Texas landlords delay sending out eviction notices to problematic tenants for too long. Evictions are often too overwhelming to handle, and others want a different approach. In the end, however, putting off an eviction can hurt you and the tenant.
The foundation of your property management or real estate business is your properties. To prevent long-term damage to your business's finances, you should quickly and efficiently regain control of your property when tenants don't pay rent, intentionally damage it, or otherwise misuse it.
Texas has strict eviction laws that help simplify the process. Learn how to evict a tenant in Texas with the help of the following guide.
Reasons for Eviction in Texas With Cause
If the tenant violates any of the following conditions, a landlord may terminate the tenancy early:
- Defaults on rent
- Violates the rental contract or lease
Unless the lease or rental agreement provides a shorter or longer notice period, a landlord must give the tenant a minimum three-day notice before filing an eviction lawsuit. In this case, the tenant does not need to pay rent or fix the violation.
If the tenant does not vacate the rental unit within three days, the landlord may file an unlawful detainer lawsuit (Tex. Prop. Code § 24.005).
Reasons for Eviction in Texas Without Cause
Terminating a tenancy without cause depends on whether it is for a fixed or month-to-month lease.
Fixed-term tenancy
In a fixed-term tenancy, a landlord cannot terminate the tenancy without cause since the lease guarantees tenants the right to remain at the property for the period stated in the lease.
In most cases, landlords do not need to notify tenants that the lease isn't being renewed unless it is specifically required in the lease. The landlord can proceed to file an eviction lawsuit with the court if the tenant does not move out within three days' notice (Tex. Prop. Code Ann. § 24.005)
A month-to-month lease
According to Texas law, landlords who wish to end a month-to-month tenancy have to give a tenant the following amount of notice:
- When a tenant pays rent once a month, the tenancy ends one month after the notice for termination or the day the tenant pays rent.
- A tenant who pays rent more frequently than once a month ends their tenancy as of the date given in the notice of termination or the day following the number of days equal to the rent payment frequency. (Tex. Prop. Code § 91.001)
Illegal Eviction by Landlords "Self-Help" and Retaliatory Evictions
An eviction order must be obtained through the formal eviction procedure to evict a tenant legally. A landlord cannot, in any case, carry out a wrongful eviction by:
- Discrimination (gender, race, religion)
- Removing/Changing the locks
- Disconnecting utilities
- Disposing of tenant belongings
- Door or window removal
Landlords cannot evict tenants for exercising legal rights such as:
- Constructive eviction or notifying the landlord of an issue with the property
- Inquiring about a building or housing code violation with a local or government agency
- Organizing or joining a tenant union
- Taking legal action
Steps to Evict a Tenant in Texas
When evicting a renter in Texas, you must follow the steps outlined in the landlord-tenant laws. Failure to follow the correct process could result in a lawsuit or delay your eviction.
1. Termination of lease agreements
Evictions begin with a landlord terminating a tenant's lease or rental agreement. Landlords can only do this for legal reasons.
The most common reasons for tenant evictions include non-payment of rent, excessive property damage, and failure to vacate the property after its expiration. In each case, there is a corresponding eviction notice. These are:
- Rent non-payment: Landlords must give tenants a three-day notice to vacate.
- Lease Violations: An eviction for these reasons requires a three-day notice to vacate.
- Lease expiration: The tenancy agreement determines the notice period. Landlords or property managers can file a Forcible Entry and Detainer, or FED, if a tenant refuses to leave a property.
- Foreclosure: 30-day notice before starting the foreclosure process.
2. File a complaint
The next step in the eviction process is to file a complaint with the Justice of the Peace Court. During the preceding six days, a process server will serve a summons and complaint on the tenant. Courts dealing with evictions commonly use sheriffs or constables as process servers.
Among the methods for servicing are:
- By attaching the notice on the property personally
- In-person presented to someone 16 or older
- Registered, certified, or regular mail
3. Court hearing
Upon receiving the complaint, the tenant has 14 days to respond in writing to the court. The court will hold the eviction hearing 10-21 days after receiving the petition/complaint. Here are the documents landlords and tenants should bring to the hearing:
- Lease agreement
- Pay or quit notice
- Complaint and evidence
- Witnesses
If the landlord wins, a Writ of Possession will be issued at the hearing, and the eviction process will be initiated.
