PROPERTY CODE
CHAPTER 24. FORCIBLE ENTRY AND DETAINER
§ 24.001. FORCIBLE ENTRY AND DETAINER. (a) A person
commits a forcible entry and detainer if the person enters the real
property of another without legal authority or by force and refuses
to surrender possession on demand.
(b) For the purposes of this chapter, a forcible entry is:
(1) an entry without the consent of the person in
actual possession of the property;
(2) an entry without the consent of a tenant at will or
by sufferance; or
(3) an entry without the consent of a person who
acquired possession by forcible entry.
Acts 1983, 68th Leg., p. 3514, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 688, § 1, eff. Sept. 1,
1989.
§ 24.002. FORCIBLE DETAINER. (a) A person who refuses
to surrender possession of real property on demand commits a
forcible detainer if the person:
(1) is a tenant or a subtenant wilfully and without
force holding over after the termination of the tenant's right of
possession;
(2) is a tenant at will or by sufferance, including an
occupant at the time of foreclosure of a lien superior to the
tenant's lease; or
(3) is a tenant of a person who acquired possession by
forcible entry.
(b) The demand for possession must be made in writing by a
person entitled to possession of the property and must comply with
the requirements for notice to vacate under Section 24.005.
Acts 1983, 68th Leg., p. 3514, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 200, § 1, eff. Aug. 26,
1985; Acts 1989, 71st Leg., ch. 688, § 2, eff. Sept. 1, 1989.
§ 24.003. SUBSTITUTION OF PARTIES. If a tenancy for a
term expires while the tenant's suit for forcible entry is pending,
the landlord may prosecute the suit in the tenant's name for the
landlord's benefit and at the landlord's expense. It is immaterial
whether the tenant received possession from the landlord or became
a tenant after obtaining possession of the property.
Acts 1983, 68th Leg., p. 3515, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 891, § 1, eff. Aug. 26,
1985.
§ 24.004. JURISDICTION. A justice court in the precinct
in which the real property is located has jurisdiction in eviction
suits. Eviction suits include forcible entry and detainer and
forcible detainer suits.
Acts 1983, 68th Leg., p. 3515, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 891, § 1, eff. Aug. 26,
1985; Acts 1997, 75th Leg., ch. 1205, § 1, eff. Sept. 1, 1997.
§ 24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION
SUIT. (a) If the occupant is a tenant under a written lease or
oral rental agreement, the landlord must give a tenant who defaults
or holds over beyond the end of the rental term or renewal period at
least three days' written notice to vacate the premises before the
landlord files a forcible detainer suit, unless the parties have
contracted for a shorter or longer notice period in a written lease
or agreement. A landlord who files a forcible detainer suit on
grounds that the tenant is holding over beyond the end of the rental
term or renewal period must also comply with the tenancy
termination requirements of Section 91.001.
(b) If the occupant is a tenant at will or by sufferance, the
landlord must give the tenant at least three days' written notice to
vacate before the landlord files a forcible detainer suit unless
the parties have contracted for a shorter or longer notice period in
a written lease or agreement. If a building is purchased at a tax
foreclosure sale or a trustee's foreclosure sale under a lien
superior to the tenant's lease and the tenant timely pays rent and
is not otherwise in default under the tenant's lease after
foreclosure, the purchaser must give a residential tenant of the
building at least 30 days' written notice to vacate if the purchaser
chooses not to continue the lease. The tenant is considered to
timely pay the rent under this subsection if, during the month of
the foreclosure sale, the tenant pays the rent for that month to the
landlord before receiving any notice that a foreclosure sale is
scheduled during the month or pays the rent for that month to the
foreclosing lienholder or the purchaser at foreclosure not later
than the fifth day after the date of receipt of a written notice of
the name and address of the purchaser that requests payment. Before
a foreclosure sale, a foreclosing lienholder may give written
notice to a tenant stating that a foreclosure notice has been given
to the landlord or owner of the property and specifying the date of
the foreclosure.
(c) If the occupant is a tenant of a person who acquired
possession by forcible entry, the landlord must give the person at
least three days' written notice to vacate before the landlord
files a forcible detainer suit.
(d) In all situations in which the entry by the occupant was
a forcible entry under Section 24.001, the person entitled to
possession must give the occupant oral or written notice to vacate
before the landlord files a forcible entry and detainer suit. The
notice to vacate under this subsection may be to vacate immediately
or by a specified deadline.
