NON PAYMENT OF RENT

How to Legally Evict a Tenant for Unpaid Rent Under Texas Law

One of the most common reasons landlords begin the Texas eviction process is nonpayment of rent. If you are searching for how to evict a tenant in Texas for unpaid rent, you are not alone. Missed rent payments directly impact cash flow, mortgage obligations, property taxes, and maintenance expenses.

​

Texas law provides a clear legal pathway for landlords to regain possession when a tenant fails to pay rent. However, strict compliance with Texas eviction laws and the Texas Property Code is required. Mistakes can delay your case or cause dismissal.

​

CheapEvictions123.com provides affordable Texas eviction services that help landlords move quickly while staying compliant with statutory requirements.

​

This guide explains everything landlords need to know about nonpayment of rent evictions in Texas.

​

When Can You Evict for
Nonpayment of Rent in Texas?

A landlord may begin eviction proceedings when:

• Rent is past due under the lease agreement

• Any applicable grace period has expired

• The tenant has failed to cure the default
   

Most leases define when rent is considered late. Even if the lease provides a grace period, once rent remains unpaid beyond that period, you may serve an eviction notice Texas law requires.

​​

Step 1: Serve a 3 Day Notice to Vacate for Nonpayment

Under Texas Property Code eviction rules, landlords must provide at least a 3 day written notice to vacate unless the lease specifies a different timeframe.

​

The eviction notice Texas landlords use for nonpayment must:

• Be in writing

• Identify the property

• State that rent is unpaid

• Provide a clear deadline to vacate
   

Important: The notice does not have to offer the tenant an opportunity to pay unless the lease requires it. Texas is generally a notice to vacate state, not automatically a pay or quit state.

​

Proper delivery methods include:

• Personal delivery

• Certified mail

• Delivery to someone over 16 at the residence

• Posting inside the main entry door

• Secure exterior posting in limited circumstances
   

Failure to properly deliver notice is one of the most common reasons eviction cases are dismissed when landlords file eviction in Texas courts.

​​

Step 2: Wait the Statutory Notice Period

The three day period begins the day after delivery.

​

If the tenant:

• Pays in full and the landlord accepts payment

• Vacates voluntarily
   

The eviction process may stop.

​

If the tenant neither pays nor vacates, you may proceed to court.​

Step 3: File the Eviction Petition

To formally evict a tenant in Texas for unpaid rent, you must file a Petition for Eviction in the Justice of the Peace Court where the property is located.

​

The petition includes:

• Tenant names

• Property address

• Amount of unpaid rent

• Grounds for eviction
   

This officially begins the court phase of the Texas eviction process.

Once filed, the court schedules a hearing and issues a citation for service.

​​

Step 4: Service of Citation

The constable or authorized process server must serve the tenant with the lawsuit paperwork.

Service delays may occur if:

• The tenant avoids service

• Multiple attempts are required
   

Improper service can extend how long it takes to evict a tenant in Texas.

Professional tenant eviction service coordination reduces service related delays.

​​

Step 5: Attend the Court Hearing

Eviction hearings are typically scheduled within 10 to 21 days after filing.

To win a nonpayment eviction case, the landlord must prove:

• A valid lease exists

• Rent is unpaid

• Proper eviction notice Texas requirements were met

• Notice was delivered correctly
   

Bring to court:

• Signed lease agreement

• Rent ledger

• Copy of the 3 day notice

• Proof of delivery
   

If the judge rules in your favor, you receive a judgment for possession and possibly a money judgment for unpaid rent.

​​

Step 6: Appeal Period

After judgment, the tenant has five calendar days to file an eviction appeal Texas courts recognize.

If the tenant appeals:

• The case moves to County Court

• The timeline extends

• Additional filings may be required
   

If no appeal is filed within five days, you may proceed to request a writ of possession.

​​

Step 7: Writ of Possession Texas Procedure

A Writ of Possession Texas courts issue authorizes the constable to restore possession of the property.

The constable will:

• Post a 24 hour warning notice

• Return to remove occupants if necessary
   

Landlords cannot legally remove tenants themselves.

​

How Long Does a Nonpayment
Eviction Take in Texas?

Typical uncontested timeline:

• 3 day notice period

• 2 to 3 weeks to hearing

• 5 day appeal period

• 1 to 7 days for writ execution
   

Total average: 3 to 5 weeks

​

If the tenant files an eviction appeal Texas courts must process, the timeline may extend several additional weeks.

​​

What If the Tenant Pays After Filing?

Many landlords ask whether accepting payment stops the eviction.

It depends on:

• Lease language

• Whether the landlord agrees in writing

• Court status
   

In some cases, accepting payment may require restarting the Texas eviction process.

Professional guidance helps landlords avoid unintentionally waiving rights.

​​

Can You Lock Out a Tenant for Nonpayment?

Texas Property Code contains limited lockout provisions, but strict rules apply:

• The lease must authorize lockout

• Advance notice must be posted

• A key must be provided
   

Improper lockouts can expose landlords to liability under Texas eviction laws.

Lockouts do not replace the requirement to file eviction in Texas courts.

​​

Common Mistakes in Nonpayment Evictions

1. Serving defective eviction notice Texas format

2. Filing before the notice period expires

3. Accepting partial payment without documentation

4. Incorrectly calculating unpaid rent

5. Attempting self help eviction
    

Each mistake can delay how long it takes to evict a tenant in Texas.

​

Frequently Asked Questions