To evict your adult child in Texas, you have to use the same forcible detainer process a landlord uses against any tenant: deliver a written notice to vacate, file an eviction suit in Justice Court if they don’t leave, and then have a constable execute a Writ of Possession. It doesn’t matter that they never signed a lease or paid rent. Once your child turns 18 and keeps living in your home, Texas law treats them as a tenant at will, and the only lawful way to end that tenancy is through the courts.1State of Texas. Texas Property Code Section 24.005 – Notice to Vacate Prior to Filing Eviction Suit Start to finish, the process can run about three weeks if uncontested, or several months if your child fights it.
Make Sure Your Child Is Actually Evictable
Texas sets the age of majority at 18.2Justia. Texas Civil Practice and Remedies Code Chapter 129 – Age of Majority You cannot evict a child under 18; parents have a legal duty to house and support minors, and intentionally failing to do so is a state jail felony under the Penal Code.3State of Texas. Texas Penal Code Section 25.05 – Criminal Nonsupport An emancipated minor is treated as an adult and can be evicted like one.4State of Texas. Texas Family Code Chapter 31 – Removal of Disabilities of Minority
One other boundary matters before you file anything. If your adult child has a mental or physical disability that began before they turned 18 and prevents them from supporting themselves, a Texas court can order indefinite parental support.5State of Texas. Texas Family Code Chapter 154 – Child Support, Section 154.302 If a support order like that already exists, evicting the child could put you in violation of it. Talk to a family law attorney before moving forward if this applies to you.
Step 1: Serve a Written Notice to Vacate
Everything starts with a written Notice to Vacate. For a tenant at will with no lease, Texas requires a minimum of three days’ written notice before you can file suit.1State of Texas. Texas Property Code Section 24.005 – Notice to Vacate Prior to Filing Eviction Suit That’s the floor. You can give more time if you want to soften the process, but you don’t have to.
The notice needs your child’s full name, the property address, a clear statement that their right to live there is terminated, and the date they must be out. Deliver it in one of the ways the statute recognizes:
- Hand it directly to your child, or to anyone 16 or older living in the home.
- Post it on the inside of the main entry door.
- Send it by regular, registered, or certified mail with return receipt requested to the property address.
Keep a copy and keep proof of delivery. A certified mail receipt or a dated photo of the posted notice is what you’ll need if the case goes to a hearing.
Don’t Accept Money After You Serve the Notice
Once the notice is served, refuse any payment your child offers for rent, utilities, or anything else that could look like payment for staying. Accepting money after the notice can be read as agreeing to a new tenancy, and that quietly resets the whole process. If they hand you cash, tell them the notice stands and don’t take it.
Step 2: File the Eviction Suit in Justice Court
If your child hasn’t left by the deadline in the notice, go to the Justice of the Peace court for the precinct where your property sits and file a Petition for Eviction. As of January 2026, the filing fee is $54, plus $100 to serve each person named in the suit.6Texas Office of Court Administration. Fees for Justice Courts (Effective 01/01/2026) For one adult child, plan on at least $154.
A constable or sheriff’s deputy will attempt service within five business days of filing. The court then sets a hearing between 10 and 21 days after you filed, and at least 4 days after your child is actually served.7State of Texas. Texas Property Code Chapter 24 – Forcible Entry and Detainer, Section 24.0051
Show up on the hearing date. Bring the original Notice to Vacate, proof it was delivered, and documentation that you own the property. If your child doesn’t appear, you’ll likely get a default judgment. If they do appear and dispute the eviction, the judge hears both sides before ruling.
Step 3: Get a Writ of Possession
Winning the hearing doesn’t put your child out on its own. They have five days after the ruling to file an appeal to County Court.8Texas Law Help. Appealing an Eviction If no appeal is filed, you can request a Writ of Possession on the sixth day. If they file an appeal but don’t deposit one month’s rent with the Justice Court within those five days, the judge can still sign the writ.
The writ is a court order directing law enforcement to remove your child and their belongings. A constable posts a 24-hour warning notice on the property, and after those 24 hours pass, the constable comes back and supervises the actual removal.8Texas Law Help. Appealing an Eviction You don’t carry out this step. Ever.
What Happens to the Belongings
When the constable executes the writ, your child’s property comes out of the house and goes to a nearby public area, though not blocking a sidewalk or street. If it’s raining, the constable either waits or has the property placed in a nearby storage container.9Texas Law Help. Personal Property in an Eviction: What Happens to Your Things?
Texas doesn’t require you to store the belongings. The constable does have discretion to hire a warehouseman, who then holds a lien on the property; your child has 30 days to pay the storage costs and reclaim it before the warehouseman can sell it.9Texas Law Help. Personal Property in an Eviction: What Happens to Your Things? Practically, the cleaner move is to give your child real chances to pick up their things before the writ is executed. Curb disputes get ugly fast.
Why You Can’t Just Change the Locks
Skipping the court process by changing the locks, shutting off utilities, or hauling belongings out while your child is away is illegal in Texas, even when the person you’re removing is your own child living rent-free. A locked-out tenant can sue for a civil penalty of one month’s rent plus $1,000, plus actual damages, court costs, and reasonable attorney’s fees. Changing the locks and then refusing to hand over a key adds another month’s rent on top of that.10State of Texas. Texas Property Code Chapter 92 – Residential Tenancies, Section 92.009
Your child can also file for a Writ of Re-Entry and be right back in the house, with a judge now paying attention to your behavior. The legal route costs $154 and a few weeks. The shortcut can cost thousands and reset you to zero.
Think About the Tax Timing
Removing your child from the home can move your federal return in two ways. Head of Household filing status requires a qualifying person to live with you more than half the tax year.11Internal Revenue Service. Filing Status If your child is out before July, you may lose that status for the year and drop to Single, which raises your tax bill.
You may also lose the dependent claim. For 2026, an adult child can be a qualifying relative only if they lived with you the whole year, you paid more than half their support, and their gross income is under $5,300.12Internal Revenue Service. Revenue Procedure 2025-32 An adult child under 24 who’s a full-time student can qualify under the qualifying child rules instead, but the residency test still requires more than half the year in your home.13Internal Revenue Service. Dependents An eviction that wraps in February hits your return very differently than one that closes in November. If the situation isn’t urgent, the calendar is worth a look before you file the petition.