Texas Property Code Eviction Process and Tenant Rights

The Texas eviction process runs on a fixed sequence: a written notice to vacate, a forcible detainer lawsuit filed in the local Justice of the Peace court, a hearing on at least six days’ notice, and, if the landlord wins, a court-ordered writ of possession that a constable or sheriff carries out. Tenants have the right to appear, present evidence, demand a jury, appeal, and sue if the landlord skips the court process or retaliates. Missing a step is fatal for the landlord; missing a deadline is usually fatal for the tenant.

When a Landlord Can File

Texas law lets a landlord bring a forcible detainer suit when a tenant’s right to possession has ended and the tenant won’t leave. That covers three common situations: the lease has expired and the tenant is holding over, the tenant has breached the lease (nonpayment of rent is the usual breach), or the tenant is occupying the property without a current agreement after being told to go.¹ Before the landlord can file anything, a written demand for possession must be delivered.

The Notice to Vacate

The notice to vacate is the step that decides more Texas eviction cases than any other. The default period is three days, but a written lease can shorten it to one day or make it longer.² Many Texas leases set it at one day. Read the lease.

The landlord can deliver the notice by regular or certified mail, by hand to any tenant at least 16 years old, by placing it inside the unit in a conspicuous spot, or electronically if the lease specifically allows it.² Personal delivery isn’t required first; each method stands on its own. When the eviction is for unpaid rent, the notice should say how much is owed, and if the lease contains a cure provision, the tenant must be given a chance to pay.

An improperly delivered or badly timed notice is the single most common reason eviction cases get dismissed. If the landlord skips the notice or uses a method the statute doesn’t recognize, the court sends the landlord back to the beginning.

Month-to-Month Tenancies

When a lease has expired and the tenant is paying month-to-month, the landlord has to end that arrangement first with a separate termination notice, then issue the notice to vacate. For monthly tenancies, the termination date must be at least one month after the notice; for weekly tenants, at least one week.³ The parties can agree in writing to a different period or to none at all.

Section 8 Tenants

Housing Choice Voucher (Section 8) tenants have extra protection. During the lease term, the landlord can terminate only for serious or repeated lease violations, violations of law connected to the property, or other good cause, and the written notice must state the specific grounds before any eviction is filed.⁴ Wanting to sell, raise rent, or take back the unit is not enough during the initial term. As of February 2026, HUD rescinded the CARES Act rule requiring a 30-day nonpayment notice at federally subsidized properties, so the standard Texas notice period now governs unless the lease says otherwise.⁵

Filing and Service

Once the notice period runs out, the landlord files a sworn eviction petition in the Justice of the Peace court in the precinct where the property sits. The petition has to describe the property, state the grounds, and explain when and how the notice to vacate was delivered. Every tenant on a written residential lease who still lives there must be named.⁶ Filing fees vary by county, and constable service fees for delivering the citation apply per defendant. Unless a judge authorizes an alternative, service is by a sheriff or constable.⁷

The Hearing

Trial cannot happen sooner than six days after the tenant is served.⁸ Hearings are typically set within two to three weeks of filing, depending on the docket and how quickly service is completed.

The landlord carries the burden of proof by a preponderance of the evidence. The standard evidence is the lease, a rent ledger, copies of the notice to vacate with proof of delivery, and any written communications. The tenant can cross-examine, present receipts, repair requests, correspondence, and other documents, and call witnesses. Either side can demand a jury trial by filing a written request and paying the jury fee at least three days before trial.⁸ A tenant who doesn’t appear will almost certainly lose by default.

Judgment and Writ of Possession

If the landlord wins, the judge awards possession and can also award delinquent rent through the date of judgment, court costs, and attorney’s fees where the lease makes them recoverable. If the tenant wins, the tenant gets costs and (again, where recoverable) attorney’s fees.⁹

One rule sets eviction cases apart from other lawsuits: there is no motion for new trial. The only post-judgment option is an appeal.

If the tenant doesn’t leave voluntarily after losing, the landlord can ask for a writ of possession. The court cannot issue the writ before the sixth day after the judgment is signed, or the day after the appeal deadline expires, whichever is later.⁹ The writ must issue within 60 days of judgment, extendable to 90 for good cause. Once issued, a constable or sheriff serves it and typically gives the tenant 24 hours’ notice before physically removing occupants and setting belongings outside.

Appealing the Judgment

A tenant who loses has five days from the signing of the judgment to appeal. Appeal is perfected by filing a bond, making a cash deposit, or submitting a Statement of Inability to Afford Payment of Court Costs.¹⁰ The case then moves to the County Court at Law and is retried from scratch, as if the first trial never happened.

Tenants who appeal by filing a Statement of Inability to Afford Payment face two ongoing obligations that end most appeals in practice. Within five days of filing the statement, the tenant has to deposit the amount specified in the court’s notice into the justice court registry. Miss that deposit, and the landlord can obtain a writ of possession with no further hearing.¹⁰ While the appeal is pending, the tenant must also pay each month’s rent into the county court registry within five days of the rental due date. One missed payment can end the appeal and trigger immediate eviction.

