Texas Codes

Tex. R. Civ. P. 510.9 (2026)

Request For Immediate Possession

✓ current as of May 2026
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(a) Immediate Possession Bond. The plaintiff may, at the time of filing the petition or at any time prior to final judgment, file a possession bond to be approved by the judge in the probable amount of costs of suit and damages that may result to defendant in the event that the suit has been improperly instituted, and conditioned that the plaintiff will pay defendant all such costs and damages that are adjudged against plaintiff.

(b) Notice to Defendant. The court must notify a defendant that the plaintiff has filed a possession bond. The notice must be served in the same manner as service of citation and must inform the defendant that, if judgment for possession is granted, an officer may place the plaintiff in immediate possession of the property after the defendant is served with notice of the judgment.

(c) Time for Issuance and Execution of Writ. A writ of possession must issue immediately upon demand and payment of any required fees and may be executed immediately if:

(1) a possession bond has been filed and approved;

(2) notice of the bond under (b) was served at least 7 days prior;

(3) a judgment for possession has been rendered; and

(4) if the defendant fails to appear at trial, the plaintiff has served the judgment in compliance with Rule 510.16(b).

(d) Effect of Appeal. If the defendant has perfected an appeal and paid rent into the registry, as required by these rules, then a writ of possession must not issue.