Texas Eviction Process

How to Evict a Tenant in Texas

Step 1 – Deliver Notice to Vacate

A landlord begins the eviction process by serving the tenant with written notice using any of these methods (Tex. Prop Code § 24.005):

• In-person to the tenant or someone in the residence who is at least 16.
• In-person by attaching the notice to the main entry door’s interior.
• By certified, regular, or registered mail with a return receipt.
• If the rental does not have a mailbox and the landlord cannot attach the notice to the inside of the main door, it may be attached in a sealed envelope to the outside of the main door. The landlord must also mail it to the tenant on that day.

If the notice is delivered in person or via mail, the suit begins the day the notice is delivered. If the notice is attached to the outside of the door, it becomes active the day it is affixed to the door, regardless of when the copy is delivered by mail.

Step 2 – Wait for the Tenant to Cure or Quit

The case ends if the tenant pays the overdue rent or corrects the problem. It also ends if the tenant moves out on their own.

If the tenant does nothing before the end of the period, proceed with your case. Winning the case will result in a judgment leading to the tenant’s official eviction.

Step 3 – Prepare Eviction Documents

Prepare the following documents while you wait for the tenant to cure or quit in case they don’t take action:

Required documents:

• A copy of the lease agreement and any agreed-upon written changes.
• A copy of the notice provided to the tenant.
• Written proof of notice delivery.
• Additional evidence supporting the eviction case.

Court forms needed:

• Petition for Eviction
• Statement of Inability (if you are unable to pay court costs and fees)

Step 4 – File Eviction Petition

Make copies of all forms and attached documents. You will need an original for the local Justice of the Peace Court where the property resides, one copy for yourself, and one for each person at the residence.

Fee Requirements:

Filing fees average around $54 for filing and $80-150 for service fees. The amount may vary slightly from county to county. Check with your local courthouse before sending your documents.

The clerk will stamp all forms, keep the original, and return copies to you. Save one for your records and deliver other copies to each tenant through the legal process of serving. If you send your documents by mail, include stamped, addressed envelopes with sufficient postage for all tenants.

Step 5 – Have the Petition Served on Tenant

The petition must go to the tenant(s) personally. This can be done at their home, their place of business, or any other location. Here are some guidelines to follow:

• Selecting a Server: You can’t serve the tenant yourself. Any competent adult who isn’t part of the case, a professional process server, or a sheriff or other law enforcement officer can serve the petition.
• Serving the Papers: The server must give the documents directly to the tenants or mail them via registered or certified mail. The process server must then file a Proof of Service of Summons detailing when, how, where, and to whom the papers were served, with the date, time, and their signature.
• Filing: The server will file the Proof of Service and keep it with the other relevant documents until the trial.

Step 6 – Attend the Trial

Preparing for Trial:

• Bring the original lease or rental agreement. If there were any changes to the lease, bring written copies of those as well.
• Bring all notices served to the tenant.
• Bring any written or verbal communication between you and the tenant.
• If photos or videos are relevant, bring those as well.

Tenant Response:

• If the tenant responds, there will be a hearing before a judge. The judge will weigh both sides and decide at that time. Alternatively, they may put the case “on advisement,” meaning they will consider the facts and issue a ruling later.
• If the tenant does not file a response or show up for trial, the landlord can request a default judgment.

The judge may order the parties to mediation. This process involves a neutral third party assisting the plaintiff and defendant in coming to a resolution.

Step 7 – Get a Decision and Learn Next Steps

Follow this guidance depending on what happens with your situation:

Case Dismissal:

If the tenant moves out or you reach another resolution, you can have your case dismissed. You may need to file a Request for Dismissal. Be sure that all issues are resolved before having your case dismissed. Otherwise, you must start the case over again.

The Landlord Wins the Trial:

If you win, you must wait and do nothing for five days. This holding period gives the parties time to appeal if they wish. Once the judgment is final, the judge will issue a Writ of Possession. The Writ lets the sheriff or constable enter the property and remove the tenant if they have not already left.

This officer will post a 24-hour notice of removal before the physical eviction. If you have any other claims against the tenant that the judge didn’t address in the eviction hearing, you may file a civil claim against them.

The tenant can request up to 90 days’ extension on a Writ of Possession “for good cause,” including illness, disability, or similar issues.

The Tenant Wins the Trial:

If the tenant wins, they may remain in the residence subject to the existing lease agreement. If there are still outstanding rent or lease violation issues, landlords should seek other remedies, such as arbitration or mediation.

If you disagree with the judge’s decision or don’t understand the ruling, seek legal counsel immediately for an explanation. You have a very short period to file a notice of appeal, and you may experience greater success with a lawyer’s assistance.

