How Do I Evict a Tenant in Texas?
* * updated 1-7-2025
Evicting a tenant is a challenging process that requires landlords to follow specific legal procedures. Texas eviction laws and procedures are strict and adhering to due process is necessary for handling the removal of a tenant from real property. Further landlords must comply with local county laws to avoid legal counter actions and complications. Whether the issue is unpaid rent, a lease violation, or a holdover tenant like squatters, understanding how to properly evict a tenant is crucial for any property owner.
What Is The Eviction Process in Texas?
This guide will break down the entire Texas eviction process, from sending the notice to vacate to executing a writ of possession.
At Bright Bid Homes, we have experience in handling over 150 evictions in Texas over the past decade. Evictions are definitely not our first rodeo. We know what can go wrong in the landlord-tenant relationship if the procedural elements of the process are not handled properly. The state of Texas has specific legal requirements for issuing a final judgement in your favor such as:
- Three-day notice requirements
- Security deposit paperwork
- Return of tenant’s property
- Proof of unpaid rent
- Documents or photos of actual damage caused at the property
Also, as licensed real estate agents and being a Texas Realtor, we know and practice the importance of following the legal process of an eviction petition in Texas. By following closely to these steps, you can ensure your eviction is for good cause and to gain access to your rental property proceeds lawfully without issues.
Reasons for Evicting a Tenant in Texas
Non-Payment of Rent
One of the most common reasons for evicting a tenant is non-payment of rent. When a tenant fails to pay rent by the due date, the landlord can begin the eviction process by issuing a 3-Day Notice to Vacate. This written notice serves as the first step in initiating eviction proceedings. The notice to vacate must be sent via certified mail with a return receipt to ensure proper delivery and record keeping.
Lease Violations
A lease violation, such as property damages, unauthorized occupants, or illegal activities, also gives landlords the right to begin the eviction process. Under Texas law, landlords must provide a 30-Day Notice to vacate the rental property. This notice informs the tenant that they are in violation of their rental agreement and gives them time to correct the issue or leave the property.
Holdover Tenant
A holdover tenant is a renter who stays in the property after their lease agreement has expired. If the tenant refuses to leave, the landlord must issue a proper notice before filing an eviction lawsuit. In this case, landlords are legally permitted to pursue eviction proceedings to reclaim their rental property.
Step-by-Step Guide to Evicting a Tenant in Texas
Step 1: Delivering the Proper Notice to Vacate
The first step in the Texas eviction process is issuing a notice to vacate. This written notice informs the tenant that they must vacate the property by a specific date or face legal action.
- 3-Day Notice for Non-Payment of Rent
When a tenant does not pay rent, the landlord must issue a 3-Day Notice to Vacate. This notice gives the tenant three days to either pay the overdue rent or vacate the property. The notice should be delivered by certified mail to create a record of delivery in accordance with Texas Property Code Section 24.005. - 30-Day Notice for Lease Violations
If the reason for eviction is a lease violation or holdover tenancy, landlords must provide a 30-Day Notice. This longer notice period is required under Texas eviction laws to allow the tenant time to resolve the violation or move out.
Step 2: Filing an Eviction Suit in the Justice of the Peace Court
If the tenant does not comply with the notice period, the next step is to file an eviction lawsuit in the Justice of the Peace Court. This formal action, known as a forcible entry and detainer suit, officially begins the eviction case.
- Filing Fees , Court Costs and Documents
Landlords must pay filing fees and submit important documents, such as the lease agreement, notice to vacate, and proof of lease violations or non-payment. Each Justice of the Peace Court may have different filing requirements, so it’s essential to check with the local court to ensure compliance. - Court Date and Hearing
Once the landlord files the eviction suit, the court will schedule a hearing date. Both parties will need to appear in court on this date to present their case. The landlord should bring all relevant documents, including the written lease, rent payment records, and any correspondence related to the eviction.
Step 3: Court Eviction Hearing
At the eviction hearing, the landlord must demonstrate the grounds for eviction and show that the tenant was given proper notice. The tenant also has the right to present a defense.
