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PROPERTY CODE EVICTIONS

Understanding Chapter 24 and the Statutory Rules
That Govern the Texas Eviction Process

When landlords search for Texas Property Code eviction rules, they are usually looking for the exact statute that authorizes removal of a tenant. While general guides explain the Texas eviction process, this page focuses specifically on the statutory authority that governs eviction cases in Texas.

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Evictions in Texas are primarily controlled by Chapter 24 of the Texas Property Code, which outlines forcible detainer actions, notice to vacate requirements, appeal rights, and writ of possession procedures.

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If you are preparing to evict a tenant in Texas, understanding how the statute operates can protect you from procedural mistakes that delay your case or cause dismissal.

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CheapEvictions123.com provides Texas eviction services designed to comply fully with the Texas Property Code eviction framework.

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What Is a Forcible Detainer
Under Texas Property Code?

Under Chapter 24, most residential evictions are legally classified as forcible detainer actions.

A forcible detainer occurs when:

  • A tenant refuses to surrender possession after default

  • A tenant remains after lease termination

  • A tenant holds over after foreclosure

  • A tenant violates the lease and fails to vacate
     

The statute gives landlords the right to regain possession through Justice of the Peace Courts.

This is the legal foundation of the Texas eviction process.​

 

Texas Property Code Notice to Vacate Requirements

One of the most frequently searched statutes is Texas Property Code Section 24.005, which governs notice to vacate.

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The statute provides:

  • A landlord must give at least 3 days written notice to vacate

  • The lease may modify the notice period

  • Notice must be delivered properly under statutory rules
     

The eviction notice Texas law requires must:

  • Be in writing

  • Identify the premises

  • Provide a clear deadline

  • Be delivered according to statute
     

Failure to strictly comply with this section is one of the most common reasons courts dismiss cases when landlords file eviction in Texas courts.​

 

Statutory Delivery Methods for Notice

Texas Property Code outlines acceptable delivery methods:

  • Personal delivery to the tenant

  • Delivery to someone over 16 at the residence

  • Certified mail

  • Posting on the inside of the main entry door

  • Secure exterior posting if entry is dangerous or not possible
     

Landlords must be able to prove delivery in court.

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Professional tenant eviction service providers ensure compliance with statutory service requirements.

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Filing the Forcible Detainer Petition

After notice expires, the landlord may file a petition in the Justice of the Peace Court where the property is located.

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The Texas Property Code eviction framework does not require an attorney at the Justice Court level, but strict procedural compliance is necessary.

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The petition must include:

  • Property address

  • Tenant names

  • Grounds for eviction

  • Amount of unpaid rent if applicable
     

Once filed, the case becomes part of the formal Texas eviction process.

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Tenant Rights Under Texas Property Code

The statute provides tenants with important protections:

  • Right to proper notice

  • Right to service of citation

  • Right to a hearing

  • Right to present defenses

  • Right to file an eviction appeal Texas courts must process
     

Common statutory defenses include:

  • Improper notice

  • Defective service

  • Retaliation

  • Payment disputes
     

Texas Property Code prohibits retaliatory eviction when tenants report health or safety violations.

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Appeal Rights Under Chapter 24

After a judgment for possession, the tenant has five calendar days to file an eviction appeal Texas procedure allows.

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The statute outlines:

  • Appeal bond requirements

  • Statement of inability to pay

  • Transfer to County Court
     

Eviction appeal Texas cases are governed by both statute and procedural rules.

An appeal can significantly extend how long it takes to evict a tenant in Texas.​

 

Writ of Possession Under Texas Property Code

If no appeal is filed within five days, the landlord may request a writ of possession.

The Texas Property Code authorizes:

  • Issuance of writ by the court

  • Execution by constable

  • Posting of 24 hour warning notice

  • Supervised removal of occupants
     

Landlords cannot legally remove tenants themselves.

Self help eviction violates statutory protections and may expose landlords to liability.

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Lockout Provisions in Texas Property Code

Texas Property Code contains specific lockout provisions allowing landlords to change locks for nonpayment under limited conditions.

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Statutory requirements include:

  • Lease must authorize lockout

  • Notice must be posted

  • A key must be provided regardless of payment
     

Improper lockout can result in civil penalties.

Many landlords misunderstand this section of Texas Property Code eviction law.

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Commercial vs Residential
Under Texas Property Code

Chapter 24 applies to both residential and commercial forcible detainer actions, though lease terms may alter certain notice requirements.

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Commercial evictions often involve:

  • Contract specific notice provisions

  • Different default language

  • Higher financial stakes
     

However, the statutory structure remains similar.

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Relationship Between Texas Property Code and Texas Eviction Timeline

While Chapter 24 sets statutory minimums, the actual eviction timeline in Texas depends on:

  • Court scheduling

  • Service timing

  • Appeal filings

  • Constable workload
     

Even when the statute allows prompt action, practical timelines vary by county.

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Common Statutory Mistakes Landlords Make

  1. Serving improper eviction notice Texas format

  2. Failing to wait full statutory notice period

  3. Filing before notice expires

  4. Incorrectly naming tenants

  5. Attempting self help eviction
     

These errors often result in dismissal and restart of the Texas eviction process.

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Why Statutory Compliance Matters

When landlords search for Texas eviction services, they are often trying to avoid costly procedural mistakes.

Strict adherence to Texas Property Code eviction requirements ensures:

  • Proper notice

  • Correct filing

  • Valid judgment

  • Enforceable writ of possession
     

CheapEvictions123.com assists landlords in navigating Chapter 24 requirements efficiently and affordably.

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Frequently Asked Questions

1. What section of the Texas Property Code governs evictions?
Chapter 24 of the Texas Property Code governs forcible detainer and eviction procedures.

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2. How many days notice does the Texas Property Code require?
At least 3 days written notice unless the lease specifies otherwise.

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3. Can I shorten the notice period in my lease?
The lease may modify the period, but it must comply with statutory standards.

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4. What happens if the eviction notice does not comply with the statute?
The court may dismiss the case and require the landlord to restart the process.

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5. What is a forcible detainer action?
It is the legal term used under Texas Property Code for eviction lawsuits.

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6. How long does the Texas eviction process take under the statute?
Statutory minimums allow a case to proceed quickly, but practical timelines average 3 to 5 weeks.

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7. What is a writ of possession under Texas Property Code?
It is a court order authorizing the constable to restore possession to the landlord.

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8. Can landlords remove tenants without a writ?
No. Self help eviction violates statutory protections.

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9. What rights do tenants have under Chapter 24?
Tenants have rights to notice, hearing, appeal, and due process.

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10. Do I need an attorney to file under Texas Property Code?
An attorney is not required in Justice Court, but professional eviction services reduce risk of dismissal.

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