4. Writ of possession
As the tenant's last notice to leave, the Writ of Possession allows them to remove their belongings before the sheriff returns. A Writ of Possession is issued six days after landlords win a judgment in their favor or seven days after the tenant receives notice that they must immediately vacate.
5. Return of property possession
Once the Writ of Possession is posted on the property, a tenant has 24 hours to vacate. After the notice period has expired, the sheriff or constable will return to remove the tenant forcibly.
Sheriffs or constables may return 36 hours or even a few days after posting the writ to remove tenants, but they must wait 24 hours or more.
Get Your Texas Eviction Notice Here
Timeline of the Eviction Process in Texas
Here is a timeline showing in what order these steps usually take with the average time they can be taken.
| Average Timeline | Process |
|---|---|
| 0 days | Eviction notice |
| 3 days later | Lawsuit filed |
| 8-10 days later | Citation served |
| 10-21 days later | Court date |
| 5 days later | Able to appeal lawsuit after the statutory hearing |
| 6 days after ruling in favor of landlord | Writ of Possession is issued |
| 1 day later | Tenant must be vacated |
| 30-35 days (total) | In any county in Texas, the minimum eviction period is 30 days. A county court-at-law may also hear an appeal of any eviction action. |
If you have more questions about evictions in Texas, here are some of the most frequently asked questions.
Helpful Resources: Texas Property Code
FAQ's
-
How much does an eviction cost landlords in Texas?
Eviction costs vary by county in Texas but can range from $120 to $160. A mandatory service fee is included in these filing fees to have the eviction petition served.
-
How long does an eviction hearing last in Texas?
Hearings can last minutes to several hours in eviction court. Sometimes, a jury trial may be necessary, depending on whether the landlord and tenant agree to the eviction.
-
Where can I find a valid eviction notice form online?
We have Texas eviction notice forms that are valid anywhere in the state. These legal templates can be customized to conform to the laws of any US state, so you never need to worry about their validity.
Texas landlords delay sending out eviction notices to problematic tenants for too long. Evictions are often too overwhelming to handle, and others want a different approach. In the end, however, putting off an eviction can hurt you and the tenant.
The foundation of your property management or real estate business is your properties. To prevent long-term damage to your business's finances, you should quickly and efficiently regain control of your property when tenants don't pay rent, intentionally damage it, or otherwise misuse it.
Texas has strict eviction laws that help simplify the process. Learn how to evict a tenant in Texas with the help of the following guide.
Reasons for Eviction in Texas With Cause
If the tenant violates any of the following conditions, a landlord may terminate the tenancy early:
- Defaults on rent
- Violates the rental contract or lease
Unless the lease or rental agreement provides a shorter or longer notice period, a landlord must give the tenant a minimum three-day notice before filing an eviction lawsuit. In this case, the tenant does not need to pay rent or fix the violation.
If the tenant does not vacate the rental unit within three days, the landlord may file an unlawful detainer lawsuit (Tex. Prop. Code § 24.005).
Reasons for Eviction in Texas Without Cause
Terminating a tenancy without cause depends on whether it is for a fixed or month-to-month lease.
Fixed-term tenancy
In a fixed-term tenancy, a landlord cannot terminate the tenancy without cause since the lease guarantees tenants the right to remain at the property for the period stated in the lease.
In most cases, landlords do not need to notify tenants that the lease isn't being renewed unless it is specifically required in the lease. The landlord can proceed to file an eviction lawsuit with the court if the tenant does not move out within three days' notice (Tex. Prop. Code Ann. § 24.005)
A month-to-month lease
According to Texas law, landlords who wish to end a month-to-month tenancy have to give a tenant the following amount of notice:
- When a tenant pays rent once a month, the tenancy ends one month after the notice for termination or the day the tenant pays rent.
