Texas Property Code

§ 24.0053 — PAYMENT OF RENT DURING APPEAL OF EVICTION

PR § 24.0053Title 4. ACTIONS AND REMEDIES · Ch. 24. FORCIBLE ENTRY AND DETAINER

Statute text

(a)If the justice court enters judgment for the landlord in a residential eviction case, the court shall determine the amount of rent to be paid each rental pay period during the pendency of any appeal and shall note that amount in the judgment. If a portion of the rent is payable by a government agency, the court shall determine and note in the judgment the portion of the rent to be paid by the government agency and the portion to be paid by the tenant. The court's determination shall be in accordance with the terms of the rental agreement and applicable laws and regulations. If there is no rental agreement, the court shall determine:

(1)the rental pay period; and

(2)the amount of rent to be paid by the tenant in each rental pay period, which must be the greater of:

(A)$250; or

(B)the fair market rent, if determined by the court. (a-1) If a tenant files an appeal of a justice court's judgment in an eviction suit, the justice court shall provide to the tenant a written notice at the time the appeal is filed that contains the following information in bold or conspicuous type:

(1)the amount of rent stated in the judgment that the tenant must pay into the justice court or county court registry, as applicable, during the pendency of the appeal;

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 958 (H.B. 1111), Sec. 2, eff. January 1, 2012. Acts 2015, 84th Leg., R.S., Ch. 1027 (H.B. 1334), Sec. 3, eff. January 1, 2016. Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 11, eff. January 1, 2026. Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(2), eff. January 1, 2026.