR.93.htm) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*