In Texas, the process for evicting a tenant can be distinct from the process for collecting unpaid rent. While most landlords prefer to handle both issues in one place, a unique legal wall exists when the back rent exceeds the jurisdictional limits of the local court. If your tenant owes more than $20,000, you are facing a multi-step legal journey to recover both your property and your money.
The Jurisdictional Limit of Justice Courts
All eviction suits in Texas must begin in the Justice of the Peace (JP) Court, which has original jurisdiction over cases for eviction. However, the power of a JP court is strictly limited by the amount in controversy.
Under Texas Government Code § 27.031 and Texas Rule of Civil Procedure 510.3, a claim for unpaid rent can be joined with an eviction case only if the amount of rent due is $20,000 or less (excluding interest and court costs). If the tenant owes $20,001 or more, the JP court technically lacks the subject matter jurisdiction to award a judgment for that rent. While the judge can still grant you possession of the property, they cannot legally sign an order for the full $23,000 debt.
Can You "Plead Down" to Stay in JP Court?
A common question from landlords is whether they can simply waive the excess rent—pleading for exactly $20,000—just to get a quick judgment in JP court. From a legal standpoint, this is risky territory.
Attempting to circumvent jurisdictional limits by arbitrarily reducing your actual damages can be viewed as a misrepresentation to the tribunal. More importantly, if it is discovered that the actual damages exceed the court’s limit, the judge may be required to dismiss the claim for rent entirely. Furthermore, a judgment rendered by a court that lacks subject matter jurisdiction is void. An enterprising defense attorney could potentially file an appeal or a separate suit to set aside a $19,000 judgment by proving the court never had the legal authority to hear the $24,000 reality of the case.
The Two-Step Solution: Possession vs. Damages
If you find yourself in a situation where the back rent exceeds the $20,000 limit, the correct legal path is often a two-step process:
- Possession in JP Court: File your eviction suit for possession only (or possession plus up to $20,000 of the rent) to get the tenant out of the property quickly.
- Damages in Higher Court: File a separate breach of contract lawsuit in a County Court at Law or a District Court. These courts have much higher jurisdictional limits and are the appropriate venue for recovering significant debts.
By separating these claims, you ensure that your judgment for possession is sound and that your eventual judgment for the full $23,000 is rendered by a court with the proper authority to do so. This prevents a void judgment and protects your right to collect the full amount you are owed.
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