🏛️ Courthouse Information and Locations for Texas
Texas Eviction Laws: Notice Requirements, Process, and Timelines
Texas handles evictions through Justice of the Peace Courts using “Forcible Entry and Detainer” proceedings governed by Texas Property Code Chapter 24 and Texas Rules of Civil Procedure Rules 500-510. Texas is one of the most landlord-friendly states with fast timelines: 3-day notice to vacate (can be as short as 1 day by lease), hearing within 10-21 days of filing, and 24-hour final notice after writ. Important 2026 change: Senate Bill 38 takes effect January 1, 2026, streamlining procedures and adding summary disposition for squatter cases. Total timeline is typically 3-6 weeks. Below you’ll find everything landlords need to know.
Texas Eviction Laws
Comprehensive guide to Texas's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Justice of the Peace Court (Forcible Detainer).
⚡ Quick Overview
💰 Nonpayment of Rent
Texas notice is to vacate, not to pay. Landlord is not required to accept rent during notice period. Lease can shorten notice to 1 day or extend it. If tenant paid rent on time the prior month, landlord must give "Notice to Pay Rent or Vacate" instead. SB 38 (2025) streamlines squatter removal process.
📋 Lease Violation
Texas does not require a cure period for lease violations - landlord can demand vacancy. Lease terms control whether tenant gets cure opportunity. Criminal activity allows immediate action.
📬 Service of Process
Landlord can deliver notice personally. For court citation, constable or sheriff serves. Must be served in precinct where property is located.
🏛️ Court & Legal Information
Harris County (Houston) and Dallas County have high volume. Continuances can be requested. Appeal process can add weeks.
⚖️ Appeals & Post-Judgment
Constable posts and executes writ of possession. Landlord may change locks after constable completes.
📦 Tenant Property & Abandonment
No specific state statute on abandoned property timeline. Constable may arrange storage during writ execution. Best practice is to inventory and hold for reasonable period.
🏦 Security Deposits
Must return within 30 days with itemized list sent to forwarding address. Failure to comply: landlord liable for 3x deposit wrongfully withheld plus $100 attorney fees.
💵 Late Fees
For properties with 4 or fewer units, landlord must give at least 2 full days grace period (Tex. Prop. Code §92.019). Late fees must be reasonable and in lease.
🛡️ Tenant Protections
State preempts local rent control (Tex. Gov. Code §214.902)
🏙️ Local Overrides & City-Specific Rules
State preemption prevents local landlord-tenant overrides. Some cities have additional code enforcement requirements.
Underground Landlord📝 Texas Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Justice of the Peace Court (Forcible Detainer). Pay the filing fee (~$54-149).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Texas
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Consult a qualified Texas attorney for specific legal guidance.
Governing Law and Court System
Texas evictions are governed by:
- Texas Property Code Chapter 24: Forcible Entry and Detainer
- Texas Property Code Chapters 91-94: Landlord-Tenant relationships
- Texas Rules of Civil Procedure 500-510: Justice Court procedures
Court: Justice of the Peace Court (Justice Court) in the precinct where the property is located. Circuit Court is also available but requires bond and higher fees.
Filing fees: $100-$200 (varies by county); constable service fees additional.
Important: Only possession is decided in eviction cases—no counterclaims or title disputes allowed. Money judgments for unpaid rent can be included.
SB 38 Changes (Effective January 1, 2026)
Key changes under Senate Bill 38:
- Faster service: Constables must serve citation within 5 business days
- Summary disposition: Available for squatter/forcible entry cases (not nonpayment)—judgment without trial if occupant fails to respond within 4 days
- Stricter appeals: Tenant must affirm good-faith defense under penalty of perjury; appeal heard within 21 days
- Writ timing: Writ issued at least 6 days after judgment; executed within 5 days (3 business days under some provisions)
- Electronic appearances: Permitted if both parties agree
Self-Help Eviction Prohibited
Self-help evictions are strictly illegal in Texas. Landlords cannot:
- Change locks
- Shut off utilities
- Remove tenant’s belongings
- Physically remove tenant
Only a sheriff or constable can execute eviction after court order.
