In one sentenceRule 510.2 defines the terms used in the eviction rules — including forcible detainer, forcible entry and detainer, and the kinds of occupants whose consent matters — so Rule 510's vocabulary is clear to self-represented parties.
(a)“Answer” is the written response that a defendant who is sued may file with the court.
(b)“Citation” is the court-issued document required to be served on a defendant to inform the defendant that the defendant has been sued.
(c)“Claim” is the legal theory and alleged facts that, if proven, entitle a plaintiff to relief against a defendant in court.
(d)“Clerk” is a person designated by the judge as a justice court clerk, or the judge if there is no clerk available.
(e)“County court” is the county court, statutory county court, or district court in a particular county with authority to hear and decide appeals of eviction cases from justice court.
(f)“Court proceeding” is an appearance before the court, such as a trial.
(g)“Default judgment” is a judgment awarded to a plaintiff when the defendant fails to file an answer or appear at trial to dispute the plaintiff’s claims in the lawsuit.
(p)“Judgment” is a final order by the court that states the relief, if any, a party is entitled to or must provide.
(q)“Motion” is a request that the court make a specified ruling or order.
(r)“Notice” is a document delivered by the court or a party stating that the recipient must take action or informing the recipient of action that has been taken.
(s)“Participant” is any party, attorney, witness, or juror who participates in a court proceeding.
(t)“Party” is a person or entity involved in the case that is either suing or being sued, including all plaintiffs and defendants.
(u)“Petition” is a formal written application stating the plaintiff’s claims and requesting that the court order relief, such as possession of property or money damages.
(w)“Pleading” is a written document filed by a party, including a petition and an answer, that states a claim or defense and outlines the relief sought from the court.
(x)“Relief” is the remedy a plaintiff requests from the court, such as the recovery of money or the return of property.
(y)“Serve” and “service” are delivery of citation and the petition required by Rule 510.8, or of a document as required by Rule 510.5.
(z)“Sworn” means signed in front of someone authorized to take oaths, such as a notary, or signed to include the statement that the other statements in the document are true and correct and under penalty of perjury. Filing a false sworn document can result in criminal prosecution.
End
Plain-English Summary
Rule 510.2 is the dictionary for eviction cases. It defines the two core wrongs: forcible detainer (refusing to surrender possession on demand, after entering lawfully) and forcible entry and detainer (forcibly entering and then refusing to surrender). It defines what it means to forcibly enter — entering without the consent of the person in possession, a tenant at will, a tenant by sufferance, or a person who took possession by forcible entry.
It also defines the procedural vocabulary — answer, citation, default judgment, judgment, party, petition, and the rest — so the rest of Rule 510 reads consistently.
Frequently Asked Questions
What is forcible detainer in Texas?
Under Rule 510.2, when a person who entered lawfully refuses to surrender possession of property on demand.
What's the difference between forcible detainer and forcible entry and detainer?
Rule 510.2 draws the line at how the occupant got in. Forcible detainer is refusing to leave after entering without force; forcible entry and detainer is forcibly entering the property and then refusing to leave.
What does it mean for a document to be "sworn" in a Texas eviction case?
Under Rule 510.2, it means signed before someone authorized to take oaths, like a notary, or signed with a statement that the contents are true and correct under penalty of perjury. Filing a false sworn document can lead to criminal prosecution.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 510.2), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:eviction definitionsforcible detainer definitionforcible entry and detainertenant at sufferanceTRCP 510.2