Which Texas Laws Govern Eviction Suits?

San Antonio Eviction Lawyer Trey Wilson wrote:

As a lawyer with an active eviction practice in San Antonio, I'm often asked (mostly by other lawyers) where the Texas laws and/or Rules governing evictions can be located. Truth be told, they aren't all in one place, and some cross-checking is required to get the comprehensive picture.

Generally speaking, the statutes governing Forcible Entry & Detainer (including eviction) suits can be found in Chapter 24 of the Texas Property Code.

However, there also exist a detailed series of Rules governing the filing, trial and appeal of eviction suits located in Part VII, Section 3 of the Texas Rules of Civil Procedure. These Rules (738-755) are specific to the procedure to be followed in the Justice and County Court at Law courts where eviction suits are tried and considered on appeal.

Other relevant provisions include Title 8 of the Texas Property Code, which includes Chapter 91 (general provisions applicable to landlords and tenants), Chapter 92 (governing residential tenancies), and Chapter 93 (governing commercial tenancies). and Chapter 94 (governing manufactured home tenancies).

All relevant statutes and rules should be reviewed prior to proceeding with an eviction, so as to avoid falling into a procedural trap or running afoul of any of the applicable provisions.