Texas Property Code Chapter 24: A Plain-English Guide to Forcible Entry and Detainer

Chapter 24 of the Texas Property Code is the eviction statute. It defines forcible entry and detainer, the cause of action that landlords use to recover possession of leased property; sets out the notice requirements, the attorney’s fees framework, and the writ-of-possession procedure; and (as amended by SB 38 effective January 1, 2026) governs the modern timeline of Texas evictions. For DFW landlords, Chapter 24 is the procedural backbone of every eviction in Dallas County, Tarrant County, Collin County, Denton County, and the surrounding counties, structured the same way under state law but executed differently by each county’s JP precincts and constables. Chapter 24 is short, a few dozen sections, but every section matters. This page is a plain-English overview of how the chapter is organized, what each key section does, and how SB 38 changed the operational details.

What Chapter 24 covers

Chapter 24 governs:

• The cause of action for forcible entry and detainer (the formal name for an eviction case).
• The notice-to-vacate requirement before filing eviction.
• The attorney’s fees framework for eviction cases.
• The writ-of-possession procedure for removing a tenant after judgment.
• The handling of personal property left behind after a writ executes.

Chapter 24 does not cover (or covers only indirectly):

• The substantive landlord-tenant relationship, that’s Chapter 92 for residential leases and Chapter 93 for commercial.
• The court structure for eviction cases, that’s the Texas Constitution and the Government Code.
• The procedural rules, those are in the Texas Rules of Civil Procedure (especially Rule 510).

In practice, a complete eviction analysis requires reading Chapter 24 alongside Chapter 92 (or 93), Rule 510, and any applicable federal law (CARES Act, HUD/Section 8, VAWA, Fair Housing Act).

§ 24.001: Forcible Entry

Section 24.001 defines forcible entry. A person commits forcible entry by entering real property without the consent of the person in lawful possession. Forcible entry is the cause of action against a true squatter or trespasser who has taken possession without a lease or other legal right.

Forcible entry is one of two causes of action under Chapter 24. The other is forcible detainer, which is more common in landlord-tenant cases.

§ 24.002: Forcible Detainer

Section 24.002 defines forcible detainer. A tenant or sub-tenant commits forcible detainer by remaining in possession after the right of possession has ended. This is the cause of action against:

• A residential tenant who has not paid rent and remains in possession.
• A residential tenant whose lease has expired and who refuses to leave (a holdover tenant).
• A commercial tenant in similar circumstances.
• A tenant at sufferance, someone whose right to possess has lapsed, such as a former tenant or licensee.
• A guest or family member whose permission to occupy has been revoked.

Forcible detainer is the procedural vehicle for the vast majority of eviction cases. SB 38’s procedural changes apply primarily to forcible detainer cases.

§ 24.005: Notice to Vacate

Section 24.005 is the notice statute. It requires written notice to vacate before filing eviction in most cases, sets a three-day default period (modifiable by the lease), and lists the permissible methods of service.

SB 38 amended § 24.005 to add electronic delivery as a permitted method, but only when the lease authorizes electronic notice for legal notices. The other three methods (in-person, conspicuous posting, mail) remain available.

For complete coverage, see the Notice to Vacate page.

§ 24.006: Attorney’s Fees

Section 24.006 governs attorney’s fees in eviction cases. The basic rule:

The prevailing party in an eviction case can recover reasonable attorney’s fees if the lease provides for attorney’s fees, or if the landlord gave a written notice that complied with the statutory requirements at least 10 days before filing.

The 10-day pre-suit notice rule is the technical detail landlords most often miss. Without either a lease provision or compliant pre-suit notice, attorney’s fees are not recoverable in JP court even if the landlord wins everything else.

A § 24.006 notice is typically combined with the notice to vacate, a single document that both demands surrender of the premises and gives the required attorney’s-fees notice. The combined notice should clearly identify the attorney’s-fees notice as such, with language tracking § 24.006(b).

In addition to recovery of fees, the JP court has authority to determine the amount of fees. Most JP courts will award fees based on the attorney’s reasonable hourly rate and time spent, sometimes by affidavit. Tenant-side attorney’s fees (in retaliation, deposit, or fair housing situations) follow different statutory frameworks.

For full coverage, see the Attorney’s Fees Recovery page.

§ 24.0061: Writ of Possession

Section 24.0061 governs the writ of possession, the court order that directs the constable to remove the tenant after judgment.