Eviction Reasons

Landlords must obey state and federal laws when making eviction notices. The Fair Housing Act forbids housing discrimination, including the eviction of tenants based on their race, religion, gender identity, national origin, or sexual orientation. Landlords also can’t initiate an eviction due to a renter’s job, physical or mental disability, marital status, number of children, or public assistance status.

In Texas, you can evict a tenant for any valid reason. These are the most common valid reasons.

At-Fault Evictions

In an at-fault eviction, the tenant violated one of the lease terms or performed some illegal activity on the property. When you perform an at-fault eviction, you should refer to your lease agreement for specifics. At-fault eviction reasons can include:

• Nonpayment of rent
• Violation of other lease terms (such as damaging property or keeping pets in no-pet units)
• Conducting illegal activity on property

1. Notice for Nonpayment of Rent

Overview:

• Use this 3-day notice for nonpayment of rent when your tenant is late on rent (Tex. Prop. Code § 24.005).
• There is a two-day grace period for late rent (Tex. Prop. Code § 92.019(a)(3)). Your lease agreement can provide for a longer grace period.
• It instructs the tenant to pay past-due rent within three days or vacate the property (also called a “clear or quit” notice).
• Unless your lease agreement states otherwise, the three-day period includes weekends and holidays.

2. Notice for Noncompliance with Lease

Overview:

• Use this 3-day notice for noncompliance when your tenant violates a lease term.
• The notice should refer to the specific clause that the tenant has violated.
• You must give the tenant three days to correct or “cure” the violation. If the tenant resolves the problem, the eviction does not proceed.

3. Notice for Illegal Activity

Overview:

• Use this 3-day notice for illegal activity if you have clear evidence of unlawful activity, such as drug trafficking, violent crime, or theft (Tex. Prop. Code § 91.003)
• If you have evidence of a crime in progress, notify law enforcement immediately.

No-Fault Evictions

No-fault evictions occur when landlords ask tenants to leave the premises even though they haven’t violated the lease. Some common reasons for no-fault evictions include a judicial or non-judicial foreclosure, property sale, or nonrenewal of the lease.

1. 30-Day Notice for Lease Termination

Overview:

• Issue this 30-day notice for lease termination to inform the tenant you won’t be renewing their lease.
• Specify the actual move-out date and time. Schedule a walkthrough of the premises.
• If the lease is already month-to-month, the termination notice is 30 days (Tex. Prop. Code § 91.001).

2. Notice of Foreclosure of Property

Overview:

• In a judicial foreclosure, the tenant should receive notice from the bank and may be named in the lawsuit. In a non-judicial foreclosure, the tenants will not receive notice unless the current owner tells them.
• This notice gives the tenant 90 days to vacate the property if the new owners want them to leave.
• The Protecting Tenants at Foreclosure Act (Public Law 111–22, Title VII) allows tenants to remain on the property during the foreclosure process. Most tenants may remain until their current lease expires unless the new owner wishes to occupy the property.

Eviction Timeline

Tenant Rights in Texas

Self-Help Evictions

Landlords cannot engage in retaliation or “self-help” evictions in Texas. Tex. Prop. Code § 92.331 and subsequent sections define this behavior as any bad faith conduct interfering with the tenant’s rights according to the lease. Landlords cannot:

• File eviction proceedings simply because a tenant has requested repairs or complained about the property
• Raise the rent without following state laws regarding rent increases
• Lock the tenant out or change any locks or passcodes
• Refuse to perform maintenance or repairs according to the lease agreement
• Cancel electrical, water, trash, or other services

Tenants may seek civil remedies under Texas law, including penalties of one month’s rent, a $500 fine, costs and attorney fees, moving costs, and any other damages they may be entitled to.

Abandoned Property

Texas has no specific laws about how landlords must handle tenants’ property when they move out voluntarily. If there is nothing in the lease agreement, landlords may get rid of the property according to their discretion.

If a writ of possession is issued by the judge, a police officer will enter the property and remove the tenant and the tenant’s belongings. The landlord may remove the items if the tenant is unavailable or cannot take all of their possessions. The landlord may not:

• Put the property outside if it is raining, snowing, or sleeting
• Block the public sidewalk or street with the property

The landlord is not responsible for storing the property. Law enforcement may hire a storage company to remove and store excess property. The warehouseman can then place a warehouseman’s lien on the property. The tenant must pay for and remove the property within 30 days (Tex. Prop. Code §24.0061).

Resources

• Texas Courts Eviction Diversion Program – Provides mediation for landlords and tenants outside the judicial process.
• Texas LawHelp – Provides legal assistance for various legal issues, including eviction-related ones.
• Texas State Law Library – This is a current, easy-to-navigate site with information for landlords and tenants and features links to court forms.