Texas Eviction Laws: Notice, Hearing, and Writ of Possession

Texas eviction laws require a landlord to deliver a written notice to vacate, file suit in the justice court for the precinct where the property sits, win a judgment, wait at least five days for the tenant’s appeal window to close, and then have a constable or sheriff execute a writ of possession. Chapter 24 of the Texas Property Code sets the sequence, and skipping any step is grounds for dismissal. An uncontested case usually runs three to five weeks; an appeal can stretch it well past that.

Grounds a Landlord Can Use

Three situations support an eviction filing: unpaid rent, a lease violation, or a holdover tenant who stays after the lease ends or is terminated. Unpaid rent is the most common.

Lease violations have to be things the written lease actually prohibits, from unauthorized pets to damage beyond normal wear and tear. A landlord cannot evict over conduct the lease doesn’t address, which is why the exact wording of the lease matters. Holdover cases arise when the term has expired and the tenant stays without the landlord’s consent. In all three scenarios the first required step is the same written notice.

The Notice to Vacate

Before anything is filed in court, the landlord must give the tenant a written notice to leave. The statutory default is at least three days, though a written lease can shorten or lengthen that window.¹ This applies to written leases, oral agreements, and tenants-at-will alike. Without proper notice, the court will dismiss the suit.

Several delivery methods are allowed. The landlord can hand the notice directly to the tenant or to anyone at least 16 years old living at the property, affix it to the inside of the main entry door, or mail it to the property by regular, registered, or certified mail with return receipt requested.¹

If posting inside isn’t practical because of a keyless deadbolt, an alarm system, a dangerous animal, or a reasonable safety concern, the landlord can tape a sealed envelope to the outside of the front door with the tenant’s name, address, and the words “IMPORTANT DOCUMENT” printed on it, and mail a copy the same day. Under this method the notice is treated as delivered the date the envelope is posted and mailed, whether or not the tenant reads it right away.¹

The statute doesn’t mandate specific wording, but a notice that clearly states the date, the reason, and the deadline to leave is harder for a tenant to attack in court.

Filing in Justice Court

Once the notice period passes and the tenant is still there, the landlord files a petition for eviction in the justice court for the precinct where the property is located.² Justice courts handle eviction cases at this first stage. They decide who gets possession and can award back rent, but they cannot resolve disputes about who owns the property.

After filing, a constable or sheriff serves a citation on the tenant with the hearing date. The tenant can appear and present a defense.

The Hearing

Eviction hearings before a Justice of the Peace move quickly. The landlord typically brings the lease (if any), proof the notice to vacate was properly delivered, and evidence of the underlying violation. For unpaid rent, that usually means a payment ledger. For a lease violation, it can be photographs, prior written warnings, or witness testimony.

Tenants who show up can raise defenses: improper notice, retaliation, the landlord’s failure to make needed repairs, or discrimination. The landlord carries the initial burden, and a tenant who undermines the notice or the timeline can win dismissal even when rent is genuinely owed.

If the judge rules for the landlord, the court issues a judgment for possession along with any award for back rent and court costs. The judgment does not mean immediate removal. A waiting period follows.

Attorney Fees

Either side can recover attorney fees if the lease provides for them. A landlord without a fee clause can still become eligible by sending a separate written demand at least 10 days before filing suit, by registered or certified mail, warning that attorney fees will be sought if the tenant doesn’t vacate within 10 days.³ This demand is separate from the notice to vacate. A tenant who wins can also recover fees if the lease or that demand letter triggered fee eligibility.

Appeal to County Court

A tenant who loses has five days from the date the judgment is signed to appeal to the county court.⁴ Miss that deadline by a day and the judgment is final.

The usual path is posting an appeal bond or cash deposit. A tenant who cannot afford either can file a pauper’s affidavit, a sworn statement of income, debts, dependents, assets, and expenses.⁵ If the justice court approves it, the tenant appeals without paying filing fees. The landlord can contest the affidavit, and the court holds a hearing within five days where the tenant has to prove inability to pay.

An appeal sends the case to county court for a brand-new trial. The eviction pauses during the appeal, though the tenant may be ordered to pay rent into the court registry while it’s pending.

The Writ of Possession

If no appeal is filed within five days, the landlord can ask for a writ of possession. The court cannot issue the writ before the sixth day after the judgment was signed.⁶ A constable or sheriff must then serve it within five business days.

The officer first posts a written warning on the outside of the front door, at least 8½ by 11 inches, stating a specific date and time for execution. That date has to be at least 24 hours after the warning is posted.⁶ This is the tenant’s last chance to leave on their own.