(e) If the lease or applicable law requires the landlord to
give a tenant an opportunity to respond to a notice of proposed
eviction, a notice to vacate may not be given until the period
provided for the tenant to respond to the eviction notice has
expired.
(f) The notice to vacate shall be given in person or by mail
at the premises in question. Notice in person may be by personal
delivery to the tenant or any person residing at the premises who is
16 years of age or older or personal delivery to the premises and
affixing the notice to the inside of the main entry door. Notice by
mail may be by regular mail, by registered mail, or by certified
mail, return receipt requested, to the premises in question. If the
dwelling has no mailbox and has a keyless bolting device, alarm
system, or dangerous animal that prevents the landlord from
entering the premises to leave the notice to vacate on the inside of
the main entry door, the landlord may securely affix the notice on
the outside of the main entry door.
(g) The notice period is calculated from the day on which
the notice is delivered.
(h) A notice to vacate shall be considered a demand for
possession for purposes of Subsection (b) of Section 24.002.
(i) If before the notice to vacate is given as required by
this section the landlord has given a written notice or reminder to
the tenant that rent is due and unpaid, the landlord may include in
the notice to vacate required by this section a demand that the
tenant pay the delinquent rent or vacate the premises by the date
and time stated in the notice.
Acts 1983, 68th Leg., p. 3515, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 891, § 1, eff. Sept. 1,
1985; Acts 1989, 71st Leg., ch. 688, § 3, eff. Sept. 1, 1989;
Acts 1997, 75th Leg., ch. 1205, § 2, eff. Sept. 1, 1997.
§ 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 statement seeking judgment against
a tenant for possession of the premises and unpaid rent, personal
service on the tenant or service on the tenant under Rule 742a,
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 statement and before the date the
court renders judgment.
Added by Acts 1999, 76th Leg., ch. 1464, § 1, eff. Sept. 1, 1999.
§ 24.006. ATTORNEY'S FEES AND COSTS OF
SUIT. (a) Except as provided by Subsection (b), to be eligible to
recover attorney's fees in an eviction suit, a landlord must give a
tenant who is unlawfully retaining possession of the landlord's
premises a written demand to vacate the premises. The demand must
state that if the tenant does not vacate the premises before the
11th day after the date of receipt of the notice and if the landlord
files suit, the landlord may recover attorney's fees. The demand
must be sent by registered mail or by certified mail, return receipt
requested, at least 10 days before the date the suit is filed.
(b) If the landlord provides the tenant notice under
Subsection (a) or if a written lease entitles the landlord to
recover attorney's fees, a prevailing landlord is entitled to
recover reasonable attorney's fees from the tenant.
(c) If the landlord provides the tenant notice under
Subsection (a) or if a written lease entitles the landlord or the
tenant to recover attorney's fees, the prevailing tenant is
entitled to recover reasonable attorney's fees from the landlord.
A prevailing tenant is not required to give notice in order to
recover attorney's fees under this subsection.
(d) The prevailing party is entitled to recover all costs of
court.
Acts 1983, 68th Leg., p. 3516, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 891, § 1, eff. Sept. 1,
1985; Acts 1989, 71st Leg., ch. 688, § 4, eff. Sept. 1, 1989;
Acts 1997, 75th Leg., ch. 1205, § 3, eff. Sept. 1, 1997.
§ 24.0061. WRIT OF POSSESSION. (a) A landlord who
prevails in an eviction suit is entitled to a judgment for
possession of the premises and a writ of possession. In this
chapter, "premises" means the unit that is occupied or rented and
any outside area or facility that the tenant is entitled to use
under a written lease or oral rental agreement, or that is held out
for the use of tenants generally.
(b) A writ of possession may not be issued before the sixth
day after the date on which the judgment for possession is rendered
unless a possession bond has been filed and approved under the Texas
Rules of Civil Procedure and judgment for possession is thereafter
granted by default.
(c) The court shall notify a tenant in writing of a default
judgment for possession by sending a copy of the judgment to the
premises by first class mail not later than 48 hours after the entry
of the judgment.
