Tex. Prop. Code Ann. §§ 24.001–24.011 § 24.002
FORCIBLE DETAINER.
Operative Text
Sec. 24.002. FORCIBLE DETAINER. (a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person:(1) is a tenant or a subtenant wilfully and without force holding over after the termination of the tenant's right of possession; (2) is a tenant at will or by sufferance, including an occupant at the time of foreclosure of a lien superior to the tenant's lease; or(3) is a tenant of a person who acquired possession by forcible entry.(b) The demand for possession must be made in writing by a person entitled to possession of the property and must comply with the requirements for notice to vacate under Section 24.005. Acts 1983, 68th Leg., p. 3514, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 200, Sec. 1, eff. Aug. 26, 1985; Acts 1989, 71st Leg., ch. 688, Sec. 2, eff. Sept. 1, 1989.
Section 24.002 of the Texas Property Code defines 'forcible detainer' as the act of refusing to give up possession of real property after a proper written demand has been made. The rule covers several categories of occupants, including holdover tenants, tenants at will or by sufferance, tenants whose landlord obtained possession through forcible entry, and occupants remaining after a foreclosure on a lien superior to their lease. For a forcible detainer claim to be valid, the written demand for possession must meet the notice-to-vacate requirements set out in Section 24.005.
Plain English — not legal advice.
Under Tex. Prop. Code § 24.002, a property owner or manager seeking to reclaim possession must first serve a written demand that fully complies with the notice-to-vacate standards in Section 24.005 before a forcible detainer action can proceed. Compliant operators typically document the termination of the tenant's right of possession and ensure the written demand is delivered in the manner the statute requires. This procedural step applies whether the occupant is a holdover tenant, a tenant at will or by sufferance, or a post-foreclosure occupant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 24.002 sets out the legal definition of forcible detainer, which is the basis a landlord must establish before pursuing eviction through the courts. Tenants should be aware that a valid forcible detainer claim requires a written demand for possession that meets the specific notice-to-vacate requirements of Section 24.005 — a demand that does not comply with those requirements may be challenged. Tenants facing a forcible detainer action may wish to review whether proper notice was given and can explore options such as raising procedural defects as a defense, contacting a local tenant-rights organization, or consulting a legal aid provider familiar with Texas eviction law.
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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