Texas Property Code - Section 24.0061. Writ Of Possession
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§ 24.0061. WRIT OF POSSESSION. (a) A landlord who
prevails in an eviction suit is entitled to a judgment for
possession of the premises and a writ of possession. In this
chapter, "premises" means the unit that is occupied or rented and
any outside area or facility that the tenant is entitled to use
under a written lease or oral rental agreement, or that is held out
for the use of tenants generally.
(b) A writ of possession may not be issued before the sixth
day after the date on which the judgment for possession is rendered
unless a possession bond has been filed and approved under the Texas
Rules of Civil Procedure and judgment for possession is thereafter
granted by default.
(c) The court shall notify a tenant in writing of a default
judgment for possession by sending a copy of the judgment to the
premises by first class mail not later than 48 hours after the entry
of the judgment.
(d) The writ of possession shall order the officer executing
the writ to:
(1) post a written warning of at least 8-1/2 by 11
inches on the exterior of the front door of the rental unit
notifying the tenant that the writ has been issued and that the writ
will be executed on or after a specific date and time stated in the
warning not sooner than 24 hours after the warning is posted; and
(2) when the writ is executed:
(A) deliver possession of the premises to the
landlord;
(B) instruct the tenant and all persons claiming
under the tenant to leave the premises immediately, and, if the
persons fail to comply, physically remove them;
(C) instruct the tenant to remove or to allow the
landlord, the landlord's representatives, or other persons acting
under the officer's supervision to remove all personal property
from the rental unit other than personal property claimed to be
owned by the landlord; and
(D) place, or have an authorized person place,
the removed personal property outside the rental unit at a nearby
location, but not blocking a public sidewalk, passageway, or street
and not while it is raining, sleeting, or snowing.
(e) The writ of possession shall authorize the officer, at
the officer's discretion, to engage the services of a bonded or
insured warehouseman to remove and store, subject to applicable
law, part or all of the property at no cost to the landlord or the
officer executing the writ.
(f) The officer may not require the landlord to store the
property.
(g) The writ of possession shall contain notice to the
officer that under Section 7.003, Civil Practice and Remedies Code,
the officer is not liable for damages resulting from the execution
of the writ if the officer executes the writ in good faith and with
reasonable diligence.
(h) A sheriff or constable may use reasonable force in
executing a writ under this section.
Added by Acts 1985, 69th Leg., ch. 319, § 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 314, § 1, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 745, § 6, eff. June 20, 1987;
Acts 1987, 70th Leg., ch. 1089, § 1, eff. Aug. 31, 1987; Acts
1989, 71st Leg., ch. 2, § 13.01, eff. Aug. 28, 1989; Acts 1989,
71st Leg., ch. 688, § 5, eff. Sept. 1, 1989; Acts 1997, 75th
Leg., ch. 1205, § 4, eff. Sept. 1, 1997.
Section: 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 26.001
Last modified: August 11, 2007
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