Tex. Prop. Code Ann. §§ 54.041–54.048, 54.901 § 54.048
TENANT MAY REPLEVY.
Operative Text
Sec. 54.048. TENANT MAY REPLEVY. At any time before judgment in a suit for unpaid rent, the tenant may replevy any of the property that has been seized, if the property has not been claimed or sold, by posting a bond in an amount approved by the court, payable to the landlord, and conditioned that if the landlord prevails in the suit, the amount of the judgment rendered and any costs assessed against the tenant shall be first satisfied, to the extent possible, out of the bond. Added by Acts 1987, 70th Leg., ch. 266, Sec. 1, eff. Sept. 1, 1987. SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Under Texas Property Code § 54.048, when a landlord has seized a tenant's property as part of a lawsuit to collect unpaid rent, the tenant has the option to reclaim that seized property before a court judgment is entered. To do so, the tenant must post a bond in an amount the court approves, made payable to the landlord. The bond serves as a financial guarantee that if the landlord wins the lawsuit, the resulting judgment and any assessed costs will be satisfied from the bond proceeds first, to the extent possible.
Plain English — not legal advice.
Texas Property Code § 54.048 establishes that a tenant retains the right to reclaim seized property at any point before a court issues its judgment in a rent-collection suit. Compliant operators generally maintain accurate records of all seized property and its condition, since a tenant's successful replevy does not extinguish the underlying rent claim. Understanding that the court-approved bond is structured to protect the landlord's financial interest in the event of a favorable judgment helps operators navigate the process with appropriate expectations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 54.048 of the Texas Property Code gives tenants a meaningful procedural right: if a landlord has seized your property in connection with an unpaid-rent lawsuit, you may be able to get that property back before the case is decided by posting a court-approved bond. This right exists as long as the property has not already been claimed or sold and a final judgment has not yet been entered. Tenants who want to explore this option may benefit from consulting a tenant-rights organization or legal aid provider familiar with Texas landlord-tenant law to understand how the bond process works under §§ 54.041–54.048.
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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