What is the eviction process in Texas?
1. Statutory Framework. Texas eviction is a Forcible Entry and Detainer suit under Tex. Prop. Code Ch. 24, with procedure governed by Tex. R. Civ. P. 510.
2. Pre-Filing Notice. Texas requires a written notice to vacate at least 3 days before filing under Tex. Prop. Code § 24.005, unless the lease specifies a different period. Nonpayment, holdover, and lease violations all use this same baseline notice (subject to contractual modification).
3. Filing the Complaint. Suit is filed in the justice court of the precinct where the property is located. Filing fee is roughly $54-$121 plus service. Citation must be served at least 6 days before trial under Rule 510.4.
4. Tenant Answer / Default. Answer is due by the day of trial (no separate answer deadline). Default judgment may issue if the tenant fails to appear.
5. Hearing. Trial occurs 10-21 days after filing. Tenant may raise habitability (Tex. Prop. Code § 92.051 et seq.), retaliation (§ 92.331), and federal discrimination defenses. Either party may demand a jury.
6. Writ of Possession. Judgment for landlord allows a writ of possession to issue after the 5-day appeal period (Rule 510.8). Constable posts a 24-hour notice before removing the tenant and personal property.
7. Self-Help Prohibition. Tex. Prop. Code § 92.0081 prohibits lockouts, utility shutoffs, and removal of doors/windows except by narrow contractual lockout procedure with notice. Violations carry one month's rent plus $1,000 plus actual damages.
8. CARES Act. Federally-backed properties still require a 30-day notice to vacate for nonpayment under 15 U.S.C. § 9058.
9. Just-Cause. Texas does not impose statewide just-cause; month-to-month tenancies may be terminated for any non-discriminatory reason with proper notice.
This is legal information, not legal advice.
- Tenant alleges lockout, utility shutoff, or retaliatory eviction
- Property is federally subsidized (Section 8, LIHTC, HUD) and notice complications arise
- Commercial eviction with disputed lease terms or substantial rent due
- Tex. Prop. Code Ch. 24
- Tex. R. Civ. P. 510
- Tex. Prop. Code § 92.0081
- 15 U.S.C. § 9058
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.