(d) The writ of possession shall order the officer executing
the writ to:
(1) post a written warning of at least 8-1/2 by 11
inches on the exterior of the front door of the rental unit
notifying the tenant that the writ has been issued and that the writ
will be executed on or after a specific date and time stated in the
warning not sooner than 24 hours after the warning is posted; and
(2) when the writ is executed:
(A) deliver possession of the premises to the
landlord;
(B) instruct the tenant and all persons claiming
under the tenant to leave the premises immediately, and, if the
persons fail to comply, physically remove them;
(C) instruct the tenant to remove or to allow the
landlord, the landlord's representatives, or other persons acting
under the officer's supervision to remove all personal property
from the rental unit other than personal property claimed to be
owned by the landlord; and
(D) place, or have an authorized person place,
the removed personal property outside the rental unit at a nearby
location, but not blocking a public sidewalk, passageway, or street
and not while it is raining, sleeting, or snowing.
(e) The writ of possession shall authorize the officer, at
the officer's discretion, to engage the services of a bonded or
insured warehouseman to remove and store, subject to applicable
law, part or all of the property at no cost to the landlord or the
officer executing the writ.
(f) The officer may not require the landlord to store the
property.
(g) The writ of possession shall contain notice to the
officer that under Section 7.003, Civil Practice and Remedies Code,
the officer is not liable for damages resulting from the execution
of the writ if the officer executes the writ in good faith and with
reasonable diligence.
(h) A sheriff or constable may use reasonable force in
executing a writ under this section.
Added by Acts 1985, 69th Leg., ch. 319, § 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 314, § 1, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 745, § 6, eff. June 20, 1987;
Acts 1987, 70th Leg., ch. 1089, § 1, eff. Aug. 31, 1987; Acts
1989, 71st Leg., ch. 2, § 13.01, eff. Aug. 28, 1989; Acts 1989,
71st Leg., ch. 688, § 5, eff. Sept. 1, 1989; Acts 1997, 75th
Leg., ch. 1205, § 4, eff. Sept. 1, 1997.
§ 24.0062. WAREHOUSEMAN'S LIEN. (a) If personal
property is removed from a tenant's premises as the result of an
action brought under this chapter and stored in a bonded or insured
public warehouse, the warehouseman has a lien on the property to the
extent of any reasonable storage and moving charges incurred by the
warehouseman. The lien does not attach to any property until the
property has been stored by the warehouseman.
(b) If property is to be removed and stored in a public
warehouse under a writ of possession, the officer executing the
writ shall, at the time of execution, deliver in person to the
tenant, or by first class mail to the tenant's last known address
not later than 72 hours after execution of the writ if the tenant is
not present, a written notice stating the complete address and
telephone number of the location at which the property may be
redeemed and stating that:
(1) the tenant's property is to be removed and stored
by a public warehouseman under Section 24.0062 of the Property
Code;
(2) the tenant may redeem any of the property, without
payment of moving or storage charges, on demand during the time the
warehouseman is removing the property from the tenant's premises
and before the warehouseman permanently leaves the tenant's
premises;
(3) within 30 days from the date of storage, the tenant
may redeem any of the property described by Section 24.0062(e),
Property Code, on demand by the tenant and on payment of the moving
and storage charges reasonably attributable to the items being
redeemed;
(4) after the 30-day period and before sale, the
tenant may redeem the property on demand by the tenant and on
payment of all moving and storage charges; and
(5) subject to the previously stated conditions, the
warehouseman has a lien on the property to secure payment of moving
and storage charges and may sell all the property to satisfy
reasonable moving and storage charges after 30 days, subject to the
requirements of Section 24.0062(j) of the Property Code.
(c) The statement required by Subsection (b)(2) must be
underlined or in boldfaced print.
(d) On demand by the tenant during the time the warehouseman
is removing the property from the tenant's premises and before the
warehouseman permanently leaves the tenant's premises, the
warehouseman shall return to the tenant all property requested by
the tenant, without charge.