Legal Grounds for Eviction
Landlords may evict for:
- Nonpayment of rent
- Lease violations
- Criminal activity or health/safety threats
- Holdover after lease expiration
- End of month-to-month tenancy
- Forcible entry (squatters)
Notice Requirements by Situation
Nonpayment of Rent: 3-Day Notice
Default notice period:
- 3-day notice to vacate (unless lease specifies different period)
- Lease can shorten to as little as 1 day
- Lease can also specify longer period
Notice to Pay Rent or Vacate:
- Required if tenant was NOT late on rent the previous month
- Gives tenant option to pay or vacate
- If tenant WAS late the previous month, landlord can use either “pay or vacate” OR straight “notice to vacate”
(Texas Property Code § 24.005)
Lease Violations: 3-Day Notice
- 3-day notice to vacate (unless lease specifies otherwise)
- For curable violations, may use notice to cure or vacate
Criminal Activity/Health-Safety Threat: Immediate Notice
- May use immediate notice to vacate
- No cure period required
Month-to-Month Termination: 30-Day Notice
- 30-day notice before next rent due date
- No reason required
(Texas Property Code § 91.001)
Holdover After Lease Expiration
- 3-day notice to vacate
- Must also comply with termination requirements of § 91.001
Tax Foreclosure Sale
- If tenant is in good standing, purchaser must give 30-day notice
Federal Programs (CARES Act)
- Properties covered by federal programs may require 30-day notice
- Affects timing of writ execution, not filing
Serving the Notice to Vacate
Notice may be delivered by:
- Personal delivery to tenant
- Personal delivery to any person at premises who is 16 years or older
- Affixing to inside of main entry door (not outside)
- Mail (regular, certified, or registered)
- Electronic communication if lease allows
Exception for outside posting: Allowed only if:
- No mailbox AND keyless bolt/alarm/dangerous animal prevents entry, OR
- Landlord reasonably believes harm would result from personal delivery
Notice period starts day notice is delivered.
Filing the Eviction Lawsuit
After notice period expires:
- File Petition for Forcible Detainer (eviction suit) in Justice of the Peace Court
- File in precinct where property is located
- Pay filing fee ($100-$200)
- Include: property address, facts/grounds for eviction, how/when notice was delivered, unpaid rent amount, attorney fees request (if applicable)
- All tenants on lease must be named
Attorney fees notice: If seeking attorney fees under § 24.006, notice to vacate must state: “if the tenant does not vacate the premises before the 11th day after the date of the receipt of the notice and if the landlord files suit, the landlord may recover attorney’s fees.”
Service of Citation
Tenant must be served at least 4 days before trial:
- Sheriff or constable delivers papers
- Can be served to any household member 16 years or older
- If two personal attempts fail: post on door AND mail
- SB 38: Constable must serve within 5 business days; if not, landlord can use other law enforcement
Tenant Response
In regular eviction:
- Written answer NOT required in Justice Court
- Tenant can file answer if disputing claims
- Tenant must appear at hearing
Summary Disposition (SB 38 – squatter cases only):
- Tenant has 4 days to file response with evidence
- If no response, court may grant judgment without trial
Court Hearing
Hearing timeline:
- Scheduled not sooner than 10 days after petition filed
- Scheduled not later than 21 days after petition filed
- At least 4 days after service on tenant
SB 38: Continuances over 7 days require both parties’ written consent.
Landlord should bring:
- Lease agreement
- Notice to vacate with proof of delivery
- Rent ledger/payment records
- Photos, correspondence, evidence of violations
Default judgment: If tenant fails to appear, landlord typically wins. Can also recover unpaid rent via sworn petition.
Jury trial: Either party can request jury by paying $22 fee before trial date.
