In one sentenceRule 510.9 lets a landlord post an immediate-possession bond when filing the petition and allows a writ of possession to issue early once the bond is filed and approved, notice was served on the defendant at least 7 days before, judgment has been rendered, and — if the defendant defaulted — the judgment was served on the defendant.
(a)Immediate Possession Bond. The plaintiff may, at the time of filing the petition or at any time prior to final judgment, file a possession bond to be approved by the judge in the probable amount of costs of suit and damages that may result to defendant in the event that the suit has been improperly instituted, and conditioned that the plaintiff will pay defendant all such costs and damages that are adjudged against plaintiff.
(b)Notice to Defendant. The court must notify a defendant that the plaintiff has filed a possession bond. The notice must be served in the same manner as service of citation and must inform the defendant that, if judgment for possession is granted, an officer may place the plaintiff in immediate possession of the property after the defendant is served with notice of the judgment.
(c)Time for Issuance and Execution of Writ. A writ of possession must issue immediately upon demand and payment of any required fees and may be executed immediately if:
(1)a possession bond has been filed and approved;
(2)notice of the bond under (b) was served at least 7 days prior;
(3)a judgment for possession has been rendered; and
(4)if the defendant fails to appear at trial, the plaintiff has served the judgment in compliance with Rule 510.16(b).
(d)Effect of Appeal. If the defendant has perfected an appeal and paid rent into the registry, as required by these rules, then a writ of possession must not issue.
End
Plain-English Summary
Rule 510.9 covers immediate possession. The plaintiff may file a possession bond when filing the petition or before final judgment, and the court must notify the defendant. A writ of possession may issue early — ahead of the usual schedule — once the bond is filed and approved, notice of the bond was served on the defendant at least 7 days before, judgment has been rendered, and, if the judgment was by default, the judgment itself was served on the defendant.
Frequently Asked Questions
What is a possession bond in a Texas eviction?
A landlord's bond, under Rule 510.9, that can let a writ of possession issue early once the bond is filed and approved, notice was served on the tenant at least 7 days before, judgment has been rendered, and — if the tenant defaulted — the judgment was served on the tenant.
How much notice must a tenant get before a possession-bond writ can be executed?
Rule 510.9 requires notice of the bond to be served on the defendant at least 7 days before the writ may issue and be executed.
Does appealing an eviction stop a possession-bond writ from issuing?
Yes. Rule 510.9 provides that if the defendant has perfected an appeal and paid rent into the registry as the rules require, a writ of possession must not issue.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 510.9), 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:immediate possession bondpossession bond evictionwrit of possession earlyTRCP 510.9