EVICTION SUITS MUST BE FILED IN JUSTICE COURT BUT ARE SUBJECT TO AUTOMATIC APPEAL TO COUNTY COURT

San Antonio Eviction Lawyer - Bexar County Eviction Attorney - Trey Wilson Attorney in San Antonio, Texas wrote:

A relatively new series of rules located within Chapter 500 of the Texas Rules of Civil Procedure govern all claims filed in the Justice Courts. Among the different classes of claims are eviction or "forcible entry and detainer" suits.

Section 24.004(a) of the Texas Property Code provides that exclusive jurisdiction for eviction suits lies in the Justice Courts:

Except as provided by Subsection (b), a justice court in the precinct in which the real property is located has jurisdiction in eviction suits. Eviction suits include forcible entry and detainer and forcible detainer suits. A justice court has jurisdiction to issue a writ of possession under Sections 24.0054(a), (a-2), and (a-3).

Given this jurisdictional requirement, (which is also reflected in Section 27.031(a)(2) of the Texas Government Code) eviction suits must originate and be filed in the Justice Court in the County and precinct where the rental or other contested property is located.

However, unlike most other types of lawsuits, evictions (and other small claims proceedings) are subject to an automatic appeal to the County Court. Texas Rule of Civil Procedure 510.9(a) provides:

A party may appeal a judgment in an eviction case by filing a bond, making a cash deposit, or filing a sworn statement of inability to pay with the justice court within 5 days after the judgment is signed.

By law, these appeals are de novo, meaning "new" or "as if the trial in the Justice Court never occurred." TRCP 510.10(c) provides:

The case must be tried de novo in the county court. A trial de novo is a new trial in which the entire case is presented as if there had been no previous trial. The trial, as well as any hearings and motions, is entitled to precedence in the county court. 

In practical terms, the above means that:

• All eviction suits must originally be filed in Justice Court;
• Either party to a Judgement entered by the Justice Court may appeal by following specified procedures;
• The appeal is taken to the County Court sitting in the same county as the Justice Court being appealed-from;
• Trial in the County Court is "new," and the evidence, testimony and Judgment arising from the original Justice Court proceeding are irrelevant.

By Popular Demand: LINK TO NEW TEXAS EVICTION RULES

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:

As I have written before, a new set of Rules of Procedure apply in Texas eviction cases (as of 8/31/13).  The Rules typically apply to all cases pending and/or filed on or after 8/31/13.

Here is a link to the new Rules.

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.