- A tenant who pays rent more frequently than once a month ends their tenancy as of the date given in the notice of termination or the day following the number of days equal to the rent payment frequency. (Tex. Prop. Code § 91.001)
Illegal Eviction by Landlords "Self-Help" and Retaliatory Evictions
An eviction order must be obtained through the formal eviction procedure to evict a tenant legally. A landlord cannot, in any case, carry out a wrongful eviction by:
- Discrimination (gender, race, religion)
- Removing/Changing the locks
- Disconnecting utilities
- Disposing of tenant belongings
- Door or window removal
Landlords cannot evict tenants for exercising legal rights such as:
- Constructive eviction or notifying the landlord of an issue with the property
- Inquiring about a building or housing code violation with a local or government agency
- Organizing or joining a tenant union
- Taking legal action
Steps to Evict a Tenant in Texas
When evicting a renter in Texas, you must follow the steps outlined in the landlord-tenant laws. Failure to follow the correct process could result in a lawsuit or delay your eviction.
1. Termination of lease agreements
Evictions begin with a landlord terminating a tenant's lease or rental agreement. Landlords can only do this for legal reasons.
The most common reasons for tenant evictions include non-payment of rent, excessive property damage, and failure to vacate the property after its expiration. In each case, there is a corresponding eviction notice. These are:
- Rent non-payment: Landlords must give tenants a three-day notice to vacate.
- Lease Violations: An eviction for these reasons requires a three-day notice to vacate.
- Lease expiration: The tenancy agreement determines the notice period. Landlords or property managers can file a Forcible Entry and Detainer, or FED, if a tenant refuses to leave a property.
- Foreclosure: 30-day notice before starting the foreclosure process.
2. File a complaint
The next step in the eviction process is to file a complaint with the Justice of the Peace Court. During the preceding six days, a process server will serve a summons and complaint on the tenant. Courts dealing with evictions commonly use sheriffs or constables as process servers.
Among the methods for servicing are:
- By attaching the notice on the property personally
- In-person presented to someone 16 or older
- Registered, certified, or regular mail
3. Court hearing
Upon receiving the complaint, the tenant has 14 days to respond in writing to the court. The court will hold the eviction hearing 10-21 days after receiving the petition/complaint. Here are the documents landlords and tenants should bring to the hearing:
- Lease agreement
- Pay or quit notice
- Complaint and evidence
- Witnesses
If the landlord wins, a Writ of Possession will be issued at the hearing, and the eviction process will be initiated.
4. Writ of possession
As the tenant's last notice to leave, the Writ of Possession allows them to remove their belongings before the sheriff returns. A Writ of Possession is issued six days after landlords win a judgment in their favor or seven days after the tenant receives notice that they must immediately vacate.
5. Return of property possession
Once the Writ of Possession is posted on the property, a tenant has 24 hours to vacate. After the notice period has expired, the sheriff or constable will return to remove the tenant forcibly.
Sheriffs or constables may return 36 hours or even a few days after posting the writ to remove tenants, but they must wait 24 hours or more.
Get Your Texas Eviction Notice Here
Timeline of the Eviction Process in Texas
Here is a timeline showing in what order these steps usually take with the average time they can be taken.
| Average Timeline | Process |
|---|---|
| 0 days | Eviction notice |
| 3 days later | Lawsuit filed |
| 8-10 days later | Citation served |
| 10-21 days later | Court date |
| 5 days later | Able to appeal lawsuit after the statutory hearing |
| 6 days after ruling in favor of landlord | Writ of Possession is issued |
| 1 day later | Tenant must be vacated |
| 30-35 days (total) | In any county in Texas, the minimum eviction period is 30 days. A county court-at-law may also hear an appeal of any eviction action. |
If you have more questions about evictions in Texas, here are some of the most frequently asked questions.
Helpful Resources: Texas Property Code
FAQ's
-
How much does an eviction cost landlords in Texas?
Eviction costs vary by county in Texas but can range from $120 to $160. A mandatory service fee is included in these filing fees to have the eviction petition served.
-
How long does an eviction hearing last in Texas?
Hearings can last minutes to several hours in eviction court. Sometimes, a jury trial may be necessary, depending on whether the landlord and tenant agree to the eviction.
-
Where can I find a valid eviction notice form online?
We have Texas eviction notice forms that are valid anywhere in the state. These legal templates can be customized to conform to the laws of any US state, so you never need to worry about their validity.
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