Tex. Prop. Code Ann. §§ 24.001–24.011 § 24.005106
SUMMARY DISPOSITION AND TRIAL.
Operative Text
Sec. 24.005106. SUMMARY DISPOSITION AND TRIAL. (a) A landlord that files a sworn petition alleging a forcible entry and detainer under Section 24.00505 may include with the petition a sworn motion for summary disposition without trial. The motion must set out all supporting facts, and documents on which the motion relies must be attached. If the motion shows that there are no genuinely disputed facts that would prevent a judgment in favor of the landlord, the court may enter judgment in favor of the landlord without a trial unless:(1) not later than the fourth day after the date the tenant is served with the landlord's sworn petition, the tenant files a response setting out supporting facts, and providing any applicable documents, on which the response relies; and(2) the justice court determines that service on the tenant was proper and, based on the landlord's sworn petition and the tenant's response, if any, there are genuinely disputed facts that would prevent a judgment in favor of the landlord.(b) The justice court:(1) may enter judgment for the landlord regardless of the tenant's response if the response does not show there is a genuinely disputed fact that would prevent judgment in favor of the landlord; and(2) may consider a response filed by the tenant later than the fourth day after the date the tenant was served with the landlord's sworn petition and motion if the response shows there is a genuinely disputed fact that would prevent judgment in favor of the landlord and the tenant has filed the response before judgment has been entered.(c) If the justice court determines that there are genuinely disputed facts that would prevent a judgment in favor of the landlord, the justice court shall set a trial date that is not earlier than the 10th day and not later than the 21st day after the date the petition is filed by the landlord. The justice court may immediately set the case for trial upon the tenant's request for a trial in response to a motion for summary disposition.(d) A judgment on summary disposition under this section has the same effect as any other judgment in an eviction suit. Added by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 7, eff. January 1, 2026.
Texas Property Code § 24.005106 establishes a summary disposition procedure for certain eviction (forcible entry and detainer) cases. A landlord may file a sworn motion alongside the eviction petition asking the court to rule in their favor without holding a full trial, provided the submitted facts and documents show no genuinely disputed issues. A tenant who receives such a motion has up to four days after service to file a written response with supporting facts and documents; if the court finds genuinely disputed facts exist, it must schedule a trial between the 10th and 21st day after the petition was filed. Any judgment issued through this summary process carries the same legal weight as a judgment reached after a full eviction trial.
Plain English — not legal advice.
Under § 24.005106, landlords pursuing a forcible entry and detainer action under § 24.00505 have the option to include a sworn motion for summary disposition with their petition, potentially resolving the case without a trial. Compliant operators typically ensure the motion is fully sworn, includes all supporting facts, and attaches every document relied upon, since an incomplete submission may not meet the standard required for the court to rule without a trial. If the court finds disputed facts and sets a trial date, that date will fall between the 10th and 21st day after the petition is filed, so property managers generally plan their documentation and timelines accordingly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 24.005106 gives tenants a critical window—no more than four days after being served with the landlord's sworn petition and summary disposition motion—to file a written response that identifies genuinely disputed facts and attaches supporting documents. If a tenant's response demonstrates that real factual disputes exist, the justice court must schedule a full trial rather than entering judgment immediately; even a late response may be considered by the court if it raises a genuine dispute and is filed before judgment is entered. Tenants who receive a summary disposition motion may want to contact a local tenant-rights organization or legal aid office promptly to understand what facts and documents could be relevant to a response under this provision.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation