Tex. Prop. Code Ann. §§ 24.001–24.011 § 24.001
FORCIBLE ENTRY AND DETAINER.
Operative Text
Sec. 24.001. FORCIBLE ENTRY AND DETAINER. (a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand.(b) For the purposes of this chapter, a forcible entry is:(1) an entry without the consent of the person in actual possession of the property;(2) an entry without the consent of a tenant at will or by sufferance; or(3) an entry without the consent of a person who acquired possession by forcible entry. Acts 1983, 68th Leg., p. 3514, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 688, Sec. 1, eff. Sept. 1, 1989.
Texas Property Code §§ 24.001–24.011 defines "forcible entry and detainer" as the act of entering someone else's real property without legal authority or by force and then refusing to leave when asked. Under § 24.001, an entry is considered forcible when it occurs without the consent of whoever is in actual possession of the property — including tenants at will or by sufferance, and even someone who originally gained possession through a prior forcible entry. This statute establishes the legal foundation for eviction-related court proceedings in Texas.
Plain English — not legal advice.
Property owners and managers operating under Tex. Prop. Code §§ 24.001–24.011 generally follow established legal procedures — such as proper notice and court filings — before reclaiming possession of a rental unit, rather than entering or retaking property without authorization. A compliant operator avoids any self-help measures that could constitute a forcible entry, such as changing locks or physically removing a tenant without a court order. Maintaining documented records of notices and legal steps taken helps demonstrate that possession was reclaimed through lawful channels.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Tex. Prop. Code §§ 24.001–24.011, tenants — including those holding possession at will or by sufferance — have a recognized right to possession that cannot lawfully be overridden by an unauthorized or forced entry. If a landlord enters or attempts to retake a rental unit without legal authority, that conduct may constitute a forcible entry and detainer under this statute, which a tenant may be able to raise as a defense or basis for a legal claim in a Texas justice court. Tenants who believe their right to possession has been violated may consider contacting a local tenant-rights organization or legal aid office to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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