When the officer returns, anyone inside is ordered out. Reasonable force is allowed if they refuse. The tenant’s belongings are placed at a nearby spot outside the unit, but the statute forbids blocking any public sidewalk, passageway, or street.⁶ The officer also cannot set belongings outside while it’s raining, sleeting, or snowing. Bad weather simply delays the removal.

What Landlords Are Not Allowed to Do

Frustration with the court process pushes some landlords into shortcuts, and Texas law punishes those shortcuts hard.

Self-Help Tactics Are Illegal

A landlord cannot remove doors, windows, locks, or related hardware to pressure a tenant out. Removing landlord-furnished appliances or fixtures is also prohibited unless it’s for a genuine repair that gets completed promptly.⁷ Shutting off utilities, pulling the front door, or boarding up windows to force a tenant out without a court order are all unlawful.

One narrow exception exists. A landlord can change the door locks on a tenant behind on rent, but only if the lease specifically allows it, written notice is given three to five days in advance depending on delivery method, and a new key is provided to the tenant at any hour, day or night, whether or not the overdue rent is paid.⁷ The tenant gets back in either way, so the lockout is a pressure tactic, not an eviction shortcut, and botching any requirement opens the landlord to liability.

Retaliation

A landlord cannot evict a tenant for exercising a legal right. Protected activity includes complaining to the landlord or a government agency about health or safety problems, using a remedy provided by the lease or by law, and joining a tenant organization.⁸

For six months after any such action, the landlord cannot file an eviction, cut off services, raise the rent, or terminate the lease in response. A tenant whose eviction notice comes within that window has a strong defense, and the landlord has to show the eviction was really driven by something unrelated, like unpaid rent or a serious lease violation.

Federal Protections That Can Override State Timing

Texas eviction procedure doesn’t operate alone. Several federal laws reach into the state process in specific situations.

Fair Housing Act

A landlord cannot evict based on race, color, religion, sex, national origin, familial status, or disability.⁹ An eviction that reads as neutral but targets a tenant for being in a protected class violates federal law, and the tenant can file a complaint with the U.S. Department of Housing and Urban Development.

Servicemembers Civil Relief Act

Active-duty servicemembers and their dependents get added protection. A landlord cannot evict a protected servicemember without a court order, and if military service has affected the ability to pay rent, the court must grant a stay of at least 90 days on request and can extend it or adjust the rent obligation.¹⁰ The protection applies when the monthly rent is below an inflation-adjusted threshold, which was $9,812 in 2024 and is recalculated each year. Knowingly evicting a protected servicemember outside the SCRA can bring fines and up to a year in prison.

CARES Act 30-Day Notice

Properties backed by a federal mortgage (Fannie Mae, Freddie Mac, FHA, VA, and similar programs) or participating in federal housing programs require at least 30 days’ notice before a tenant can be required to vacate for nonpayment. On these properties the standard three-day Texas notice is not enough. Not every landlord knows whether their mortgage qualifies, so a tenant facing an eviction on a federally backed property should check.

Security Deposit After the Tenant Leaves

An eviction doesn’t cancel the landlord’s duty to deal with the security deposit. Within 30 days after the tenant surrenders the property, the landlord must return the deposit minus any legitimate deductions for unpaid rent or damage beyond normal wear and tear, along with an itemized list of deductions.¹¹

A landlord who fails to refund or itemize within 30 days is presumed to have acted in bad faith. The tenant can sue for $100, plus three times the amount wrongfully withheld, plus attorney fees.¹² Keeping the entire deposit out of anger can cost the landlord several times what the deposit was worth.

Eviction Records

An eviction filing creates a public court record that appears on tenant screening reports, even if the tenant wins or the landlord dismisses the case. Texas has begun addressing the problem through administrative measures, though sealing and expungement protections remain limited compared to some other states, and the rules continue to change. A tenant who successfully defends an eviction should ask the court whether access to the record can be restricted.

1
State of Texas. Texas Property Code PROP 24.005 – Notice to Vacate
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State of Texas. Texas Property Code Section 24.004 – Jurisdiction and Dismissal
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State of Texas. Texas Property Code PROP 24.006 – Attorney Fees
4
Texas Courts. Texas Rules of Civil Procedure – March 1, 2026
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State of Texas. Texas Property Code PROP 24.0052 – Appeal by Tenant Unable to Pay Costs
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State of Texas. Texas Property Code Section 24.0061 – Writ of Possession
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State of Texas. Texas Property Code Section 92.0081 – Removal of Property and Exclusion of Tenant
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State of Texas. Texas Property Code Section 92.331 – Retaliation by Landlord
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Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing
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Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress
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State of Texas. Texas Property Code Section 92.103 – Obligation to Refund
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State of Texas. Texas Property Code PROP 92.109 – Liability of Landlord