Tex. Prop. Code Ann. §§ 24.001–24.011 § 24.0054
TENANT'S FAILURE TO PAY RENT DURING APPEAL.
Operative Text
Sec. 24.0054. TENANT'S FAILURE TO PAY RENT DURING APPEAL.(a) During an appeal of an eviction case, the justice court or county court, as applicable, on request shall immediately issue a writ of possession, without hearing, if a tenant fails to pay rent into the appropriate court registry as required by Section 24.0053 and the justice court has provided the written notice required by Section 24.0053(a-1).(a-1) The sheriff, the constable, or another law enforcement officer shall execute a writ of possession under Subsection (a) in accordance with Sections 24.0061(d) through (h). The landlord shall bear the costs of issuing and executing the writ of possession.(a-2) If the justice court issues a writ of possession under this section, the justice court shall forward the transcript and original papers in the eviction case to the county court for trial de novo to resolve any remaining issues in the case, such as rent or attorney's fees, notwithstanding the fact that the writ has been issued or executed.(a-3) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.(a-4) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.(b) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.(c) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.(d) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.(e) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.(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; and(4) the landlord did not cause wholly or partly the agency to pay the wrong amount. Added by Acts 2005, 79th Leg., Ch. 1185 (H.B. 62), Sec. 1, eff. September 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 958 (H.B. 1111), Sec. 3, eff. January 1, 2012.Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 12, eff. January 1, 2026.Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(3), eff. January 1, 2026.
Under Tex. Prop. Code § 24.0054, when a tenant is appealing an eviction case, continued possession depends on the tenant depositing ongoing rent payments into the appropriate court registry as required by the related provisions. If a tenant fails to make those deposits and the justice court has provided the required written notice, the court must immediately issue a writ of possession to the landlord—without holding a hearing—allowing law enforcement to carry out the eviction. Even after such a writ is issued or executed, the case is forwarded to the county court for a trial de novo to resolve any remaining financial issues, such as unpaid rent or attorney's fees. A separate process exists when a government agency is responsible for part of the rent and fails to pay its share.
Plain English — not legal advice.
Under Tex. Prop. Code § 24.0054, a landlord whose tenant is appealing an eviction may request an immediate writ of possession from the justice or county court if the tenant has stopped depositing rent into the court registry and the required written notice was previously provided. Compliant operators keep records confirming that the court issued the required written notice under § 24.0053(a-1), since that notice is a prerequisite for the expedited writ process. Landlords should be aware that they bear the costs of issuing and executing the writ of possession, and that any unresolved financial claims—such as back rent or attorney's fees—can still be pursued through the county court's trial de novo even after the writ is executed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 24.0054 establishes that a tenant who appeals an eviction must continue paying rent into the court registry during the appeal period to maintain the right to remain in possession; failure to do so can result in a writ of possession being issued immediately and without a hearing. Tenants in this situation may want to verify whether the justice court provided the written notice required by § 24.0053(a-1), since that notice is a condition that must be met before the expedited writ process can be triggered. Tenants facing this situation may benefit from consulting a tenant-rights organization or legal aid provider to understand available options, including whether any remaining issues—such as disputed rent amounts—can still be raised before the county court in a trial de novo.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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