CHAPTER 24. FORCIBLE ENTRY AND DETAINER
PROPERTY CODE
TITLE 4. ACTIONS AND REMEDIES
CHAPTER 24. FORCIBLE ENTRY AND DETAINER
Sec. 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, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1989, 71st Leg., ch. 688, Sec. 1, eff.
Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1985, 69th Leg., ch. 200, Sec. 1, eff. Aug.
26, 1985; Acts 1989, 71st Leg., ch. 688, Sec. 2, eff. Sept. 1,
1989.
Sec. 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, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Aug.
26, 1985.
Sec. 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, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Aug.
26, 1985; Acts 1997, 75th Leg., ch. 1205, Sec. 1, eff. Sept. 1,
1997.
Sec. 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, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 688, Sec. 3, eff. Sept.
1, 1989; Acts 1997, 75th Leg., ch. 1205, Sec. 2, eff. Sept. 1,
1997.
Sec. 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.
(c) In a suit to recover possession of the premises, whether or
not unpaid rent is claimed, the citation required by Rule 739,
Texas Rules of Civil Procedure, must include the following notice
to the defendant:
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 required
by Rule 739, Texas Rules of Civil Procedure, must include the
following notice to the defendant 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. 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.
Added by Acts 1999, 76th Leg., ch. 1464, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2005, 79th Leg., Ch.
712, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2007.
Sec. 24.0052. TENANT APPEAL ON PAUPER'S AFFIDAVIT. (a) If a
tenant in a residential eviction suit is unable to pay the costs
of appeal or file an appeal bond as required by the Texas Rules
of Civil Procedure, the tenant may appeal the judgment of the
justice court by filing with the justice court, not later than
the fifth day after the date the judgment is signed, a pauper's
affidavit sworn before the clerk of the justice court or a notary
public that states that the tenant is unable to pay the costs of
appeal or file an appeal bond. The affidavit must contain the
following information:
(1) the tenant's identity;
(2) the nature and amount of the tenant's employment income;
(3) the income of the tenant's spouse, if applicable and
available to the tenant;
(4) the nature and amount of any governmental entitlement income
of the tenant;
(5) all other income of the tenant;
(6) the amount of available cash and funds available in savings
or checking accounts of the tenant;
(7) real and personal property owned by the tenant, other than
household furnishings, clothes, tools of a trade, or personal
effects;
(8) the tenant's debts and monthly expenses; and
(9) the number and age of the tenant's dependents and where
those dependents reside.
(b) The justice court shall make available an affidavit form
that a person may use to comply with the requirements of
Subsection (a).
(c) The justice court shall promptly notify the landlord if a
pauper's affidavit is filed by the tenant.
(d) A landlord may contest a pauper's affidavit on or before the
fifth day after the date the affidavit is filed. If the landlord
contests the affidavit, the justice court shall notify the
parties and hold a hearing to determine whether the tenant is
unable to pay the costs of appeal or file an appeal bond. The
hearing shall be held not later than the fifth day after the date
the landlord notifies the court clerk of the landlord's contest.
At the hearing, the tenant has the burden to prove by competent
evidence, including documents or credible testimony of the tenant
or others, that the tenant is unable to pay the costs of appeal
or file an appeal bond.
(e) If the justice court approves the pauper's affidavit of a
tenant, the tenant is not required to pay the county court filing
fee or file an additional affidavit in the county court under
Subsection (a).
Added by Acts 2005, 79th Leg., Ch.
1185, Sec. 1, eff. September 1, 2005.
Sec. 24.0053. PAYMENT OF RENT DURING APPEAL OF EVICTION. (a)
If the justice court enters judgment for the landlord in a
residential eviction case based on nonpayment of rent, 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. This subsection
does not require or prohibit payment of rent into the court
registry or directly to the landlord during the pendency of an
appeal of an eviction case based on grounds other than nonpayment
of rent.
(b) If an eviction case is based on nonpayment of rent and the
tenant appeals by filing a pauper's affidavit, the tenant shall
pay the rent, as it becomes due, into the justice court or the
county court registry, as applicable, during the pendency of the
appeal, in accordance with the Texas Rules of Civil Procedure and
Subsection (a). If a government agency is responsible for all or
a portion of the rent under an agreement with the landlord, the
tenant shall pay only that portion of the rent determined by the
justice court under Subsection (a) to be paid by the tenant
during appeal, subject to either party's right to contest that
determination under Subsection (c).
(c) If an eviction case is based on nonpayment of rent and the
tenant's rent during the rental agreement term has been paid
wholly or partly by a government agency, either party may contest
the portion of the rent that the justice court determines must be
paid into the county court registry by the tenant under this
section. The contest must be filed on or before the fifth day
after the date the justice signs the judgment. If a contest is
filed, not later than the fifth day after the date the contest is
filed the justice court shall notify the parties and hold a
hearing to determine the amount owed by the tenant in accordance
with the terms of the rental agreement and applicable laws and
regulations. After hearing the evidence, the justice court shall
determine the portion of the rent that must be paid by the tenant
under this section.
