(a) Except as provided by Subsection (b), a justice court in the precinct in which the real property is located has jurisdiction in eviction suits. It is immaterial whether the tenant received possession from the landlord or became a tenant after obtaining possession of the property.Īcts 1983, 68th Leg., p. If a tenancy for a term expires while the tenant's suit for forcible entry is pending, the landlord may prosecute the suit in the tenant's name for the landlord's benefit and at the landlord's expense. (b) The demand for possession must be made in writing by a person entitled to possession of the property and must comply with the requirements for notice to vacate under Section 24.005.Īcts 1983, 68th Leg., p. (3) is a tenant of a person who acquired possession by forcible entry. (2) is a tenant at will or by sufferance, including an occupant at the time of foreclosure of a lien superior to the tenant's lease or
(1) is a tenant or a subtenant wilfully and without force holding over after the termination of the tenant's right of possession (a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person: (3) an entry without the consent of a person who acquired possession by forcible entry.Īcts 1983, 68th Leg., p. (2) an entry without the consent of a tenant at will or by sufferance or (1) an entry without the consent of the person in actual possession of the property (b) For the purposes of this chapter, a forcible entry is: (a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand.