Issues in Texas Eviction Suits are Limited to Possession and Rent

San Antonio Eviction Lawyer Trey Wilson wrote:

Despite the frequent desire of both landlords and tenants to make eviction cases about "bigger and broader" disputes, Texas law limits the scope of issues that may be presented to the Court in Forcible Entry & Detainer ("FE & D")suits.

Specifically, two Rules contained in the Texas Rules of Civil Procedure provide express limits on what matters an eviction court may consider. Rule 746 states that in forcible entry cases and forcible detainer cases, the only issue "shall be as to the right of actual possession." However, Rule 738 provides that a "suit for rent" may be joined with an FE & D action "whenever the suit for rent is within the jurisdiction of the justice court."

Because of these specific limitations on the topics within the Justice Court's jurisdiction in an eviction lawsuit, Bexar County Judges will generally not permit testimony about collateral issues such as whether a landlord has failed to repair certain items, the condiction of the rental property, or the tenant's hygine and living conditions. While these matters may be relevant to the overall dispute between the landlord and tenant, they are required to be brought in a separate suit in a Court of appropriate jurisdiction.