Lockouts for Unpaid Rent

Texas is unusual in allowing a landlord to change the locks on a tenant’s unit without going to court, but only when narrow conditions are all met: the lease specifically grants the right to lock out for unpaid rent, the tenant is actually behind, and the landlord provides advance written notice.¹¹

The notice timing depends on delivery: mailed notice must go out at least five calendar days before the lock change; hand-delivered or posted on the inside of the main entry door, at least three days before. The notice must state the earliest date the locks will be changed, the amount of rent needed to prevent the lockout, where to pay or discuss the delinquency, and, in bold or underlined text, the tenant’s right to receive a new key at any hour regardless of whether rent has been paid.¹¹

That new-key rule matters. A lawful lockout is a pressure tool for rent collection, not a substitute for eviction. Even after locks change, the landlord must provide a new key when the tenant asks.

A landlord who locks out a tenant without meeting these requirements can be sued in justice court. The tenant can recover possession of the unit plus a civil penalty of one month’s rent, $1,000 in additional damages, actual damages, court costs, and reasonable attorney’s fees.¹¹

Defenses a Tenant Can Raise

Paying the rent isn’t the only way to defeat an eviction. Several defenses come up regularly in Texas justice courts.

Improper notice. If the landlord skipped the notice to vacate, used a delivery method the statute doesn’t allow, or filed suit before the notice period ran, the case should be dismissed. Judges look at this first.
Retaliation. A landlord cannot evict a tenant for complaining in good faith about needed repairs, reporting code violations to a government agency, or joining a tenant organization. An eviction filed within six months of protected activity is presumed retaliatory, and the landlord has to prove a legitimate reason.¹²
Failure to repair. Tenants can demand that landlords fix conditions that materially affect health or safety. If the landlord refuses after proper written notice and rent is current, the tenant may be able to terminate the lease, repair and deduct, or seek a court order. A landlord who files an eviction instead of repairing runs into the retaliation defense.¹³
Waiver. If the landlord knowingly accepted late payments over a long period, the tenant can argue the landlord waived strict enforcement and cannot evict for a late payment without first giving fresh notice that the lease will be enforced going forward.

Federal Protections That Override State Law

Fair Housing Act

Federal law prohibits evictions based on race, color, religion, sex, disability, familial status, or national origin, and it extends to evicting a tenant because of a guest’s protected status. Retaliating against a tenant for filing a fair housing complaint is separately illegal, even if the landlord also has a legitimate reason.¹⁴

Servicemembers Civil Relief Act

Active-duty military members and their families cannot be evicted for nonpayment of rent without a court order, regardless of what the lease says. For 2026, this protection applies where the monthly rent is $10,542.60 or less.¹⁵ If military service has materially affected the ability to pay, the court must grant at least a 90-day stay. Service members who cannot appear because of active duty are entitled to a court-appointed attorney and an automatic 90-day stay.

What an Eviction Does to Credit and Future Housing

Even a tenant who wins can feel the effects of a filing for years. Eviction court records can appear on tenant screening reports for up to seven years from the filing date, and many landlords will not rent to an applicant whose report shows any filing, regardless of outcome.¹⁶ If the eviction produced a money judgment later discharged in bankruptcy, that can stay on the report for up to ten years.

Tenants can dispute inaccurate, outdated, or misattributed records directly with the tenant screening company, which generally has 30 days to investigate and must correct or delete information it cannot verify.¹⁷ Sealed or expunged records should not appear at all. When a landlord denies an application based on a screening report, the denial notice must tell the applicant how to get a free copy of the report and how to dispute mistakes in it.

1
State of Texas. Texas Property Code Chapter 24 – Forcible Entry and Detainer
2
State of Texas. Texas Property Code Section 24.005 – Notice Required Before Filing Certain Eviction Suits
3
State of Texas. Texas Property Code Section 91.001 – Notice for Terminating Certain Tenancies
4
eCFR. 24 CFR 982.310 – Owner Termination of Tenancy
5
Federal Register. Rescinding 30-Day Notification Requirements Related to Eviction Based on Nonpayment of Rent
6
South Texas College of Law Library. Texas Rule of Civil Procedure 510.3 – Petition
7
South Texas College of Law. Texas Rule of Civil Procedure 510.4 – Issuance, Service, and Return of Citation
8
South Texas College of Law Library. Texas Rule of Civil Procedure 510.7 – Trial
9
South Texas College of Law Library. Texas Rule of Civil Procedure 510.8 – Judgment, Writ, No New Trial
10
Texas Rules Project. Texas Rule of Civil Procedure 510.9 – Appeal
11
State of Texas. Texas Property Code Chapter 92 – Residential Tenancies – Section 92.0081
12
State of Texas. Texas Property Code Section 92.331 – Retaliation by Landlord
13
Texas Attorney General. Renters Rights
14
eCFR. 24 CFR Part 100 – Discriminatory Conduct Under the Fair Housing Act
15
Federal Register. Notice of Publication of Housing Price Inflation Adjustment
16
Consumer Financial Protection Bureau. How Long Can Information, Like Eviction Actions and Lawsuits, Stay on My Tenant Screening Record
17
Federal Trade Commission. Disputing Errors on Your Tenant Background Check Report