Texas Eviction Process & Laws

Texas landlords dealing with problem tenants often find themselves tangled in frustration and uncertainty about how eviction actually works. In 2025, this guide steps in to clarify it all: Why evictions occur, what each stage entails, how long the process takes, and which Texas laws govern it all.

How Texas Law Defines Eviction

Eviction in Texas is a structured legal process that allows landlords to remove tenants from their rental units lawfully. Each step demands precision and must follow court-approved procedures to stay compliant with Texas law and prevent wrongful eviction disputes. 

Texas eviction statutes are found in the Texas Property Code, starting in Chapter 24, where landlords will find the rules for notices, court filings, and lawful tenant removal.

Eviction With Just Cause

In Texas, “just cause” means a lawful and well-defined reason for forcing a tenant to leave a rental unit, such as unpaid rent, breaking lease terms, or engaging in illegal conduct on the property.

Landlords in Texas can pursue eviction only when just cause exists. Frequent reasons include missed rent payments, property damage, unapproved roommates, or criminal activity occurring on-site. They must serve the proper notice, allow the legally required waiting period, and file a case in court if the tenant stays put.

For both parties, just cause sets the standard for fairness. Landlords should keep detailed records of every lease violation, communication, and repair request to strengthen their position if the tenant later contests the eviction in court.

Applicable law: Tex. Prop. Code §§ 24.005, 91.001

No-Fault Evictions

In Texas, landlords can evict tenants on a fixed-term lease upon expiration, even without just cause, provided they give proper notice and avoid any actions that violate anti-discrimination or retaliation laws. Once the lease term runs out, renewal is optional, not required.

For tenants renting month to month, landlords can end the arrangement for any lawful reason by delivering at least 30 days’ written notice before the next rent payment is due. Unless both parties agree to continue, the lease will terminate automatically at the end of the notice period.

Applicable law: Tex. Prop. Code §§ 91.001, 24.005

Grounds for Eviction in Texas

Texas law gives landlords several clear reasons to evict a tenant, each recognized and enforced under state statutes. These lawful grounds for removal include:

Non-Payment of Rent

In Texas, rent counts as late the day after it’s due unless the lease provides a grace period of at least 2 full days (for properties with 4 or fewer units). After that time passes, the landlord can deliver a 3-Day Notice to Pay or Quit, requiring full payment or return of the unit.

Some landlords choose to offer a brief courtesy grace period, but state law allows them to move quickly once the deadline hits. Open communication (or a partial payment deal) can sometimes stop the eviction process before it starts.

Applicable law: Tex. Prop. Code § 24.005, Tex. Prop. Code § 92.019

Lease Violations

A lease agreement sets clear rules and responsibilities between landlords and tenants in Texas. When renters breach those terms, landlords can take legal action and initiate an eviction in court.

Lease violations look like this:

• Unauthorized pets: A Dallas renter sneaks in two pit bulls despite a no-pet policy tied to the property’s insurance coverage.
• Illegal subletting: A Houston tenant lists their apartment on Airbnb every weekend to earn extra income while claiming it’s just “friends staying over.”
• Property damage: A San Antonio renter drills into load-bearing walls to hang a massive TV, leaving cracked drywall and exposed wiring behind.

Lease agreements exist to protect both sides equally. Landlords should enforce them fairly, and tenants need to read and understand every clause before signing. When both communicate clearly, most issues resolve long before eviction becomes necessary.

Applicable law: Tex. Prop. Code §§ 91.001, 24.005

Illegal Use of the Premises

Texas law allows landlords to remove tenants who engage in illegal activity on the property. Whether someone operates an underground poker room in a Fort Worth garage, sells narcotics from a Corpus Christi apartment, or stores stolen merchandise in a Houston shed, the landlord holds firm legal grounds to act.

Criminal use of a rental threatens neighbors’ safety, draws unwanted police attention, and exposes the property owner to significant liability. Once the landlord gathers credible proof (through law enforcement records or reliable documentation), they can move quickly to regain lawful possession of the unit.