- Default Judgment
If the tenant fails to attend the court hearing, the judge may issue a default judgment in favor of the landlord. This allows the landlord to proceed with the eviction without further delays. - Tenant Defenses
Tenants may provide a written answer to the court, which could include defenses such as improper notice, retaliation, or unsafe living conditions. If the tenant successfully presents a defense, the court may delay or deny the eviction.
Step 4: Obtain the Writ of Possession
If the court rules in favor of the landlord, the next step is obtaining a writ of possession. This court order gives the landlord the legal right to take possession of the property.
– Enforcing the Writ of Possession
Once the writ of possession is issued, the tenant has a final opportunity to vacate the rental unit. If the tenant refuses, the landlord can request that law enforcement enforce the writ.
Peace officers will then remove the tenant and their belongings from the property.
Landlords are not allowed to engage in forcible entry or take matters into their own hands without a court order, per Texas Property Code Section 92.0081.
Legal Assistance and Tenant Rights in Texas
While the eviction process protects landlords, tenants have rights under Texas landlord-tenant law. Tenants can defend against eviction by claiming that the notice was improper or that the landlord retaliated unfairly. Additionally, some tenants may be protected by federal programs that limit a landlord’s ability to evict them.
Landlords are encouraged to seek legal advice to ensure full compliance with Texas eviction laws.
A real estate attorney or experienced property manager can guide you through the complex legal process and ensure all actions are taken in line with Texas law.
Special Situations: No Lease, Grace Periods, and Illegal Activities
- No Lease Agreement
If there is no written lease, landlords can still evict a tenant, but they must follow the same legal procedures as if a lease were in place. This includes issuing the appropriate notice to vacate and following the eviction procedures in Texas.
- Grace Periods
While Texas law does not require a grace period for rent payments, some rental agreements may include one. Always review the lease terms before proceeding with an eviction for nonpayment of rent.
- Illegal Activities on the Property
If a tenant is engaging in illegal activities on the property, landlords can expedite the eviction process. Immediate eviction notices may be issued in cases of criminal behavior, allowing landlords and property owner to protect their asset and other tenants quickly.
Last Word: Follow the Legal Texas Eviction Process
Evicting a tenant is a serious legal action that requires careful attention to detail. From delivering the initial notice to vacate to obtaining a writ of possession, every step of the eviction process in Texas must be followed to ensure compliance with the law.
Whether you are dealing with a tenant in Dallas, Austin or Fort Worth TX, understanding the Texas eviction process and following the correct legal procedures will help you protect your rental property and avoid unnecessary delays or legal challenges for unlawful procedural acts. If you are unsure about any part of the Texas eviction process, looking to gain counsel from a real estate attorney is always the best course of action to protect your rights as a landlord.
**Disclaimer – The information provided in this article is for informational purposes only and should not be taken as legal advice. Eviction laws, including those outlined in the Texas Rules of Civil Procedure, vary depending on circumstances such as the rental lease agreement type (e.g., month-to-month tenancies) and applicable federal laws like the CARES Act. If you are dealing with a tenant eviction involving violation of the lease or issues such as unpaid rent, consult a qualified attorney or resources like TexasLawHelp or Texas RioGrande Legal Aid. Remember, filing a forcible detainer suit in Texas Justice Court or pursuing an eviction judgment requires adherence to specific legal steps, including proper notice periods (days notice) and potential hearings before a jury trial. For further assistance or clarification, reach out to your local county court or a property management expert. This blog is not a substitute for legal advice but a good starting point to understand your obligations under Texas law.
*** About the Author: Hilary Schultz is a licensed Texas Realtor and professional real estate investor — is a leading authority on DFW metroplex real estate. Hilary is a member of the executive board of her local school community PTA and active member of the Texas community. Along with her husband Patrick, they have combined 40 years of experience with over 2800 real estate transactions completed. Read about our customer experiences to understand our commitment to serve the Texas community and provide homeowners with valuable insights, guidance, and a personalized experience through the home selling process. Let us serve you and help to navigate the housing market on your real estate journey.