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§ 15.091.Rents

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 15. Venue · Subchapter E. Suits Brought in Justice Court · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 15.091 allows a suit to recover rents in the county and precinct in which all or part of the rented premises is located.

Full Text of § 15.091

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A suit to recover rents may be brought in the county and precinct in which all or part of the rented premises is located.
End

Plain-English Summary

The money half of the landlord-tenant pair, sitting beside the eviction provision.

A suit to recover rents may be brought in the county and precinct in which all or part of the rented premises is located.

Note the verb. This section says may; the eviction provision says shall. Possession of the premises is mandatory in the property's precinct; a claim for the money is not.

That distinction is deliberate. An eviction decides who occupies a specific piece of land and produces a writ the local court must enforce. A rent claim is an ordinary debt, and there is no reason to forbid a landlord from suing where the tenant now lives.

Because it is permissive, the option provision applies — the landlord may instead sue in the tenant's county of residence, which is often the practical choice once a tenant has moved out and the arrears are the only issue left.

"All or part" covers premises straddling a precinct line, resolving it in the plaintiff's favour.

Read the three provisions together. This subchapter sends possession to the property's precinct and allows rent there or at the tenant's home; the landlord-tenant provision earlier in the chapter sends lease disputes generally to the property's county. Between them, a landlord and tenant can almost always litigate near the property.

Frequently Asked Questions

Where do I sue for unpaid rent in justice court?

In the county and precinct where all or part of the rented premises is located, or in the tenant's county of residence.

Is this the same as the eviction rule?

No. Eviction is mandatory in the precinct of the premises. A rent claim is permissive, so other options remain.

Can I sue after the tenant moves out?

Yes. The premises still fix one option, and the option provision allows the tenant's new county of residence as well.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source