A Texas eviction notice is used to inform a tenant that they’re in violation of their lease agreement, and steps are being made to remove them from the rental property unless they correct the problem.
Eviction refers to a lawsuit filed by a landlord to remove tenants and their belongings from the landlord’s property. These lawsuits are filed with the Texas justice courts (also known as Justice of the Peace Court or JP courts) and are also referred to as “forcible entry and detainer” or “forcible detainer” suits.
By Type
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.
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.
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 (Title 8. Landlord and Tenant, Chapter 92, § 92.019).
- Late or Non-Rent Payment Notice: 3 days (Title 4, Chapter 24, § 24.005).
- Notice of Non-Compliance: 3 days (Title 4, Chapter 24, § 24.005).
- Lease Termination (Month-to-Month): 30 days (Title 8, Chapter 91, § 91.001).
How to Evict a Tenant in Texas?
Before starting the eviction process in Texas, ensure you have read and understand 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: File the Initial Court Documents
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 4: 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 5: File a Writ of Possession
If the tenant doesn’t appeal within five days, the landlord then files a Request for Writ of Possession to the court.
Step 6: Evict the Tenant
If the court grants the Request for a Writ of Possession, the sheriff will help the landlord to 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 whether 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.