Applicable law: Tex. Prop. Code §§ 24.005, 91.001

Tenant Actions that Threaten Health or Safety

Texas law empowers landlords to evict tenants whose behavior endangers others’ health or safety. Tenants must keep their homes clean, avoid hazards, and respect neighbors’ well-being. When they neglect those duties, landlords can pursue eviction through proper legal channels.

Typical health and safety violations include:

• Unsanitary conditions: Allowing trash or spoiled food to pile up until insects or rodents move in. 
• Blocked exits: Stacking furniture or clutter in hallways or near fire escapes, cutting off emergency routes.
• Tampering with safety features: Taking down smoke detectors or disabling locks meant to protect the property.

Landlords should gather solid evidence through photos, inspection notes, and written records of communication. Before heading to court, they must send a written notice and offer a fair chance to resolve the issue (when required under state law). For more details on Texas housing standards, review Texas’s warranty of habitability guide.

Applicable law: Tex. Prop. Code §§ 92.052–92.056, 24.005

Destruction or Neglect of the Rental Unit

Texas landlords have the right to remove tenants who inflict severe damage on a rental or neglect it to the point that its safety or livability declines. Tenants must keep their units clean, sanitary, and free of damage that exceeds normal wear and tear.

To prove damage, landlords should gather solid evidence like time-stamped photos, inspection notes, repair estimates, and written messages exchanged with the tenant. Testimony from maintenance staff, neighbors, or licensed contractors can also strengthen a case if the dispute moves to court.

Applicable law: Tex. Prop. Code §§ 91.001, 24.005

Tenant is in a Month-to-Month Rental Contract

Texas landlords can end a month-to-month rental at their discretion, without giving a specific reason. They must deliver at least 30 days of written notice before the next rent due date, using an official Notice to Terminate Tenancy form. If the tenant remains after that deadline, the landlord can move forward by filing an eviction case in the local justice court.

For detailed instructions on drafting compliant rental contracts, review the Texas month-to-month rental agreement template.

Applicable law: Tex. Prop. Code §§ 91.001, 24.005

Step-by-Step Eviction Process in Texas

To lawfully remove a tenant in Texas, landlords must follow a detailed, court-monitored procedure from beginning to end. Each stage must meet the state’s rules on notices, filings, and timelines to withstand court scrutiny.

Here’s how the eviction process typically moves step by step:

1. Deliver Notice to the Tenant

Texas landlords must first establish a lawful reason for eviction and deliver the correct written notice to the tenant. The type of notice depends on the violation: unpaid rent, property damage, illegal conduct, or a repeated lease breach. If the tenant can correct the lease, they must get a fair chance to resolve it within the required legal window.

For severe or non-curable violations, such as criminal behavior or major property damage, the landlord can require the tenant to move out upon expiration of the notice period. Landlords must serve the notice either in person, by mail, or by securely posting it inside the main entrance if they cannot reach the tenant. 

Important note: Ignoring Texas’s notice delivery rules can void the entire eviction.

Notice Forms & Timelines

• 3-Day Notice to Vacate: Used for nonpayment of rent or most lease violations (unless the lease specifies a different period).
• Immediate Notice to Vacate: May apply when the tenant commits criminal activity or poses a health or safety threat.
• 30-Day Notice to Terminate Tenancy: Required to end month-to-month tenancies without cause.
• Notice Delivery Options: In-person delivery, mail, or posting inside the main entry door (not on the exterior).

Applicable law: Tex. Prop. Code §§ 24.005, 91.001

2. File an Eviction Lawsuit Against the Tenant 

After the notice period runs out (or if the tenant refuses to fix a curable issue), the landlord will take the next step by filing an eviction lawsuit (called a forcible detainer suit in Texas) with the local justice court in the county where the rental property sits. That filing officially starts the court process and must include the lease, the eviction notice, and all relevant documentation.

The landlord must also pay a filing fee, typically between $50 and $100, depending on the county. Once the paperwork is submitted, the court clerk reviews it and sets a hearing, usually within 10 to 21 days. The clerk then sends both landlord and tenant a notice listing the date, time, and location of the hearing.

