Rule 510.16.If Defendant Fails to Answer or Appear at Trial
Last verified June 28, 2026
In one sentenceRule 510.16 requires the court to render a default judgment when an eviction defendant fails to appear at trial and has not answered, requires the plaintiff to give the defendant's last known address, and has the clerk send notice of the default.
(a)Default Judgment. If the defendant fails to appear at trial and fails to file an answer before the case is called for trial, and proof of service has been filed in accordance with Rule 510.8, the allegations of the petition must be taken as admitted and judgment by default rendered accordingly. If a defendant who has answered fails to appear for trial, the court may proceed to hear evidence and render judgment accordingly. A default judgment must comply with Rule 510.18.
(b)Plaintiff Duties. The plaintiff requesting a default judgment must provide to the clerk in writing the last known email address and mailing address of the defendant at or before the time the judgment is signed. If an email address is known, the plaintiff must serve the judgment by email under Rule 510.5(c)(1)(C). If an email address is not known, the plaintiff must serve the judgment by another method under 510.5. The plaintiff must file with the court a certificate of service under Rule 510.5(c)(4).
(c)Notice of Default. When a default judgment is signed, the clerk must immediately send the judgment by email and mail to the defendant at the last known addresses provided by the plaintiff and, if different from the mailing address, to the address of the premises. The clerk must note the fact of such emailing and mailing on the docket. The notice must state the number and style of the case, the court in which the case is pending, the names of the parties in whose favor and against whom the judgment was rendered, and the date the judgment was signed. Failure to comply with the provisions of this rule does not affect the finality of the judgment.
End
Plain-English Summary
Rule 510.16 covers default. If the defendant fails to appear at trial, has not filed an answer before the case is called, and proof of service is on file, the petition's allegations are taken as admitted and judgment by default is rendered. The plaintiff must give the clerk the defendant's last known mailing address, and when the default judgment is signed the clerk must immediately send it to the defendant.
Frequently Asked Questions
What happens if a tenant doesn't show up to an eviction trial in Texas?
The petition's allegations are taken as admitted, the court renders a default judgment, and the clerk sends notice to the tenant's last known address (Rule 510.16).
What must a landlord give the court to get a default judgment?
Rule 510.16 requires the plaintiff to give the clerk the defendant's last known email and mailing address, and to file a certificate of service for the judgment.
Does a mistake in mailing the default judgment notice undo the eviction judgment?
No. Rule 510.16 states that failure to comply with the rule's notice provisions does not affect the finality of the judgment.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 510.16), 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:default judgment evictionfailure to appear evictionnotice of default evictionTRCP 510.16