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

Tex. Prop. Code § 24.0054 (2026)

Tenant's Failure To Pay Rent During Appeal

✓ laws through the 89th Legislature (2025)
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Sec. 24.0054. TENANT'S FAILURE TO PAY RENT DURING APPEAL.

(a) During an appeal of an eviction case, the justice court or county court, as applicable, on request shall immediately issue a writ of possession, without hearing, if a tenant fails to pay rent into the appropriate court registry as required by Section 24.0053 and the justice court has provided the written notice required by Section 24.0053(a-1).

(a-1) The sheriff, the constable, or another law enforcement officer shall execute a writ of possession under Subsection (a) in accordance with Sections 24.0061(d) through (h). The landlord shall bear the costs of issuing and executing the writ of possession.

(a-2) If the justice court issues a writ of possession under this section, the justice court shall forward the transcript and original papers in the eviction case to the county court for trial de novo to resolve any remaining issues in the case, such as rent or attorney's fees, notwithstanding the fact that the writ has been issued or executed.

(a-3) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.

(a-4) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.

(b) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.

(c) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.

(d) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.

(e) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.

(f) During the appeal of an eviction case, if a government agency is responsible for payment of a portion of the rent and does not pay that portion to the landlord or into the justice court or county court registry, the landlord may file a motion with the county court requesting that the tenant be required to pay into the county court registry, as a condition of remaining in possession, the full amount of each rental period's rent, as it becomes due under the rental agreement. After notice and hearing, the court shall grant the motion if the landlord proves by credible evidence that:

(1) a portion of the rent is owed by a government agency;

(2) the portion of the rent owed by the government agency is unpaid;

(3) the landlord did not cause wholly or partly the agency to cease making the payments; and

(4) the landlord did not cause wholly or partly the agency to pay the wrong amount.

Added by Acts 2005, 79th Leg., Ch. 1185 (H.B. 62), Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 958 (H.B. 1111), Sec. 3, eff. January 1, 2012.

Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 12, eff. January 1, 2026.

Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.

Notes of Decisions
Cited in 9 cases (6 in the last 5 years), 2013–2025 · leading case: Kelly McClane v. New Caney Oaks Apts., 416 S.W.3d 115 (Tex. App.—Beaumont 2013).
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Kelly McClane v. New Caney Oaks Apts., 416 S.W.3d 115 (Tex. App.—Beaumont 2013). · cites it 2× “See Tex. Prop.Code Ann. § 24.0054(a-4),(e) (West Supp.”
Johnny Partain v. State of Texas, No. 15-25-00005-CV (Tex. App.—15th Dist. Mar. 25, 2025). · cites it 4× “Then JP Jasso illegally entered a Writ of Possession order on September 11, 2014, against Plaintiff's property, in apparent conflict with Texas Property Code § 24.0054 (3). App. 51, Writ of Possession, Case no.”
Juan Antonio Sanchez v. Retreat at Mesa Hills, 657 S.W.3d 64 (Tex. App.—El Paso 2022). · cites it 3× “TEX.PROP.CODE ANN. §§ 24.0054(b)(1)-(2), 24.”
Audria Edmond v. Mark McElhannon/Accent Real Est. Servs., No. 03-17-00760-CV (Tex. App.—Austin July 17, 2018). “See Tex. Prop. Code § 24.0054(b)(2). Edmond did not offer any evidence that was contrary to the residential lease or the transactional listing.”
Richard Manning v. Mae Johnson, 642 S.W.3d 871 (Tex. App.—Texarkana 2021). “TEX. PROP. CODE ANN. § 24.0054(a-4), (c).”
John Emmanuel v. Tony Truong, No. 07-23-00356-CV (Tex. App.—Amarillo Jan. 9, 2024). “See TEX. PROP. CODE ANN. § 24.0054. The county court subsequently granted the motion and issued a writ of possession of the premises to Truong.”
Aracely Enter., LLC v. Sesatty Enter., LLC, No. 13-24-00058-CV (Tex. App.—Corpus Christi–Edinburg July 31, 2025). “9(b); TEX. PROP. CODE ANN. § 24.0054. Appellee’s arguments fail because the justice court and county court lacked subject matter jurisdiction, and when a “trial court lacks subject matter jurisdiction, the appellate court can make no order other than reversing the judgment of…”
Demetrius Crockett v. Aldrich 51 Apts., No. 03-25-00630-CV (Tex. App.—Austin Nov. 7, 2025). “9(c)(5)(B)(iv) and Texas Property Code § 24.0054(c).” Upon initial review, the Clerk of this Court sent Crockett a letter informing him that this Court appears to lack jurisdiction over the appeal because the August 13, 2025 order in the clerk’s record does not appear to be a…”
Aaron Chevalier v. W.M. Roberson, No. 01-15-00225-CV (Tex. App.—Houston [1st Dist.] Nov. 16, 2015). “TEX. PROP. CODE ANN. § 24.0054(b). The justice court is expressly denied jurisdiction to adjudicate title to land.”
Tex. Prop. Code § 24.0054(3): 1 case
Johnny Partain v. State of Texas, No. 15-25-00005-CV (Tex. App.—15th Dist. Mar. 25, 2025). “Then JP Jasso illegally entered a Writ of Possession order on September 11, 2014, against Plaintiff's property, in apparent conflict with Texas Property Code § 24.0054 (3). App. 51, Writ of Possession, Case no.”
Tex. Prop. Code § 24.0054(b): 1 case
Aaron Chevalier v. W.M. Roberson, No. 01-15-00225-CV (Tex. App.—Houston [1st Dist.] Nov. 16, 2015). “TEX. PROP. CODE ANN. § 24.0054(b). The justice court is expressly denied jurisdiction to adjudicate title to land.”
Tex. Prop. Code § 24.0054(b)(1): 1 case
Juan Antonio Sanchez v. Retreat at Mesa Hills, 657 S.W.3d 64 (Tex. App.—El Paso 2022). “TEX.PROP.CODE ANN. §§ 24.0054(b)(1)-(2), 24.”
Tex. Prop. Code § 24.0054(b)(2): 1 case
Audria Edmond v. Mark McElhannon/Accent Real Est. Servs., No. 03-17-00760-CV (Tex. App.—Austin July 17, 2018). “See Tex. Prop. Code § 24.0054(b)(2). Edmond did not offer any evidence that was contrary to the residential lease or the transactional listing.”
Tex. Prop. Code § 24.0054(c): 1 case
Demetrius Crockett v. Aldrich 51 Apts., No. 03-25-00630-CV (Tex. App.—Austin Nov. 7, 2025). “9(c)(5)(B)(iv) and Texas Property Code § 24.0054(c).” Upon initial review, the Clerk of this Court sent Crockett a letter informing him that this Court appears to lack jurisdiction over the appeal because the August 13, 2025 order in the clerk’s record does not appear to be a…”
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