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2025 Texas Statutes
Property Code
Title 4 - Actions and Remedies
Chapter 24 - Forcible Entry and Detainer
Section 24.0053. Payment of Rent During Appeal of Eviction

Universal Citation:
TX Prop § 24.0053 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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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, 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;

(2) whether the rent must be paid in cash, cashier's check, or money order, and to whom the cashier's check or money order, if applicable, must be made payable;

(3) the calendar date by which the rent must be paid into the justice court or county court registry, as applicable;

(4) for a court that closes before 5 p.m. on the date specified by Subdivision (3), the time the court closes; and

(5) a statement that failure to pay the required amount into the justice court or county court registry, as applicable, by the date prescribed by Subdivision (3) may result in the justice court or county court issuing a writ of possession without a hearing.

(a-2) The tenant shall:

(1) not later than the fifth day after the date the tenant files the appeal, pay rent for one rental pay period into the justice court registry; and

(2) on or before the beginning of each rental pay period during the pendency of the appeal, pay rent for one rental pay period into the justice court or county court registry, as applicable, according to the court in which the case is pending at the time of payment.

(a-3) The justice court or county court, as applicable, shall disburse rent paid into the justice court or county court registry to the landlord on request at any time during or after the pendency of the appeal.

(a-4) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(2), eff. January 1, 2026.

(a-5) A tenant's payment of rent into a court registry under this section relieves the tenant of the obligation to pay rent to the landlord only for the rental pay period for which the payment is made.

(b) 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 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) 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 statement of inability to afford payment of court costs 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 (H.B. 62), Sec. 1, eff. September 1, 2005.

Amended by:

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.

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