Tex. Codes » Property Code · TITLE 8. LANDLORD AND TENANT · CHAPTER 92. RESIDENTIAL TENANCIES
Texas Codes

Tex. Prop. Code § 92.009 (2026)

Residential Tenant's Right Of Reentry After Unlawful Lockout

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

Sec. 92.009. RESIDENTIAL TENANT'S RIGHT OF REENTRY AFTER UNLAWFUL LOCKOUT. (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.0081, the tenant may recover possession of the premises as provided by this section.

(b) The tenant must file with the justice court in the precinct in which the rental premises are located a sworn complaint for reentry, specifying the facts of the alleged unlawful lockout by the landlord or the landlord's agent. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout.

(c) If the tenant has complied with Subsection (b) and if the justice reasonably believes an unlawful lockout has likely occurred, the justice may issue, ex parte, a writ of reentry that entitles the tenant to immediate and temporary possession of the premises, pending a final hearing on the tenant's sworn complaint for reentry.

(d) The writ of reentry must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer action. A sheriff or constable may use reasonable force in executing a writ of reentry under this section.

(e) The landlord is entitled to a hearing on the tenant's sworn complaint for reentry. The writ of reentry must notify the landlord of the right to a hearing. The hearing shall be held not earlier than the first day and not later than the seventh day after the date the landlord requests a hearing.

(f) If the landlord fails to request a hearing on the tenant's sworn complaint for reentry before the eighth day after the date of service of the writ of reentry on the landlord under Subsection (d), a judgment for court costs may be rendered against the landlord.

(g) A party may appeal from the court's judgment at the hearing on the sworn complaint for reentry in the same manner as a party may appeal a judgment in a forcible detainer suit.

(h) If a writ of possession is issued, it supersedes a writ of reentry.

(i) If the landlord or the person on whom a writ of reentry is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the landlord or the person on whom the writ was served, under Section 21.002, Government Code. If the writ is disobeyed, the tenant or the tenant's attorney may file in the court in which the reentry action is pending an affidavit stating the name of the person who has disobeyed the writ and describing the acts or omissions constituting the disobedience. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he should not be adjudged in contempt of court. If the justice finds, after considering the evidence at the hearing, that the person has directly or indirectly disobeyed the writ, the justice may commit the person to jail without bail until the person purges himself of the contempt in a manner and form as the justice may direct. If the person disobeyed the writ before receiving the show cause order but has complied with the writ after receiving the order, the justice may find the person in contempt and assess punishment under Section 21.002(c), Government Code.

(j) This section does not affect a tenant's right to pursue a separate cause of action under Section 92.0081.

(k) If a tenant in bad faith files a sworn complaint for reentry resulting in a writ of reentry being served on the landlord or landlord's agent, the landlord may in a separate cause of action recover from the tenant an amount equal to actual damages, one month's rent or $500, whichever is greater, reasonable attorney's fees, and costs of court, less any sums for which the landlord is liable to the tenant.

(l) The fee for filing a sworn complaint for reentry is the same as that for filing a civil action in justice court. The fee for service of a writ of reentry is the same as that for service of a writ of possession. The fee for service of a show cause order is the same as that for service of a civil citation. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. Court costs may be waived only if the tenant executes a pauper's affidavit.

(m) This section does not affect the rights of a landlord or tenant in a forcible detainer or forcible entry and detainer action.

Added by Acts 1989, 71st Leg., ch. 687, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1205, Sec. 9, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 21.001, eff. September 1, 2011.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1995–2025 · leading case: Coinmach Corp. F/K/A Solon Automated Servs., Inc. v. Aspenwood Apt. Corp., 417 S.W.3d 909 (Tex. 2013).
Sort: Relevance Newest Treatment
Coinmach Corp. F/K/A Solon Automated Servs., Inc. v. Aspenwood Apt. Corp., 417 S.W.3d 909 (Tex. 2013). “” Tex. Prop.Code § 92.009(c), (m); see also id.”
Warehouse Partners v. Gardner, 910 S.W.2d 19 (Tex. App.—Dallas 1995). · cites it 2× “Tex.PROp.Code Ann. § 92.009(a) (Vernon 1995).”
CIM Mgmt. Grp. v. Kenneth A. Burnett, II, No. 03-21-00229-CV (Tex. App.—Austin Aug. 19, 2022). · cites it 2× “After a hearing on October 12, 2020, the court reconsidered its August 27 Order Denying Plaintiff’s Appeal and forwarded the appeal to the county court, concluding that Burnett “timely appealed the Court’s Order denying the issuance of a writ of re-entry in accordance with TEX.…”
Michael Leonard Goebel & All Other Occupants of 207 Cazador Drive v. Sharon Peters Real Est., Inc., No. 03-14-00635-CV (Tex. App.—Austin Mar. 12, 2015). · cites it 2× “9 (a)………………………………..9, 10 TEXAS R. CIV. PRO.”
Michael Leonard Goebel & All Other Occupants of 207 Cazador Drive v. Sharon Peters Real Est., Inc., No. 03-14-00635-CV (Tex. App.—Austin Feb. 23, 2015). · cites it 2× “8 TEXAS R. CIV. PRO. 510.8(d)(3)………………………………………….”
Ramesh Kapur v. William Calledare, No. 01-23-00509-CV (Tex. App.—Houston [1st Dist.] May 29, 2025). “See TEX. PROP. CODE § 92.009. Because Kapur’s request for a writ of reentry under section 92.”
Coinmach Corp. F/K/A Solon Automated Servs., Inc. v. Aspenwood Apt. Corp., No. 11-0213 (Tex. Feb. 14, 2014). “” TEX. PROP. CODE § 92.009(c), (m); see also id.”
Tex. Prop. Code § 92.009(a): 1 case
Warehouse Partners v. Gardner, 910 S.W.2d 19 (Tex. App.—Dallas 1995). “Tex.PROp.Code Ann. § 92.009(a) (Vernon 1995).”
Tex. Prop. Code § 92.009(c): 2 cases
Coinmach Corp. F/K/A Solon Automated Servs., Inc. v. Aspenwood Apt. Corp., 417 S.W.3d 909 (Tex. 2013). “” Tex. Prop.Code § 92.009(c), (m); see also id.”
Coinmach Corp. F/K/A Solon Automated Servs., Inc. v. Aspenwood Apt. Corp., No. 11-0213 (Tex. Feb. 14, 2014). “” TEX. PROP. CODE § 92.009(c), (m); see also id.”
Tex. Prop. Code § 92.009(g): 1 case
CIM Mgmt. Grp. v. Kenneth A. Burnett, II, No. 03-21-00229-CV (Tex. App.—Austin Aug. 19, 2022). “After a hearing on October 12, 2020, the court reconsidered its August 27 Order Denying Plaintiff’s Appeal and forwarded the appeal to the county court, concluding that Burnett “timely appealed the Court’s Order denying the issuance of a writ of re-entry in accordance with TEX.…”
Tex. Prop. Code § 92.009(j): 1 case
Warehouse Partners v. Gardner, 910 S.W.2d 19 (Tex. App.—Dallas 1995). “Tex.PROp.Code Ann. § 92.009(a) (Vernon 1995).”
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.