Rule 510.18.Judgment; Writ; No New Trial
Last verified June 28, 2026
In one sentenceRule 510.18 sets the eviction judgment and the writ of possession — which issues for a winning plaintiff but not before the 6th day after judgment, nor more than 60 days after it, or 90 for good cause — sets appeal rent for any residential eviction judgment for the landlord at the greater of $250 or fair market if there is no rental agreement, and bars any motion for new trial.
Full Text of Rule 510.18
(a) Judgment Upon Jury Verdict. Where a jury has returned a verdict, the judge may render judgment on the verdict or, if the verdict is contrary to the law or the evidence, judgment notwithstanding the verdict.
(b) Judgment in Case Tried by Judge. When a case has been tried before the judge without a jury, the judge must announce the decision in open court, note the decision in the court’s docket, and render judgment accordingly.
(c) Form. A judgment must:
(1) clearly state the determination of the rights of the parties in the case;
(2) state who must pay the costs;
(3) be signed by the judge;
(4) be dated the date of the judge’s signature;
(5) state: “You may appeal this judgment by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs within 5 days after this judgment was signed. See Texas Rule of Civil Procedure 510.19(c).”;
(6) if it awards monetary damages, state: “If you are an individual (not a company), your money or property may be protected from being taken to pay this judgment. Find out more by visiting www.texaslawhelp.org/exempt-property. / Si usted es una persona física (y no una compañía), su dinero o propiedad pudieran estar protegidos de ser embargados como pago de esta deuda decretada en juicio en contra suya. Obtenga mayor información visitando el sitio www.texaslawhelp.org/exempt-property.”
(d) Judgment for Plaintiff. If the judgment is in favor of the plaintiff, the judge must render judgment for plaintiff for possession of the premises, costs, delinquent rent as of the date of entry of judgment, if any, and attorney fees if recoverable by law.
(e) Judgment for Defendant. If the judgment is in favor of the defendant, the judge must render judgment for defendant against the plaintiff for costs and attorney fees if recoverable by law.
(f) Determination of Rent and Rental Pay Period. If the justice court enters judgment for the landlord in a residential eviction case, the court must determine the amount of rent to be paid by the defendant each rental pay period during the pendency of any appeal in accordance with the terms of the rental agreement and applicable laws and regulations, and must note that amount in the judgment. If there is no oral or written rental agreement, the court must determine:
(1) the rental pay period; and
(2) the amount of rent to be paid by the defendant in each rental pay period, which must be the greater of:
(A) $250; or
(B) the fair market rent, if determined by the court.
(g) Writ. If the judgment or verdict is in favor of the plaintiff, the judge must award a writ of possession upon demand of the plaintiff and payment of any required fees. The issuance of a writ of possession upon a proper and timely demand is a ministerial act not subject to review or delay. The plaintiff bears the costs of issuing and executing the writ of possession.
(1) Time to Issue. Except as provided by Rule 510.9, no writ of possession may issue before the 6th day after the date a judgment for possession is signed or the day following the deadline for the defendant to appeal the judgment, whichever is later. A writ of possession may not issue more than 60 days after a judgment for possession is signed. For good cause, the court may extend the deadline for issuance to 90 days after a judgment for possession is signed.
(2) Time to Execute. A writ of possession may not be executed after the 90th day after a judgment for possession is signed.
(3) Effect of Appeal. A writ of possession must not issue if an appeal is perfected and, if applicable, rent is paid into the registry, as required by these rules.
(4) Who May Execute. Except as provided in (5), the writ must be executed by a sheriff or constable.
(5) Service by Other Law Enforcement Officer. If the sheriff or constable has not served the writ within 5 business days after it is issued, the plaintiff may file with the court a request for issuance of a replacement writ to be served by any other law enforcement officer, including an off-duty officer with appropriate identification, who has received appropriate training in the service of process, eviction procedures, and the execution of writs, as determined by the Texas Commission on Law Enforcement. When such a request is filed with the court, the clerk must immediately issue the replacement writ and provide it to the plaintiff.
(h) Enforcement of Judgment. Justice court judgments are enforceable in the same method as in county and district court, except as provided by law.
(i) No Motion For New Trial. No motion for new trial may be filed.
(j) Post-judgment Discovery. Post-judgment discovery is not required to be filed with the court. The party requesting discovery must give the responding party at least 30 days to respond to a post-judgment discovery request. The responding party may file a written objection with the court within 30 days of receiving the request. If an objection is filed, the judge must hold a hearing to determine if the request is valid. If the objection is denied, the judge must order the party to respond to the request. If the objection is upheld, the judge may reform the request or dismiss it entirely.
End
Plain-English Summary
Rule 510.18 covers the judgment. After a verdict or a bench decision, the judge renders judgment, which must state the parties' rights and costs, be signed and dated, include an appeal notice, and — on a money award — carry an exempt-property notice. A winning plaintiff is awarded a writ of possession; in any residential eviction judgment for the landlord, if there is no oral or written rental agreement, the judgment sets the appeal rent at the greater of $250 or the fair market rent if the court determines it — otherwise the appeal rent follows the agreement's own terms.
The writ may not issue before the 6th day after judgment (except under Rule 510.9) and may not be executed after the 90th day; a perfected appeal stops it, and a sheriff or constable executes it. No motion for new trial may be filed, and post-judgment discovery need not be filed with the court.
Frequently Asked Questions
When can a landlord get a writ of possession after an eviction judgment in Texas?
Not before the 6th day after the judgment, and it may not be executed after the 90th day; a perfected appeal stops it (Rule 510.18).
Can you file a motion for new trial in an eviction case?
No. Rule 510.18 provides that no motion for new trial may be filed.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 510.18), 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: eviction judgmentwrit of possessionno motion for new trial evictionappeal rentTRCP 510.18