Evicting a tenant in Texas can take around 1 to 3 months, depending on the type of eviction. If tenants request a continuance or jury trial, the process can take longer.
Grounds for an Eviction in Texas
In Texas, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating lease terms
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 3 Days | No |
| End of Lease or No Lease | 1 Month | No |
| Lease Violation | 3 Days | No |
Nonpayment of Rent
In Texas, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 3 days’ notice to vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Hawaii the day immediately after its due date. Hawaii landlords are required to give tenants a rent payment grace period of 2 days.
If rent is due on January 1st, it will be considered late starting on January 3rd, unless the lease specifically states there is a longer grace period.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
End of Lease or No Lease
In Texas, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, they must first terminate the tenancy by giving a proper 1 months’ notice to move out.
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Texas, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Texas landlord-tenant law. To do so, landlords must first provide a 3 days’ to vacate. Landlords are not required to allow the tenant to fix the issue and they must move out.
Lease violation examples include:
- Illegal activity
- Unauthorized pets
- Disturbing other tenants or neighbors
- Not keeping the premises clean and sanitary
- Not informing the landlord of any defects or maintenance issues
- Not making small repairs or completing maintenance pursuant to the lease agreement
Illegal Evictions in Texas
In Texas, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant an amount equal to 1 month’s rent plus $1,000, actual damages sustained, expenses incurred and civil penalties. An additional civil penalty of 1 month’s rent can be included as a remedy if the landlord prevents a tenant from entering the dwelling unit.
“Self-Help” Evictions
A landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
- Removing a door or window.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining or giving notice to the landlord about an issue with the property
- Contacting a local or government agency about an issue related to a building or housing code violation
- Joining, supporting or organizing a tenant union or organization
- Pursuing legal action
In Texas, all evictions follow the same process:
- Landlord serves tenant with written notice of violations
- Landlord files complaint with court for unresolved issues
- Court serves the tenant with a summons and complaint
- Court holds a hearing and issues a judgment
- Writ of possession is issued
- Constable returns possession of the property to the landlord
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Texas by serving the tenant with written notice. Texas landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the tenant
- Hand delivery to a person at least 16 on the property who can accept the notice on behalf of the tenant
- Hand-affixing the notice to the inside of the property’s main entry door
- Delivery by any form of mail, return receipt requested
- Posting the notice on the exterior of the property’s main entry door, PLUS mailing a copy of the notice by 5:00PM local time (only if the landlord perceives a risk of harm by posting inside, or if the premises have an alarm and no onsite mailbox)
When posting notices on the exterior of the premises, the notice must be placed in a sealed envelope with the receiving party’s name and address written on it. In addition, the party posting the notice must write “Important Document,” in all capital letters, on the envelope affixed to the premises. All notices must be mailed from a post office in the same county as the rental unit.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
3-Day Notice To Quit (Nonpayment)
If a tenant is late on paying rent (full or partial) in Texas, the landlord can serve them a 3-Day Notice To Quit. This notice gives the tenant 3 days to vacate the premises. The tenant does not have the option to fix the issue and must move out.
1-Month Notice To Quit
For a tenant with no lease or a month-to-month lease in Texas, the landlord must serve them a 1-Month Notice To Quit to end the tenancy. This eviction notice allows the tenant 1 month to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Verbal Lease | 3 Days |
| Week-to-Week | 7 Days |
| Month-to-Month | 1 Month |
3-Day Notice To Quit (Lease Violation)
In Texas, if a tenant commits a violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 3-Day Notice To Quit. This notice gives the tenant 3 days to vacate the premises. The tenant does not have the option to fix the issue and must move out.
Step 2: Petition is Filed and Served
If the notice period ends and the tenant remains on the property, the next step in the eviction process requires the landlord to file a petition with the appropriate Justice of the Peace Court in Texas. In most counties, this costs around $46-$100 in filing fees.
