Rule 509.4.Service and Return of Citation; Alternative Service of Citation

Last verified June 28, 2026

In one sentenceRule 509.4 governs serving the landlord in a repair-and-remedy case and provides a layered alternative-service procedure — serving the management company or, after diligent attempts, leaving the papers with someone over 16 at the landlord's address and mailing a copy.

Full Text of Rule 509.4

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(a) Service and Return of Citation. The sheriff, constable, or other person authorized by Rule 501.2 who receives the citation must serve the citation by delivering a copy of it, along with a copy of the petition and any attachments, to the landlord at least 6 days before the appearance date. At least one day before the appearance date, the person serving the citation must file a return of service with the court that issued the citation. The citation must be issued, served, and returned in like manner as ordinary citations issued from a justice court.

(b) Alternative Service of Citation.

(1) If the petition does not include the landlord’s name and business street address, or if, after making diligent efforts on at least two occasions, the officer or authorized person is unsuccessful in serving the citation on the landlord under (a), the officer or authorized person must serve the citation by delivering a copy of the citation, petition, and any attachments to:

(A) the landlord’s management company if the tenant has received written notice of the name and business street address of the landlord’s management company; or

(B) if (b)(1)(A) does not apply and the tenant has not received the landlord’s name and business street address in writing, the landlord’s authorized agent for service of process, which may be the landlord’s management company, on-premise manager, or rent collector serving the residential rental property.

(2) If the officer or authorized person is unsuccessful in serving citation under (b)(1) after making diligent efforts on at least two occasions at either the business street address of the landlord’s management company, if (b)(1)(A) applies, or at each available business street address of the landlord’s authorized agent for service of process, if (b)(1)(B) applies, the officer or authorized person must execute and file in the justice court a sworn statement that the officer or authorized person made diligent efforts to serve the citation on at least two occasions at all available business street addresses of the landlord and, to the extent applicable, the landlord’s management company, on-premises manager, and rent collector serving the residential rental property, providing the times, dates, and places of each attempted service. The judge may then authorize the officer or authorized person to serve citation by:

(A) delivering a copy of the citation, petition, and any attachments to someone over the age of 16 years, at any business street address listed in the petition, or, if nobody answers the door at a business street address, either placing the citation, petition, and any attachments through a door mail chute or slipping them under the front door, and if neither of these latter methods is practical, affixing the citation, petition, and any attachments to the front door or main entry to the business street address;

(B) within 24 hours of complying with (b)(2)(A), sending by first class mail a true copy of the citation, petition, and any attachments addressed to the landlord at the landlord’s business street address provided in the petition; and

(C) noting on the return of the citation the date of delivery under (b)(2)(A) and the date of mailing under (b)(2)(B). The delivery and mailing to the business street address under (b)(2)(A)-(B) must occur at least 6 days before the appearance date. At least one day before the appearance date, a return of service must be completed and filed in accordance with Rule 501.3 with the court that issued the citation. It is not necessary for the tenant to request the alternative service authorized by this rule.

End

Plain-English Summary

Rule 509.4 covers reaching the landlord. An officer or authorized person first serves the citation as in other cases. If the petition lacks the landlord's name and business address, or that service fails after diligent attempts, the rule allows alternative service in tiers. The officer must serve the landlord's management company if the tenant has received written notice of its name and business address. Only if that tier does not apply and the tenant has not received the landlord's name and business street address in writing does the officer instead serve the landlord's authorized agent for service of process — which may be the management company, an on-premises manager, or a rent collector. And only if service under that tier also fails, after two diligent attempts backed by a sworn statement and the judge's authorization, may the officer instead leave the citation and petition with a person over 16 at the business address (or use the door-chute, under-door, or affixing methods if no one answers) and mail a copy by first class mail within 24 hours, noting both dates on the return.

Frequently Asked Questions

What if a landlord can't be served in a repair case in Texas?

Rule 509.4 allows alternative service in tiers — first the management company, or, if there is none, the landlord's authorized agent such as an on-premises manager or rent collector. Only if that service also fails, after two diligent attempts, may an officer leave the papers with someone over the age of 16 at the address and mail a copy.

How soon before the hearing must a landlord be served in a repair and remedy case?

At least 6 days before the appearance date, with the return of service filed at least 1 day before that (Rule 509.4(a)).

Does a tenant have to request alternative service on a landlord?

No. Rule 509.4(b)(2) says it is not necessary for the tenant to request the alternative service the rule authorizes.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 509.4), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: repair and remedy servicealternative service landlordserving landlord six daysdiligent efforts landlord serviceTRCP 509.4