Tex. Prop. Code Ann. §§ 24.001–24.011 § 24.003
SUBSTITUTION OF PARTIES.
Operative Text
Sec. 24.003. SUBSTITUTION OF PARTIES. If a tenancy for a term expires while the tenant's suit for forcible entry is pending, the landlord may prosecute the suit in the tenant's name for the landlord's benefit and at the landlord's expense. It is immaterial whether the tenant received possession from the landlord or became a tenant after obtaining possession of the property. Acts 1983, 68th Leg., p. 3515, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Aug. 26, 1985.
Under Texas Property Code § 24.003, when a tenant's lease term ends while a forcible-entry lawsuit the tenant filed is still ongoing, the landlord is permitted to step in and continue that lawsuit using the tenant's name, doing so for the landlord's own benefit and at the landlord's own cost. The rule also clarifies that it does not matter how the tenant originally came to occupy the property — whether the landlord granted possession or the tenant obtained it independently. This substitution mechanism ensures that an active legal action is not simply abandoned just because the tenancy itself has ended.
Plain English — not legal advice.
Under § 24.003, a landlord who wishes to continue a pending forcible-entry suit after the tenant's lease term expires generally takes on full financial responsibility for prosecuting that action. Compliant operators document their decision to assume the suit and ensure the litigation proceeds in the tenant's name as the statute requires. Because the rule explicitly states that the origin of the tenant's possession is immaterial, landlords typically do not need to establish how the tenant first came to occupy the property in order to invoke this substitution right.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 24.003 of the Texas Property Code addresses what happens to a forcible-entry lawsuit you may have filed if your lease expires before the case concludes — specifically, it allows the landlord to take over and continue that suit in your name. As a tenant, it is worth understanding that your name may remain on the case caption even though the landlord is bearing the costs and pursuing the action for their own benefit. Tenants who have questions about how this substitution might affect their interests can consult a tenant-rights organization or a licensed Texas attorney for general information about their position.
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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