Texas Property Code - Section 24.006. Attorney's Fees And Costs Of Suit
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Texas Lawyer > Property Code > Texas Property Code - Section 24.006. Attorney's Fees And Costs Of Suit
§ 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, § 1, eff. Jan. 1, 1984.
Amended by Acts 1985, 69th Leg., ch. 891, § 1, eff. Sept. 1,
1985; Acts 1989, 71st Leg., ch. 688, § 4, eff. Sept. 1, 1989;
Acts 1997, 75th Leg., ch. 1205, § 3, eff. Sept. 1, 1997.
Section: 24.003 24.004 24.005 24.0051 24.0052 24.0053 24.0054 24.006 24.0061 24.0062 24.007 24.008 24.011 25.001 25.002
Last modified: August 11, 2007
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