Eviction Cases
Evictions Petition form
Defendant's Answer form
New Rules will apply January 1, 2026 on all cases. Please click the link below to review the changes:
Eviction Rules effective 1/1/26
What is an Eviction?
An eviction case is a lawsuit to recover possession of real property (like land, a house, or
an apartment building) from someone who is occupying it. The most common eviction
case is filed by a landlord to remove a tenant from the landlord’s property. Rule 500.1(d).
If a person is evicted, they are permanently deprived of their right to possession of that
property.
Eviction cases provide a simple, speedy, and inexpensive method for determining who is
entitled to possession of a premises. A court does not determine title (who owns the
property) in an eviction case. The only issue that a court may consider in an eviction case other than who gets
possession of the premises is a claim for back rent (as long as the amount of back rent is
within the jurisdiction of the justice court). Rule 510.3(d); Property Code §
24.0051(b)