Judgment
If landlord wins:
- Court issues Final Judgment for Possession
- May also include judgment for unpaid rent (up to $20,000 in Justice Court), interest, damages, attorney fees, court costs
Appeal: 5 Days
After judgment:
- Either party has 5 days to appeal (includes weekends/holidays)
- Appeal filed in Justice Court, heard in County Court
- During 5-day period, writ of possession cannot be issued
To appeal, tenant must file:
- Appeal bond (promise to pay if they lose), OR
- Cash deposit, OR
- Statement of Inability to Pay Court Costs (fee waiver)
SB 38 requirement: Tenant must affirm under penalty of perjury that appeal is in good faith and not for delay.
Rent during appeal (nonpayment cases):
- Tenant must deposit rent into court registry
- Failure to pay rent during appeal = writ of possession issued immediately
County Court must hold trial within 21 days of receiving case.
Writ of Possession
After 5-day appeal period (or immediately if tenant doesn’t appear and landlord pays fee):
- Landlord requests Writ of Possession
- SB 38: Writ issued at least 6 days after judgment
- Writ must be executed within 60 days of judgment (90 days for good cause)
Constable/Sheriff Enforcement
After writ is issued:
- Constable posts 24-hour notice on tenant’s door
- After 24 hours, constable returns to physically remove tenant
- SB 38: Writ must be executed within 5 days (or 3 business days)
- If not executed in time, landlord can hire other law enforcement
- Tenant’s property can be placed outside—landlord not required to store it
Tenant Defenses
- Improper notice: Wrong notice type, insufficient time, improper delivery
- Payment: Rent was paid
- Retaliation: Eviction in response to tenant requesting repairs or exercising rights (within 6 months)
- Discrimination
- Habitability: Landlord failed to maintain premises
- Procedural errors: Service issues, wrong court
Typical Timeline (Uncontested)
- Notice to vacate: 1-3 days (per lease)
- Filing to hearing: 10-21 days
- Appeal period: 5 days
- Writ issued: Day 6+ after judgment
- 24-hour notice posted
- Constable enforcement: Within 5 days of writ
- Total (uncontested): 3-4 weeks
- Contested/appealed: 5-8+ weeks
Best Practices for Texas Landlords
- Check lease for notice period—may be shorter than 3 days
- Use “Notice to Pay Rent or Vacate” if tenant was not late previous month
- Deliver notice properly—inside door, not outside (unless exception applies)
- Include attorney fees language in notice if seeking fees
- Name all tenants on lease in petition
- Keep proof of notice delivery (certified mail receipt, photos)
- Appear at hearing with all documentation
- Request writ of possession promptly after appeal period
- Never attempt self-help eviction
- After January 1, 2026, follow SB 38 procedures
Quick Reference: Texas Eviction Rules
- Nonpayment notice: 3 days (can be 1 day by lease)
- Lease violation notice: 3 days (unless lease specifies)
- Month-to-month termination: 30 days
- Notice delivery: Inside door, mail, or personal (not outside door)
- Service before hearing: 4 days minimum
- Hearing window: 10-21 days after filing
- Appeal period: 5 days
- Writ issued: 6+ days after judgment (SB 38)
- Final notice to tenant: 24 hours
- Writ execution: Within 5 days (SB 38)
- Writ deadline: 60 days (90 for good cause)
- Filing fee: $100-$200
- Summary disposition (squatters): 4-day response (SB 38)
- Governing law: Texas Property Code Chapter 24; Rules 500-510
Bottom line: Texas offers one of the fastest eviction processes in the country. Default notice is 3 days, but leases commonly shorten this to 1 day—check your lease. Hearing occurs 10-21 days after filing. Tenant has 5 days to appeal; if they don’t (or don’t appear), writ can be requested. Constable posts 24-hour notice before physical removal. Under SB 38 (effective January 2026), squatter cases can use summary disposition for even faster removal. Use “Notice to Pay Rent or Vacate” if tenant wasn’t late the previous month. Deliver notice to inside of door, not outside. Only constable/sheriff can remove tenant—never self-help. Document everything for court.