Rule 787.Landlord May Become Defendant

Last verified June 28, 2026

In one sentenceRule 787 lets a landlord whose tenant is sued for possession enter the case as the defendant, or be made one on the tenant's motion, and defend the suit as if it had been brought against the landlord first.

Full Text of Rule 787

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When such action shall be commenced against a tenant in possession, the landlord may enter himself as the defendant, or he may be made a party on motion of such tenant; and he shall be entitled to make the same defense as if the suit had been originally commenced against him.

End

Plain-English Summary

Rule 787 fits the common case where a tenant holds the land but the landlord owns it. When the suit targets the tenant in possession, the landlord may come in as the defendant, or the tenant may move to bring the landlord in. Either way, the landlord defends the title with the same rights as if sued from the start.

Frequently Asked Questions

What happens when a Texas trespass-to-try-title suit names the tenant instead of the landlord?

The landlord may enter as the defendant, or be made one on the tenant's motion, and defend the suit (Rule 787).

Who can move to bring the landlord into the case?

The tenant. Rule 787 lets the tenant ask the court to make the landlord a defendant, or lets the landlord enter the suit on his own.

What rights does the landlord have once he takes the tenant's place?

The same defenses he could have raised had the plaintiff sued him first, since Rule 787 treats him as an original defendant.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 787), 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: landlord enters as defendant trespass to try titletenant moves to add landlordlandlord replaces tenant defendantlandlord defends title for tenantTRCP 787