Rule 510.21.Damages on Appeal

Last verified June 28, 2026

In one sentenceRule 510.21 lets either party, on the trial of an eviction case in the county court, plead and prove damages suffered for withholding or defending possession of the premises during the pendency of the appeal.

Full Text of Rule 510.21

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On the trial of the case in the county court the appellant or appellee will be permitted to plead, prove and recover his damages, if any, suffered for withholding or defending possession of the premises during the pendency of the appeal. Damages may include but are not limited to loss of rentals during the pendency of the appeal and attorney fees in the justice and county courts provided, as to attorney fees, that the requirements of Section 24.006 of the Texas Property Code have been met. Only the party prevailing in the county court will be entitled to recover damages against the adverse party. The prevailing party will also be entitled to recover court costs and to recover against the sureties on the appeal bond in cases where the adverse party has executed an appeal bond.

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Plain-English Summary

Rule 510.21 allows damages on appeal. On the trial in the county court, the appellant or appellee may plead, prove, and recover damages suffered for withholding or defending possession of the premises during the pendency of the appeal — such as rent or the reasonable value of the property's use.

Frequently Asked Questions

Can you recover damages on an eviction appeal in Texas?

Yes. Rule 510.21 lets either party plead and prove damages for withholding or defending possession during the appeal.

Can the winning party recover attorney fees on an eviction appeal?

Rule 510.21 allows recovery of attorney fees in the justice and county courts as part of appeal damages, if the requirements of Property Code Section 24.006 are met.

Can you collect eviction appeal damages from the other side's bond surety?

Yes. Rule 510.21 lets the prevailing party recover against the sureties on the appeal bond when the adverse party has executed one, along with court costs.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 510.21), 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: damages on appeal evictiondamages for withholding possessionloss of rentals on appealappeal bond surety damagesTRCP 510.21