A Texas eviction notice informs a tenant they’re in violation of their lease and the landlord is taking steps to remove them from the rental property unless they correct the problem. If the tenant ignores the issue, the landlord can file a forcible entry and detainer eviction case at the Justice of the Peace Court.
By Type
3-Day Notice to Pay Rent or Quit
Give a 3-day eviction notice for non-payment before proceeding with a lawsuit.
3-Day Notice for Non-Compliance
Let a tenant know they've breached the lease and will face eviction unless they rectify the violation within three days.
30-Day Notice Lease Termination
Let a tenant know you intend to terminate the month-to-month lease agreement at the end of thirty days.
Texas Eviction Laws & Requirements
- Eviction Lawsuit: Title 4 – Actions and Remedies (Chapter 24 – Forcible Entry and Detainer).
- Grace Period for Late Fees on Rent Payment: 2 days (§ 92.019).
- Late or Non-Rent Payment Notice: 3 days (§ 24.005).
- Notice of Non-Compliance: 3 days (§ 24.005).
- Lease Termination (Month-to-Month): 30 days (§ 91.001).
How to Evict a Tenant in Texas
Before starting the eviction process in Texas, ensure you have read and understood the clauses under Texas Property Code, Title 4 (Actions and Remedies) and Title 8 (Landlord and Tenant).
Step 1 – Deliver the Eviction Notice
Depending on the circumstances, the landlord must give the tenant the appropriate eviction notice.
Step 2 – Wait for the Tenant to Act
If the tenant cures the breach (if given the option) or moves out within the required timeframe, no further action is necessary. If the tenant refuses the eviction notice, they must reply to the court through a Defendant’s Original Answer form to argue in their defense.
Step 3 – Prepare the Initial Court Documents
Prepare to go to court in case the tenant responds with a defense. Complete documents like a Petition for Eviction and Statement of Inability (if you can’t cover court fees and costs).
Step 4 – File an Eviction Petition
If the tenant fails to cure the breach or moves out, the landlord must file a Petition for Eviction from Residential Permit with the Justice of the Peace Court to begin the official eviction process.
Step 5 – Serve the Petition
Someone other than the landlord must serve the petition to the tenant. This individual can be any competent adult who doesn’t have an affiliation with the case. To ensure reliable delivery, you can recruit a sheriff, law enforcement officer, or a professional process server for the task.
Step 6 – Attend the Court Hearing
The landlord and tenant must attend their respective court hearings. Unless the tenant is defending against the eviction, these preliminary hearings will typically be held separately.
Step 7 – Obtain a Decision
If the tenant doesn’t appeal within five days, the landlord will file a Request for Writ of Possession with the court.
If the court grants the Request for a Writ of Possession, the sheriff will help the landlord remove the tenant from the premises.
Related Texas Court Forms
- Petition for Eviction from Residential Premises: The landlord filed an official form requesting a court order to evict a tenant.
- Military Status Affidavit: A required supplementary form submitted by the landlord to inform the court if the tenant is currently serving in the military.
- Case Information Sheet: A required supplementary form submitted by the landlord that informs the court of the type of lawsuit being filed and its related parties.
- Defendant’s Original Answer: The official form whereby the tenant either confirms or denies the allegations made by the landlord in the Petition for Eviction form.
- Request for Writ of Possession: The official form submitted to the court by the landlord, requesting a court to use law enforcement to remove a tenant from the property. This form is used when a tenant continues to occupy the rental property after they have been officially evicted.