Applicable law: Tex. Prop. Code §§ 24.004, 24.0051

3. Serve Court Summons Paperwork to the Tenant

After the Texas court clerk sets a hearing date, the landlord must hire a constable, sheriff, or certified process server to hand-deliver the eviction citation and petition to the tenant. The server will then complete a Return of Service form detailing when, where, and how they made the delivery, which the landlord must file with the court before the hearing.

Once the tenant receives the paperwork, they have until the 14th day after service to submit an Answer to Eviction with the justice court. That response lets them dispute the claims and present any defenses during the hearing. On the scheduled date, both the landlord and the tenant will appear before the judge to present their evidence and testimony.

Applicable law: Tex. Prop. Code § 24.0052, Tex. R. Civ. P. 510.4

4. Attend the Eviction Hearing

On the scheduled court date, the landlord and tenant (or their attorneys) will appear before a Texas justice of the peace for the eviction hearing. Each side will lay out its case with supporting materials, such as the rental contract, rent ledgers, photos, inspection reports, and copies of notices or written correspondence related to the dispute. Both parties can also question witnesses and clarify disputed details.

The judge will then carefully review all evidence to determine whether the eviction complies with Texas law. If any part of the case needs clarification, the court may request more documents or testimony. Once both sides have finished presenting, the judge will close arguments, consider the facts, and issue a ruling shortly thereafter.

Applicable law: Tex. Prop. Code § 24.0054, Tex. R. Civ. P. 510.7

5. Court Reaches a Ruling

After hearing testimony and reviewing all evidence, the judge will issue a decision. In most Texas courts, the ruling comes either the same day as the hearing or within a few days, depending on the judge’s schedule and workload.

If the tenant wins, they keep possession of the property and may recover eligible court costs. If the landlord wins, the judge will issue a Judgment for Possession, giving them the legal right to retake the unit. The tenant then has 5 calendar days to file an appeal or request a stay before law enforcement enforces the judgment.

Applicable law: Tex. Prop. Code § 24.0054, Tex. R. Civ. P. 510.8

6. Judge Issues a Judgment for Possession

If the court issues a Judgment for Possession, the landlord can then request a Writ of Possession, which authorizes law enforcement to remove the tenant if the tenant refuses to move out voluntarily. That writ acts as the tenant’s final warning to vacate before the constable or sheriff steps in.

After approving the writ, the court clerk sends it to the local constable or sheriff, who will post a 24-hour Notice to Vacate at the property. If the tenant stays beyond that window, law enforcement returns to supervise the eviction and restore possession to the landlord.

Applicable law: Tex. Prop. Code § 24.0061, Tex. R. Civ. P. 510.8

7. Law Enforcement Executes the Writ of Possession

If the tenant ignores the deadline listed on the Writ of Possession, the county sheriff or constable will step in to enforce it. Law enforcement arrives at the property, removes anyone still inside, and returns possession to the landlord. Officers oversee the lockout to ensure every action complies with Texas eviction law.

Texas law doesn’t specify what landlords must do with items tenants leave behind after eviction. Once the landlord regains possession, they decide how to handle those belongings (whether to store, sell, or dispose of them) as the state imposes no additional requirements.

Applicable law: Tex. Prop. Code § 24.0061, Tex. R. Civ. P. 510.8

Tenant Defense Against Eviction in Texas

An eviction can shatter more than just housing stability—it can damage a tenant’s rental record, drag down credit scores, and make future applications nearly impossible. Thankfully, tenants have real options to defend themselves and uphold their rights.

Tenants who act early often achieve better outcomes. They should reply promptly to every notice, save proof of payment and correspondence, and communicate with their landlord about potential fixes (such as repayment plans or necessary repairs) before the case reaches court. Sometimes a single honest conversation can stop an eviction before it starts.

When the situation becomes overwhelming, tenants can turn to legal help. In Texas, resources such as TexasLawHelp.org and Legal Aid of Northwest Texas offer free or affordable legal assistance. Their attorneys specialize in housing law and can help renters prepare defenses, settle disputes, or negotiate fair outcomes.