Texas Property Code

§ 24.0051 — PROCEDURES APPLICABLE IN SUIT TO EVICT AND RECOVER UNPAID RENT

PR § 24.0051Title 4. ACTIONS AND REMEDIES · Ch. 24. FORCIBLE ENTRY AND DETAINER

Statute text

(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.

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Legislative history

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.