Rule 510.6.Starting an Eviction Lawsuit
Last verified June 28, 2026
In one sentenceRule 510.6 sets what an eviction petition must contain — the premises, the grounds for eviction, the pre-suit notice, and any unpaid rent — requires it to be filed in the precinct where the premises is located, and limits the case to possession, not title.
Full Text of Rule 510.6
(a) Contents. To start an eviction lawsuit, a petition must be filed with the court. A petition in an eviction case must be sworn to by the plaintiff and must contain:
(1) the name of the plaintiff;
(2) the name, address, telephone number, and fax number, if any, of the plaintiff’s attorney, if applicable, or the address, telephone number, and fax number, if any, of the plaintiff;
(3) the name, address, and telephone number, if known, of the defendant;
(4) the amount of money, if any, the plaintiff seeks;
(5) a description of any other relief requested;
(6) the basis for the plaintiff’s claim against the defendant;
(7) a description, including the address, if any, of the premises that the plaintiff seeks possession of;
(8) a description of the facts and the grounds for eviction;
(9) a description of when and how pre-suit notice was given, and whether it was a notice to vacate or a notice to pay rent or vacate;
(10) the total amount of rent due and unpaid at the time of filing, if any;
(11) if the eviction is based solely on nonpayment of rent and regardless of whether the landlord is joining a claim for back rent, whether the tenant was late or delinquent in paying rent before the month in which notice was given;
(12) a statement that attorney fees are being sought, if applicable; and
(13) if the plaintiff is alleging a forcible entry and detainer, whether a sworn motion for summary disposition under Rule 510.10 is included in or attached to the petition.
(b) Fees or Statement. On filing the petition, the plaintiff must pay the appropriate filing fee and service fees, if any, with the court. A plaintiff who is unable to afford the fees must file a Statement of Inability to Afford Payment of Court Costs under Rule 510.7.
(c) Where Filed. The petition must be filed in the precinct where the premises is located. If it is filed elsewhere, the judge must dismiss the case. The plaintiff will not be entitled to a refund of the filing fee, but will be refunded any service fees paid if the case is dismissed before service is attempted.
(d) Defendants Named. If the eviction is based on a written residential lease, the plaintiff must name as defendants all tenants obligated under the lease residing at the premises whom plaintiff seeks to evict. No judgment or writ of possession may issue or be executed against a tenant obligated under a lease and residing at the premises who is not named in the petition and served with citation.
(e) Claim for Rent. A claim for unpaid rent may be asserted in an eviction case, if the amount of rent due and unpaid is not more than $20,000, excluding statutory interest and court costs but including attorney fees, if any.
(f) Only Issue. The court must adjudicate the right to actual possession and not title. Counterclaims and the joinder of suits against third parties are not permitted in eviction cases. A claim that is not asserted because of this rule can be brought in a separate suit in a court of proper jurisdiction.
(g) When Dismissal Not Permitted. The court must not dismiss an eviction lawsuit on the basis that the petition is improper if the petition meets the requirements of these rules or can be amended to meet the requirements of these rules.
End
Plain-English Summary
Rule 510.6 covers the petition. It must name the parties, describe the premises and the facts and grounds for eviction, state when and how pre-suit notice was given and whether it was a notice to vacate, and state any unpaid rent. The plaintiff pays the filing and service fees or files a Statement of Inability, and the petition must be filed in the justice precinct where the premises is located.
A claim for unpaid rent may be joined, but the court adjudicates only the right to actual possession — not title — and counterclaims and third-party claims are not allowed. The court must not dismiss an eviction suit merely because the petition is defective in a way the rule protects.
Frequently Asked Questions
Where do you file an eviction case in Texas?
In the justice precinct where the premises is located (Rule 510.6).
Can you raise other claims in an eviction case?
No. Rule 510.6 limits the case to possession (not title), and counterclaims and third-party claims are not allowed, though a claim for unpaid rent may be joined.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 510.6), 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: starting an eviction lawsuiteviction petitionpossession not titleprecinct where premises locatedTRCP 510.6