Key provisions:

• The writ cannot issue earlier than the sixth day after judgment is signed.
• The constable must give at least 24 hours’ notice before executing the writ by posting a written warning on the front door of the unit.
• If the judgment was entered by default, the JP must mail a copy of the default judgment to the property address within 48 hours.
• Personal property left behind is to be removed and placed at a nearby location outside the dwelling, but cannot be placed where it would block a public sidewalk, alley, or street.
• The writ cannot be executed during rain, sleet, or snow.

For full coverage, see the Writ of Possession page.

§ 24.007: Appeal of Eviction Judgment

Section 24.007 establishes the right to appeal an eviction judgment to county court. The appeal procedure is supplemented by Rule 510 of the Texas Rules of Civil Procedure and, since January 1, 2026, by SB 38’s procedural additions (sworn good-faith affirmation, registry payment requirements, 21-day county court trial deadline).

A party has five days from the date of the judgment to perfect the appeal. The appeal is a trial de novo in county court, meaning the case is tried again from scratch.

For full coverage, see the Eviction Appeals page.

How SB 38 changed Chapter 24

SB 38 amended Chapter 24 in several significant ways:

• § 24.005 expansion. Added electronic delivery as a permitted notice method, with lease authorization required.
• New venue rules. Tightened venue and limited transfer between precincts.
• JP court jurisdiction limits. JP courts are barred from hearing counterclaims, third-party joinder, or title disputes in eviction cases.
• Five-business-day service window. Citation must be served within five business days of issuance.
• Trial setting. Trial must be set between 10 and 21 days after the petition is filed.
• New summary disposition procedure. For unauthorized-occupancy and forcible-entry cases, the JP court can enter judgment without trial when no genuine factual dispute exists.
• Good-faith affirmation. Tenants appealing must include a sworn affirmation under penalty of perjury that the appeal is made in good faith.
• Registry payment. Appealing tenants must pay rent into the JP court registry to remain in possession during appeal.
• 21-day appeal trial. County court must hold trial within 21 days of the transcript being filed.
• Federal floor preservation. SB 38 expressly preserves CARES Act, HUD/Section 8, VAWA, and Fair Housing Act protections.

For complete SB 38 coverage, see the SB 38 page.

Chapter 24 vs. Chapter 24A (SB 1333)

In 2025, the Texas Legislature added Chapter 24A to address true-squatter situations. Chapter 24A (SB 1333) is a separate, parallel procedure that does not require the JP forcible-detainer framework.

Chapter 24, forcible entry and detainer in Justice Court. Notice to vacate, JP filing, hearing, judgment, writ. The standard eviction procedure for tenants, holdover tenants, former licensees, and former occupants with any color of right.

Chapter 24A, peace-officer squatter removal. Sworn complaint to a peace officer, who removes the occupant without going through Justice Court. For true squatters with no lease, no license, no former tenancy, and no genuine dispute about right to be there.

Choosing the right chapter for the situation is critical; see the SB 1333 page for the analysis.

How Chapter 24 interacts with Rule 510

Rule 510 of the Texas Rules of Civil Procedure governs the JP-court procedure for eviction cases. Rule 510 sets out:

• How the petition is filed and served.
• Who can appear at the hearing and what evidence can be presented.
• How the hearing is conducted.
• How judgments are entered.
• How appeals are perfected.

Chapter 24 and Rule 510 work together. Chapter 24 sets out the substantive cause of action and key timing rules, while Rule 510 provides the procedural mechanics. Both must be followed for a successful eviction.

Chapter 24 in operation: a checklist

For a Texas landlord filing a residential nonpayment eviction in 2026:

• Step 1, Confirm CARES Act coverage. If covered, give 30 days’ notice. If not, three days under § 24.005.
• Step 2, Draft and serve the notice to vacate under § 24.005. Include § 24.006 attorney’s-fees language. Document service.
• Step 3, Wait for the notice period to expire.
• Step 4, File the petition in JP court for the precinct where the property is located. Include claim for attorney’s fees.
• Step 5, Citation issues. Constable serves within five business days under SB 38.
• Step 6, Trial set between 10 and 21 days after filing.
• Step 7, Trial. Present the lease, the rent ledger, the notice and proof of service, and any documentation of defenses.
• Step 8, Judgment. If for landlord, six-day waiting period before writ can issue.
• Step 9, If no appeal in five days, request the writ. Constable posts 24-hour notice and executes.
• Step 10, Personal property handling under § 24.0061(d). Rekey. Begin make-ready.