The petition should include the following information such as contact information and the reason for the eviction. Once the petition is filed, the court will create a citation, which will be served to the tenant by the sheriff or constable at least 6 days prior to the eviction hearing.
The citation and complaint must be served on the tenant through one of the following methods:
- Giving a copy of the summons and complaint to the tenant in person
- Leaving a copy with someone over the age of 16 where the tenant lives
- If neither of those methods work, the tenant could by judicial authorization only be served via first class mail AND by leaving a copy of the citation and complaint in the mail slot or chute, under the door, or posted on the door of the rental unit
The citation and complaint must be filed at least 6 days before the hearing.
Step 3: Court Hearing and Judgment
Once the process server (i.e., a sheriff) has delivered the tenant with a copy of the complaint, the tenant may choose to respond to the petition. Tenants may file a written answer with the court within 14 days of receiving the complaint. This is not a requirement, and the tenant will still be able to respond to the eviction at the hearing even without a written answer.
The eviction hearing will be held 10-21 days after the petition/complaint is filed with the court. A jury may be requested 3 days before the trial and the trial fee is $22.
Either party may request a postponement of the trial not to exceed 7 days.
If the tenant fails to appear at the hearing, a default judgment in favor of the landlord may be issued. If the tenant disagrees with the petition, the landlord and tenant may choose to settle the dispute outside of court. If the tenant and landlord both come to an agreement, the landlord can file a nonsuit, which is a dismissal of the eviction lawsuit. If they cannot agree, the hearing will move forward.
The hearing must be held between 10 and 21 days after the complaint is filed with the court.
Step 4: Writ of Possession Is Issued
The Writ of Possession is the tenant’s final notice to leave and allows them the opportunity to remove their belongings before the sheriff returns to the property. The filing fee for a Writ of Possession is generally $130 to $175 and shall be issued no earlier than 6 days after the landlord wins the eviction suit.
The Writ of Possession will not be issued until 6 days after the judgment in the landlord’s favor, or seven days after the tenant receives notice of the request for immediate possession.
Step 5: Possession of Property is Returned
A tenant has at least 24 hours after the writ of possession is posted on the property to vacate. If the notice period has ended sheriff or constable will return to forcibly remove the tenant from the premises.
The sheriff or constable may choose to return 36 hours later or even a few days later, but they must wait at least 24 hours after the writ was posted to remove the tenant.
The tenant has at least 24 hours once the Writ of Possession has been posted on the property to move out of the rental unit.
Court Fees
Filing fees may vary in each county, please check with your local court to verify the fee. Most Texas court fees are as follows:
| Service | Filing Fee |
| Filing Fee for Eviction | $46-$100 |
| Trial Fee | $22 |
| Tenant’s Appeal | $54 |
| Writ of Possession | $130-$175 |
Texas Eviction Process Timeline
In Texas, an eviction can be completed in 1 to 3 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Texas eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-30 Calendar Days |
| Court Issuing Summons | 6 Business Days |
| Court Ruling | 10-21 Business Days |
| Court Serving Writ of Possession | 6 Business Days |
| Final Notice Period | 24 Hours |
Flowchart of Texas Eviction Process
Texas Eviction Court Fees
The cost of an eviction in Texas for all filing, court, and service fees can vary heavily based on service and execution fees. For cases filed in Justice of the Peace Court, the average cost is $289.
| Fee | Justice of the Peace |
| Initial Court Filing | $54 |
| Citation Service | ~$80+ |
| Writ of Possession Issuance | $5 |
| Writ of Restitution Service & Execution | ~$150+ |
| Jury Trial (Optional) | $22 |
Sources
- 1 TX Prop Code §24.005 (2021)
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NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT. (a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days’ written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001.
- 2 TX Prop Code §92.019 (2021)
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(a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant’s rent unless:…(3) any portion of the tenant’s rent has remained unpaid two full days after the date the rent was originally due.
