Tex. Prop. Code Ann. §§ 24.001–24.011 § 24.004
JURISDICTION; DISMISSAL.
Operative Text
Sec. 24.004. JURISDICTION; DISMISSAL. (a) Except as provided by Subsection (b), a justice court in the precinct in which the real property is located has jurisdiction in an eviction suit. Eviction suits include forcible entry and detainer and forcible detainer suits. A justice court has jurisdiction to issue a writ of possession under this chapter.(b) A justice court does not have jurisdiction in a forcible entry and detainer or forcible detainer suit and shall dismiss the suit if the defendant files a sworn statement alleging the suit is based on a deed executed in violation of Chapter 21A, Business & Commerce Code.(c) A justice court in which a petition is filed under Section 24.00505 must adjudicate the right to actual possession of the premises. The justice court may not adjudicate title to the premises. Counterclaims and the joinder of suits against third parties are not permitted in eviction suits. This subsection does not preclude a claim that may not be asserted under this subsection from being brought in a separate suit in a court of proper jurisdiction. Acts 1983, 68th Leg., p. 3515, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Aug. 26, 1985; Acts 1997, 75th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 958 (H.B. 1111), Sec. 1, eff. January 1, 2012.Acts 2011, 82nd Leg., R.S., Ch. 1242 (S.B. 1320), Sec. 3, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(28), eff. September 1, 2013.Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 1, eff. January 1, 2026.
Under Texas Property Code § 24.004, justice courts in the precinct where the rental property is located are the proper venue for eviction cases, which include both forcible entry and detainer and forcible detainer suits. However, a justice court must dismiss such a suit if the defendant submits a sworn statement asserting the case rests on a deed executed in violation of Chapter 21A of the Business & Commerce Code. Importantly, justice courts handling these matters can only decide who has the right to physically possess the property — they cannot rule on questions of property title, and counterclaims or third-party suits are not allowed within the eviction proceeding itself, though those claims may be pursued in a separate court of appropriate jurisdiction.
Plain English — not legal advice.
Property owners and managers filing eviction actions in Texas should be aware that § 24.004 designates the justice court in the precinct where the property sits as the correct forum for forcible entry and detainer or forcible detainer suits. Compliant operators generally ensure their eviction filings are grounded in lawful deeds and proper documentation, since a defendant's sworn allegation that the suit is based on a deed violating Chapter 21A of the Business & Commerce Code can result in mandatory dismissal. Because justice courts under § 24.004 are limited to adjudicating possession — not title disputes or counterclaims — landlords with more complex legal issues typically pursue those matters in a separate court of proper jurisdiction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Texas Property Code § 24.004 gives tenants a meaningful procedural tool: if an eviction suit is based on a deed that allegedly violates Chapter 21A of the Business & Commerce Code, a tenant may file a sworn statement raising that issue, which requires the justice court to dismiss the case. Tenants should also know that the justice court's authority under § 24.004 is limited strictly to the question of physical possession — it cannot resolve title disputes or hear counterclaims, meaning other legal grievances may need to be raised in a separate proceeding in a court of proper jurisdiction. Tenants facing eviction proceedings may benefit from consulting a tenant-rights organization or legal aid provider familiar with § 24.004 to understand which procedural options may be available in their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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