Rule 509.5.Docketing and Trial; Failure to Appear
Last verified June 28, 2026
In one sentenceRule 509.5 has a repair-and-remedy case docketed and tried like other cases, lets the judge develop the facts, and provides that the judge may hear the tenant's evidence if the served landlord fails to appear, or dismiss if the tenant fails to appear.
Full Text of Rule 509.5
(a) Docketing and Trial. The case must be docketed and tried as other cases. The judge may develop the facts of the case in order to ensure justice.
(b) Failure to Appear.
(1) If the tenant appears at trial and the landlord has been duly served and fails to appear at trial, the judge may proceed to hear evidence. If the tenant establishes that the tenant is entitled to recover, the judge must render judgment against the landlord in accordance with the evidence.
(2) If the tenant fails to appear for trial, the judge may dismiss the lawsuit.
End
Plain-English Summary
Rule 509.5 covers the trial. The case is docketed and tried as other cases, and the judge may develop the facts to ensure a correct judgment. If the tenant appears and the landlord, though duly served, does not, the judge may hear the tenant's evidence and render judgment. If the tenant fails to appear, the judge may dismiss the lawsuit.
Frequently Asked Questions
What happens if the landlord doesn't show up in a repair case?
If the landlord was duly served and fails to appear, the judge may hear the tenant's evidence and render judgment (Rule 509.5).
Can the judge ask questions to develop the facts in a repair and remedy trial?
Yes. Rule 509.5(a) lets the judge develop the facts of the case to ensure a just result.
What happens if the tenant doesn't show up for the repair and remedy trial?
The judge may dismiss the lawsuit (Rule 509.5(b)(2)).
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 509.5), 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 trialfailure to appear repair casetenant fails to appear dismissaljudge develops facts repair caseTRCP 509.5