TEXAS EVICTION LAWS

If you are a landlord searching for Texas eviction laws, you are likely trying to ensure that you follow the correct legal procedures before removing a tenant. The eviction process in Texas is governed primarily by the Texas Property Code and procedural rules established for Justice of the Peace Courts. Failing to comply with these laws can delay your case, result in dismissal, or expose you to liability.

​

This guide explains the legal foundation behind Texas eviction services, what landlords are required to do, what tenants are entitled to, and how the courts interpret eviction cases.

​

 

The Legal Authority Behind Evictions in Texas

Texas eviction laws are primarily found in:

• Texas Property Code, Chapter 24

• Texas Rules of Civil Procedure

• Local Justice Court rules
   

These laws outline:

• Notice requirements

• Filing procedures

• Court hearing standards

• Appeal rights

• Writ of possession procedures
   

Understanding this legal framework is critical before attempting to evict a tenant in Texas.

​

 

Notice Requirements Under Texas Law

Before filing eviction in Texas courts, landlords must provide proper written notice to vacate.

​

The standard notice period is:

• Three days for nonpayment of rent

• Three days for most lease violations

• Longer if the lease specifies a different timeframe
   

The eviction notice Texas law requires must:

• Be in writing

• Identify the tenant and property

• State the reason for termination

• Provide the deadline to vacate
   

Improper notice is one of the most common reasons eviction cases are dismissed.

​

 

Delivery of the Eviction Notice

Texas eviction laws specify approved delivery methods:

• Personal delivery to the tenant

• Delivery to a person over 16 at the premises

• Certified mail

• Posting on the inside of the main entry door

• Secure exterior posting in limited circumstances
   

If the landlord cannot prove proper delivery, the court may rule against them.

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

​

 

Filing the Eviction Case

Once the notice period expires, the landlord may file a forcible detainer action in the Justice of the Peace Court.

​

The petition must include:

• Names of tenants

• Property address

• Grounds for eviction

• Amount of unpaid rent if applicable
   

This step officially begins the Texas eviction process in court

​

Landlords searching for file eviction in Texas courts often underestimate the importance of precise documentation. Even small clerical errors can delay the case.

​

 

Tenant Rights Under Texas Eviction Laws

Tenants are entitled to:

• Proper notice

• Service of citation

• A court hearing

• The opportunity to present defenses

• The right to file an eviction appeal Texas courts recognize
   

Common tenant defenses include:

• Improper notice

• Payment disputes

• Retaliation claims

• Habitability issues
   

Texas law prohibits retaliatory eviction. Landlords cannot evict a tenant for reporting health or safety violations.

​

 

The Eviction Hearing Standard

At the hearing, the judge determines:

• Whether proper notice was given

• Whether the lease was violated

• Whether rent is unpaid

• Whether the landlord is entitled to possession
   

The burden of proof is on the landlord.

​

Evidence typically includes:

• Lease agreement

• Rent ledger

• Copy of eviction notice

• Proof of delivery

• Photos or violation records
   

If the landlord prevails, the court issues a judgment for possession.

​

 

Appeal Rights in Texas

After judgment, tenants have five calendar days to file an eviction appeal Texas law permits.

If an appeal is filed:

• The case moves to County Court

• The tenant may be required to post a bond or file a statement of inability to pay

• The process timeline extends
   

Eviction appeal Texas cases often create delays if landlords are unprepared.

​

 

Writ of Possession Texas Procedure

If no appeal is filed within five days, the landlord may request a Writ of Possession Texas courts issue.

​

The writ authorizes the constable to:

• Post a 24 hour notice

• Remove occupants

• Supervise property removal
   

Landlords cannot legally remove tenants themselves.

Self help eviction actions such as physical removal or utility shutoff violate Texas eviction laws.

​

 

Lockout Laws in Texas

Texas law allows limited lockouts for nonpayment under strict conditions:

• The lease must authorize lockout

• Advance notice must be provided

• A key must be made available
   

Improper lockouts can result in penalties.

This area of Texas Property Code eviction law is frequently misunderstood.

​

 

Special Situations Under Texas Eviction Laws

 

Evicting Without a Lease

Month to month tenants must still receive proper notice before filing eviction in Texas courts.

​

Evicting After Foreclosure

Federal protections may apply in some cases.

​

Evicting for Criminal Activity

Immediate termination rights may apply depending on lease terms and circumstances.

​

Each scenario requires careful compliance with statutory requirements.

​

 

Timeline Under Texas Eviction Laws

Typical uncontested case:

• Notice period: 3 days

• Filing to hearing: 10 to 21 days

• Appeal window: 5 days

• Writ execution: Several days
   

Total average time: Approximately 3 to 5 weeks.

Appeals and contested hearings extend the timeline.

​

 

Consequences of Violating Texas Eviction Laws

Landlords who fail to follow proper procedure may face:

• Case dismissal

• Delay in regaining possession

• Monetary damages

• Attorney fee awards to tenants

• Civil penalties
   

Following the legal Texas eviction process protects landlords from unnecessary liability.

​

 

Why Legal Compliance Matters

Many landlords attempt to evict a tenant in Texas without fully understanding procedural requirements.

​

Professional Texas eviction services help ensure:

• Proper eviction notice Texas compliance

• Accurate court filings

• Timely hearings

• Proper writ of possession Texas coordination
   

CheapEvictions123.com helps landlords comply with Texas Property Code eviction requirements while keeping costs affordable.

​