This article outlines the changes to evictions that will begin on January 1, 2026. This article does not cover all changes, but touches on changes that will impact most practitioners.
If the suit is based on a pretended sale, a justice court may dismiss the eviction. A pretended sale is essentially when a lender of money takes title to the property instead of obtaining a deed of trust (mortgage). 24.04(b).
There is a statutory mandate (which already existed in the common law) that a court may not adjudicate title to the property. 24.04(c). Counterclaims and joinder of other claims are not allowed. Id.
If a notice of nonpayment is being delivered to the tenant in the same month in which the tenant is delinquent, the landlord must give an opportunity to cure. However, if the tenant is also late in the prior month, an opportunity to cure need not be given. 24.005(a). In a month to month situation, landlords still must follow the provisions in 91.001. Id.
There are special protections for tenants who are up to date in rent when the landlord purchases the property at a trustee auction (mortgage foreclosure) or a tax sale. 24.005(b).
If the tenant has notice protections under a federal rule or law, the landlord may comply with state requirements, file the eviction and comply with the federal notice requirements while in litigation but before the writ of possession is served.
The tenant may be served notice to vacate electronically if she has agreed to receive it in writing, and the delivery of notice requirements are waived if the tenant actually receives the notice. 24.005(f-3) and (f-4).
To initiate an eviction suit, a sworn petition must be filed with the court. The petition must include the contents required by the Texas Rules of Civil Procedure. 24.00505.
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 petition and before the date the court renders judgment. 24.0051(b).
A landlord may file a petition along with a sworn motion for summary disposition. 24.005106. However, the CITATION must have special language to support the summary disposition in English and Spanish. 24.0051(e). It appears that a summary disposition may only be granted by a justice court, and not a county court on appeal de novo. See 24.005106(b) and TRCP generally allowing for justice courts to issue summary disposition judgments(where other courts issue summary judgments), but see 24.005106(a), simply stating “the court may enter judgment in favor of the landlord without a trial unless…” without identifying which court. A tenant has at least four days to respond with a sworn denial of the facts forming the basis of the summary disposition.
A tenant who files an appeal must affirm, under penalty of perjury, the tenant ’s good faith belief that the tenant has a meritorious defense and that the appeal is not for the purpose of delay. 24.005107. However, an appeal is “perfected” when the bond or affidavit is filed. Id.
All cases will require a requirement of monthly rent payments (not just ones for nonpayment of rent and not just the ones in which a pauper’s affidavit or appeal bond is posted.). 24.0053(a) and (a-1). The previous 24.0053(a) applied to evictions “based on nonpayment of rent.” The new 24.0053(a) applies to a tenant who “files an appeal of a justice court ’s judgment.” The previous (a-1) applied to people who filed a pauper’s affidavit or an appeal bond. The new (a-1) applies to anyone filing an appeal. The previous statute only required payment of monthly rent if a pauper’s affidavit was used under 24.0053(b). This section was essentially repealed. Thanks to eviction attorney Sam Johndroe for pointing this out. Here was the old language:
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)
Only entities that own multifamily owners may use non-attorney representatives in appeals de novo. 24.011.