(e) On demand by the tenant within 30 days after the date the
property is stored by the warehouseman and on payment by the tenant
of the moving and storage charges reasonably attributable to the
items being redeemed, the warehouseman shall return to the tenant
at the warehouse the following property:
(1) wearing apparel;
(2) tools, apparatus, and books of a trade or
profession;
(3) school books;
(4) a family library;
(5) family portraits and pictures;
(6) one couch, two living room chairs, and a dining
table and chairs;
(7) beds and bedding;
(8) kitchen furniture and utensils;
(9) food and foodstuffs;
(10) medicine and medical supplies;
(11) one automobile and one truck;
(12) agricultural implements;
(13) children's toys not commonly used by adults;
(14) goods that the warehouseman or the warehouseman's
agent knows are owned by a person other than the tenant or an
occupant of the residence;
(15) goods that the warehouseman or the warehouseman's
agent knows are subject to a recorded chattel mortgage or financing
agreement; and
(16) cash.
(f) During the first 30 days after the date of storage, the
warehouseman may not require payment of removal or storage charges
for other items as a condition for redeeming the items described by
Subsection (e).
(g) On demand by the tenant to the warehouseman after the
30-day period and before sale and on payment by the tenant of all
unpaid moving and storage charges on all the property, the
warehouseman shall return all the previously unredeemed property to
the tenant at the warehouse.
(h) A warehouseman may not recover any moving or storage
charges if the court determines under Subsection (i) that the
warehouseman's moving or storage charges are not reasonable.
(i) Before the sale of the property by the warehouseman, the
tenant may file suit in the justice court in which the eviction
judgment was rendered, or in another court of competent
jurisdiction in the county in which the rental premises are
located, to recover the property described by Subsection (e) on the
ground that the landlord failed to return the property after timely
demand and payment by the tenant, as provided by this section.
Before sale, the tenant may also file suit to recover all property
moved or stored by the warehouseman on the ground that the amount of
the warehouseman's moving or storage charges is not reasonable.
All proceedings under this subsection have precedence over other
matters on the court's docket. The justice court that issued the
writ of possession has jurisdiction under this section regardless
of the amount in controversy.
(j) Any sale of property that is subject to a lien under this
section shall be conducted in accordance with Section 7.210 and
Subchapters D and F, Chapter 9, Business & Commerce Code.
(k) In a proceeding under this section, the prevailing party
is entitled to recover actual damages, reasonable attorney's fees,
court costs, and, if appropriate, any property withheld in
violation of this section or the value of that property if it has
been sold.
Added by Acts 1985, 69th Leg., ch. 747, § 1, eff. Sept. 1, 1985.
Renumbered from § 24.009 and amended by Acts 1987, 70th Leg., ch.
314, § 2, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 745, §
7, eff. June 20, 1987; Acts 1993, 73rd Leg., ch. 48, § 1, eff.
Sept. 1, 1993; Acts 1999, 76th Leg., ch. 414, § 2.35, eff. July
1, 2001.
§ 24.007. APPEAL. A final judgment of a county court in
an eviction suit may not be appealed on the issue of possession
unless the premises in question are being used for residential
purposes only. A judgment of a county court may not under any
circumstances be stayed pending appeal unless, within 10 days of
the signing of the judgment, the appellant files a supersedeas bond
in an amount set by the county court. In setting the supersedeas
bond the county court shall provide protection for the appellee to
the same extent as in any other appeal, taking into consideration
the value of rents likely to accrue during appeal, damages which may
occur as a result of the stay during appeal, and other damages or
amounts as the court may deem appropriate.
Acts 1983, 68th Leg., p. 3516, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 891, § 1, eff. Sept. 1,
1985; Acts 1997, 75th Leg., ch. 1205, § 5, eff. Sept. 1, 1997.
§ 24.008. EFFECT ON OTHER ACTIONS. An eviction suit
does not bar a suit for trespass, damages, waste, rent, or mesne
profits.
Acts 1983, 68th Leg., p. 3516, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 891, § 1, eff. Aug. 26,
1985; Acts 1997, 75th Leg., ch. 1205, § 6, eff. Sept. 1, 1997.
§ 24.011. NONLAWYER REPRESENTATION. In eviction suits
in justice court for nonpayment of rent or holding over beyond a
rental term, the parties may represent themselves or be represented
by their authorized agents, who need not be attorneys. In any
eviction suit in justice court, an authorized agent requesting or
obtaining a default judgment need not be an attorney.
Added by Acts 1985, 69th Leg., ch. 891, § 1, eff. Aug. 26, 1985.
Renumbered from § 24.009 by Acts 1987, 70th Leg., ch. 167, §
5.01(a)(49), eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg.,
ch. 1205, § 7, eff. Sept. 1, 1997.
