Tex. Prop. Code Ann. §§ 24.001–24.011 § 24.006
ATTORNEY'S FEES AND COSTS OF SUIT.
Operative Text
Sec. 24.006. ATTORNEY'S FEES AND COSTS OF SUIT. (a) Except as provided by Subsection (b), to be eligible to recover attorney's fees in an eviction suit, a landlord must give a tenant who is unlawfully retaining possession of the landlord's premises a written demand to vacate the premises. The demand must state that if the tenant does not vacate the premises before the 11th day after the date of receipt of the notice and if the landlord files suit, the landlord may recover attorney's fees. The demand must be sent by registered mail or by certified mail, return receipt requested, at least 10 days before the date the suit is filed.(b) If the landlord provides the tenant notice under Subsection (a) or if a written lease entitles the landlord to recover attorney's fees, a prevailing landlord is entitled to recover reasonable attorney's fees from the tenant.(c) If the landlord provides the tenant notice under Subsection (a) or if a written lease entitles the landlord or the tenant to recover attorney's fees, the prevailing tenant is entitled to recover reasonable attorney's fees from the landlord. A prevailing tenant is not required to give notice in order to recover attorney's fees under this subsection.(d) The prevailing party is entitled to recover all costs of court. Acts 1983, 68th Leg., p. 3516, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 688, Sec. 4, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1205, Sec. 3, eff. Sept. 1, 1997.
Under Texas Property Code § 24.006, the rules governing who can recover attorney's fees and court costs in an eviction lawsuit depend on the type of notice given and the terms of any written lease. A landlord who sends a proper written demand to vacate—by registered or certified mail at least 10 days before filing suit—may recover reasonable attorney's fees if the landlord prevails. A prevailing tenant may also recover reasonable attorney's fees from the landlord if that same notice was sent or if a written lease provides for fee recovery, and the tenant is not required to send any notice of their own to qualify. The prevailing party in any eviction suit is entitled to recover all court costs.
Plain English — not legal advice.
Under § 24.006, landlords who want to preserve the ability to recover attorney's fees in an eviction action generally send a written demand to vacate by registered or certified mail, return receipt requested, at least 10 days before filing suit. That demand must explicitly state that the tenant has until the 11th day after receipt to vacate and that failure to do so may result in the landlord seeking attorney's fees. Operators also review their written lease agreements, since a lease provision expressly authorizing fee recovery can serve as an independent basis for eligibility under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 24.006 of the Texas Property Code gives a prevailing tenant the right to recover reasonable attorney's fees from the landlord—without having to send any prior notice—when the landlord sent the statutory demand letter or when a written lease allows for fee recovery by either party. Tenants who believe they have been wrongfully subjected to an eviction action may find this provision relevant to any counterclaim or defense they raise in the proceeding. Tenant-rights organizations and legal aid offices familiar with Texas eviction law can help tenants understand how this fee-shifting rule may apply to their circumstances.
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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