(a) Application of Rule 510. Rule 510 applies to a lawsuit to recover possession of real property under Chapter 24 of the Texas Property Code, often by a landlord against a tenant. A claim for unpaid rent may be joined with an eviction lawsuit 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. Rule 510 does not apply pre-lawsuit actions, including delivery of a “notice to pay rent or vacate” or a “notice to vacate,” which are governed by Chapter 24 of the Texas Property Code. (b) Application of Other Rules; Modification or Suspension Prohibited. The other Rules of Civil Procedure and the Rules of Evidence do not apply to eviction cases except when otherwise specifically provided by law or these rules. A justice court must not modify or suspend any part of Rule 510.
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