(d) If the tenant objects to the justice court's ruling under
Subsection (c) on the portion of the rent to be paid by the
tenant during appeal, the tenant shall be required to pay only
the portion claimed by the tenant to be owed by the tenant until
the issue is tried de novo along with the case on the merits in
county court. During the pendency of the appeal, either party
may file a motion with the county court to reconsider the amount
of the rent that must be paid by the tenant into the registry of
the court.
(e) If either party files a contest under Subsection (c) and the
tenant files a pauper's affidavit that is contested by the
landlord under Section 24.0052(d), the justice court shall hold
the hearing on both contests at the same time.
Added by Acts 2005, 79th Leg., Ch.
1185, Sec. 1, eff. September 1, 2005.
Sec. 24.0054. TENANT'S FAILURE TO PAY RENT DURING APPEAL. (a)
During an appeal of an eviction case for nonpayment of rent, if a
tenant fails to pay rent into the justice court or county court
registry in accordance with the Texas Rules of Civil Procedure
and Section 24.0053, the landlord may file with the county court
a sworn motion that the tenant failed to pay rent as required.
The landlord shall notify the tenant of the motion and the
hearing date.
(b) If the county court finds that the tenant has not complied
with the payment requirements of the Texas Rules of Civil
Procedure and Section 24.0053, the county court shall immediately
issue a writ of possession unless on or before the day of the
hearing the tenant pays into the court registry:
(1) all rent not paid in accordance with the Texas Rules of
Civil Procedure and Section 24.0053; and
(2) the landlord's reasonable attorney's fees, if any, in filing
the motion.
(c) If the court finds that a tenant has failed to timely pay
the rent into the court registry on more than one occasion:
(1) the tenant is not entitled to stay the issuance of the writ
by paying the rent and the landlord's reasonable attorney's fees,
if any; and
(2) the county court shall immediately issue a writ of
possession.
(d) A writ of possession issued under Subsection (c) may not be
executed before the sixth day after the date the writ is issued.
(e) In a motion or hearing in county court under Subsection (a),
the parties may represent themselves or be represented by their
authorized agents, who need not be attorneys.
(f) During the appeal of an eviction case, if a government
agency is responsible for payment of a portion of the rent and
does not pay that portion to the landlord or into the justice
court or county court registry, the landlord may file a motion
with the county court requesting that the tenant be required to
pay into the county court registry, as a condition of remaining
in possession, the full amount of each rental period's rent, as
it becomes due under the rental agreement. After notice and
hearing, the court shall grant the motion if the landlord proves
by credible evidence that:
(1) a portion of the rent is owed by a government agency;
(2) the portion of the rent owed by the government agency is
unpaid;
(3) the landlord did not cause wholly or partly the agency to
cease making the payments;
(4) the landlord did not cause wholly or partly the agency to
pay the wrong amount; and
(5) the landlord is not able to take reasonable action that will
cause the agency to resume making the payments of its portion of
the total rent due under the rental agreement.
Added by Acts 2005, 79th Leg., Ch.
1185, Sec. 1, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff.
Sept. 1, 1985; Acts 1989, 71st Leg., ch. 688, Sec. 4, eff. Sept.
1, 1989; Acts 1997, 75th Leg., ch. 1205, Sec. 3, eff. Sept. 1,
1997.
Sec. 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, Sec. 1, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 314, Sec. 1, eff.
Sept. 1, 1987; Acts 1987, 70th Leg., ch. 745, Sec. 6, eff. June
20, 1987; Acts 1987, 70th Leg., ch. 1089, Sec. 1, eff. Aug. 31,
1987; Acts 1989, 71st Leg., ch. 2, Sec. 13.01, eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 688, Sec. 5, eff. Sept. 1, 1989;
Acts 1997, 75th Leg., ch. 1205, Sec. 4, eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1,
1985. Renumbered from Sec. 24.009 and amended by Acts 1987, 70th
Leg., ch. 314, Sec. 2, eff. Sept. 1, 1987; Acts 1987, 70th Leg.,
ch. 745, Sec. 7, eff. June 20, 1987; Acts 1993, 73rd Leg., ch.
48, Sec. 1, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 414,
Sec. 2.35, eff. July 1, 2001.
Sec. 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, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1205, Sec. 5, eff. Sept.
1, 1997.
Sec. 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, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Aug.
26, 1985; Acts 1997, 75th Leg., ch. 1205, Sec. 6, eff. Sept. 1,
1997.
Sec. 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, Sec. 1, eff. Aug. 26,
1985. Renumbered from Sec. 24.009 by Acts 1987, 70th Leg., ch.
167, Sec. 5.01(a)(49), eff. Sept. 1, 1987. Amended by Acts 1997,
75th Leg., ch. 1205, Sec. 7, eff. Sept. 1, 1997.