If a tenant refuses to
surrender possession of real property after a proper, written demand for
possession by one entitled to such possession, the tenant commits a forcible
detainer. TEX. PROP. CODE ANN. § 24.002 (West 2000); see Coinmach
Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909, 915 (Tex. 2013); Kennedy v.
Andover Place Apartments, 203 S.W.3d 495, 497 (Tex. App.—Houston [14th Dist.] 2006,
no pet.).
The purpose of a forcible detainer action (also known as an eviction lawsuit) is to determine who has the
right to possession of the premises. Marshall v. Hous. Auth. of San Antonio, 198 S.W.3d 782, 785
(Tex. 2006); McGlothlin
v. Kliebert,
672 S.W.2d 231, 232 (Tex. 1984). By law, a forcible detainer action must be filed in the Justice Court in the County and precinct in which the property is located.
“To prevail in a forcible detainer action, . .
. the plaintiff must present sufficient evidence of ownership to demonstrate a
superior right to immediate possession.” Dormady v. Dinero Land & Cattle Co.,
L.C.,
61 S.W.3d 555, 557 (Tex. App.—San Antonio 2001, pet. dism’d w.o.j.); accord Rice v.
Pinney,
51 S.W.3d 705, 709 (Tex. App.—Dallas 2001, no pet.).
A plaintiff may demonstrate
its superior right to possession by showing it is entitled to evict the tenant
for cause, such as under the terms of the lease. See Hinojosa v.
Hous. Auth. of Laredo,
940 S.W.2d 763, 765–66 (Tex. App.—San Antonio 1997, no writ); Barajas v. Hous.
Auth. of Harlingen,
882 S.W.2d 853, 855–56 (Tex. App.—Corpus Christi 1994, no writ). In addition, a Plaintiff may demonstrate his ownership and right to possession by presenting a deed reflecting title to the property.
