Tex. Codes » Property Code · TITLE 4. ACTIONS AND REMEDIES · CHAPTER 24. FORCIBLE ENTRY AND DETAINER
Texas Codes

Tex. Prop. Code § 24.0051 (2026)

Procedures Applicable In Suit To Evict And Recover Unpaid Rent

✓ laws through the 89th Legislature (2025)
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 24.0051. PROCEDURES APPLICABLE IN SUIT TO EVICT AND RECOVER UNPAID RENT. (a) In a suit filed in justice court in which the landlord files a sworn petition seeking judgment against a tenant for possession of the premises and unpaid rent, personal service on the tenant or service on the tenant under the Texas Rules of Civil Procedure is procedurally sufficient to support a default judgment for possession of the premises and unpaid rent.

(b) A landlord may recover unpaid rent under this section regardless of whether the tenant vacated the premises after the date the landlord filed the sworn petition and before the date the court renders judgment.

(c) In a suit to recover possession of the premises, whether or not unpaid rent is claimed, the citation must include the following notice to the tenant:

FAILURE TO APPEAR FOR TRIAL MAY RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU.


(d) In a suit described by Subsection (c), the citation must include the following notice to the tenant on the first page of the citation in English and Spanish and in conspicuous bold print:

SUIT TO EVICT


THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A TENANT WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE. CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL ASSISTANCE.

(e) If the landlord files a motion for summary disposition under Section 24.005106 with the petition, the citation must include the following notice to the tenant on the first page of the citation in English and Spanish and in conspicuous bold print:

THE PETITION INCLUDES A MOTION FOR SUMMARY DISPOSITION. IF THE MOTION SHOWS THERE ARE NO GENUINELY DISPUTED FACTS THAT WOULD PREVENT A JUDGMENT IN FAVOR OF THE LANDLORD, THE COURT MAY ENTER JUDGMENT IN FAVOR OF THE LANDLORD WITHOUT A TRIAL UNLESS:

(1) NOT LATER THAN THE FOURTH DAY AFTER YOU ARE SERVED WITH THE LANDLORD'S SWORN PETITION, YOU FILE A RESPONSE SETTING OUT SUPPORTING FACTS AND ANY APPLICABLE DOCUMENTS ON WHICH YOUR RESPONSE RELIES; AND

(2) THE JUSTICE COURT DETERMINES THAT SERVICE ON YOU WAS PROPER AND, BASED ON THE LANDLORD'S SWORN PETITION AND YOUR RESPONSE, THERE ARE GENUINELY DISPUTED FACTS THAT WOULD PREVENT A JUDGMENT IN FAVOR OF THE LANDLORD.

(f) A sheriff or constable, including a deputy sheriff or deputy constable, shall make a diligent effort to serve the citation and petition not later than the fifth business day after the date the petition is filed. If the citation and petition are not served on or before the fifth business day after the date the petition is filed, the landlord may, but is not obligated to, provide for the citation and petition to be served by any other law enforcement officer, including an off-duty officer with appropriate identification, that has received appropriate training in the service of process, eviction procedures, and the execution of writs, as determined by the Texas Commission on Law Enforcement.

(g) The court:

(1) shall, subject to this subsection, hold the trial of an eviction suit on a date that is not earlier than the 10th day or later than the 21st day after the date the petition is filed;

(2) may not hold the trial on a date that is earlier than the fourth day after the date the tenant is served with the petition; and

(3) may not postpone the date of a trial for more than seven days unless the parties agree to the postponement in writing.

Added by Acts 1999, 76th Leg., ch. 1464, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 712 (S.B. 439), Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 812 (S.B. 1483), Sec. 1, eff. September 1, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 252 (H.B. 1127), Sec. 1, eff. January 1, 2012.

Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 6, eff. January 1, 2026.

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 2009–2026 · leading case: Rosa Serrano v. Pellicano Park, L.L.C., 441 S.W.3d 517 (Tex. App.—El Paso 2014).
Sort: Relevance Newest Treatment
Rosa Serrano v. Pellicano Park, L.L.C., 441 S.W.3d 517 (Tex. App.—El Paso 2014). “752; Tex. Prop.Code Ann. § 24.0051 (West 2000).”
Stump v. Potts, 322 F. App'x 379 (5th Cir. 2009). “See Tex. PROp.Code Ann. § 24.0051. The complaint provided no basis for federal question jurisdiction.”
Ken Paxton & the State of Texas v. Arnieka Simmons, 640 S.W.3d 588 (Tex. App.—Dallas 2022). · cites it 3× “4(c) and Texas Property Code § 24.0051(a), which, according to Ms.”
Linda S. Nowlin v. Lori Keaton, No. 03-14-00608-CV (Tex. App.—Austin Jan. 9, 2015). · cites it 5× “10 TEX. PROP. CODE ANN. § 24.0051 (Vernon 2009).”
Park Plaza Solo, LLC v. Benchmark-Hereford, Inc., No. 07-16-00004-CV (Tex. App.—Amarillo Oct. 24, 2016). “This is of import because an “eviction” may encompass a legal process initiated by the commencement of a lawsuit, see TEX. PROP. CODE ANN. § 24.0051 (discussing the statutory remedy of forcible entry and detainer available to a landlord), and duress cannot arise from a threat to…”
Chandler Smith v. Providence on the Park, No. 05-19-01337-CV (Tex. App.—Dallas Mar. 6, 2020). “See TEX. PROP. CODE ANN. § 24.006; Rice v. Pinney, 51 S.”
Eloy Gomez v. Rey Eduardo Esquivel, No. 13-19-00037-CV (Tex. App.—Corpus Christi–Edinburg Mar. 19, 2020). “See TEX. PROP. CODE ANN. § 24.0051; TEX. R. CIV.”
Certenberg v. Terraces Syndicate LLC (2025). “See TEX. PROP. CODE ANN. § 24.0051. The complaint provided no basis for federal question jurisdiction.”
Joe W. Byrd v. Bellis 5312 Land Trust, No. 02-24-00246-CV (Tex. App.—Fort Worth June 5, 2025). “See Tex. Prop. Code Ann. §§ 24.0051 , .006; Brigandi v.”
Leni Petrov v. Will-Brooks Inv, LLC, No. 11-24-00112-CV, 2026 WL 1593650 (Tex. App.—Eastland June 4, 2026). “21, 2023, pet. denied) (mem. op.); Allen-Mercer, 2016 WL 4506294 at *4.”
George A. Young v. Texas First Bank & Mynde S. Eisen, No. 01-08-00835-CV (Tex. App.—Houston [1st Dist.] Apr. 15, 2010). “That testimony, in its entirety, was: “Pursuant to Tex. Prop. Code § 24.0051 [sic], [the Bank] is entitled to receive reasonable rent for [the] Youngs’ holding over and refusal to vacate the property.”
Linda S. Nowlin v. Lori Keaton, No. 03-14-00608-CV (Tex. App.—Austin June 4, 2015). “See Tex. Prop. Code §§ 24.0051 (establishing procedures applicable to suit filed in justice court seeking eviction based on unpaid rent), 24.”
Tex. Prop. Code § 24.0051(a): 1 case
Ken Paxton & the State of Texas v. Arnieka Simmons, 640 S.W.3d 588 (Tex. App.—Dallas 2022). “4(c) and Texas Property Code § 24.0051(a), which, according to Ms.”
Tex. Prop. Code § 24.0051(b): 1 case
Linda S. Nowlin v. Lori Keaton, No. 03-14-00608-CV (Tex. App.—Austin Jan. 9, 2015). “10 TEX. PROP. CODE ANN. § 24.0051 (Vernon 2009).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.