- 3 TX Prop Code §91.001 (2019)
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(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:(1) the day given in the notice for termination; or (2) one month after the day on which the notice is given.
- 4 TX Prop Code §24.005 (2019)
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(a)…a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days’ written notice to vacate the premises…(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days’ written notice to vacate…
- 5 TX Prop § 92.0081 (2021)
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(2) recover from the landlord a civil penalty of one month’s rent plus $1,000, actual damages, court costs, and reasonable attorney’s fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord…(i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month’s rent.
- 6 TX Prop § 92.331 (2021)
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(a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant:
(1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute;
(2) gives a landlord a notice to repair or exercise a remedy under this chapter;
(3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant:
(A) claims a building or housing code violation or utility problem; and
(B) believes in good faith that the complaint is valid and that the violation or problem occurred; or
(4) establishes, attempts to establish, or participates in a tenant organization.
- 7 TX Prop § 92.333 (2021)
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…a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month’s rent plus $500, actual damages, court costs, and reasonable attorney’s fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. If the tenant’s rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500.
- 8 TX Rules of Civ Proc Rule 510.4 (2019)
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(b)(2) The constable, sheriff, or other person authorized by written court order receiving the citation must execute it by delivering a copy…to the defendant, or by leaving a copy with a copy of the petition attached with some person, other than the plaintiff, over the age of 16 years, at the defendant’s usual place of residence, at least 6 days before the day set for trial.
- 9 TX Rules of Civ Proc Rule 510.4 (2019)
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(3)If the judge authorizes…(A) deliver a copy…by placing it through a door mail chute or slipping it under the front door; if neither method is possible, the officer may securely affix the citation to the front door or main entry to the premises; and (B) deposit in the mail a copy… addressed to defendant at the premises and sent by first class mail.
- 10 TX Rules of Civ Proc Rule 510.4 (2019)
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(a)(10) state the day the defendant must appear in person for trial at the court issuing citation, which must not be less than 10 days nor more than 21 days after the petition is filed…
- 11 TX Rules of Civ Proc Rule 510.7 (2019)
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(c) Trial in an eviction case must not be postponed for more than 7 days total unless both parties agree in writing.
- 12 TX Rules of Civ Proc Rule 510.9 (2019)
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(a) A party may appeal a judgment in an eviction case by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the justice court within 5 days after the judgment is signed.
- 13 TX Prop Code §24.0061 (2019)
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(b) A writ of possession may not be issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure and judgment for possession is thereafter granted by default.
- 14 TX Prop Code §24.0061 (2019)
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(d)(1) post a written warning of at least 8-1/2 by 11 inches on the exterior of the front door of the rental unit notifying the tenant that the writ has been issued and that the writ will be executed on or after a specific date and time stated in the warning not sooner than 24 hours after the warning is posted…
- 15 Tex. Prop. Code § 24.005(f)
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Except as provided by Subsection (f-1), the notice to vacate shall be given in person or by mail at the premises in question. Notice in person may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question.
- 16 Tex. Prop. Code § 24.005(f-1) & (f-2)
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(f-1) As an alternative to the procedures of Subsection (f), a landlord may deliver the notice to vacate by securely affixing to the outside of the main entry door a sealed envelope that contains the notice and on which is written the tenant’s name, address, and in all capital letters, the words “IMPORTANT DOCUMENT” or substantially similar language and, not later than 5 p.m. of the same day, depositing in the mail in the same county in which the premises in question is located a copy of the notice to the tenant if: (1) the premises has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to affix the notice to vacate to the inside of the main entry door; or (2) the landlord reasonably believes that harm to any person would result from personal delivery to the tenant or a person residing at the premises or from personal delivery to the premises by affixing the notice to the inside of the main entry door. (f-2) Notice to vacate under Subsection (f-1) is considered delivered on the date the envelope is affixed to the outside of the door and is deposited in the mail, regardless of the date the notice is received.
