Eviction In Texas

Eviction is the legal process by which a landlord may remove a tenant from a rental property. Formally known as "forcible entry and detainer," eviction is a civil procedure governed by state-specific laws and regulations that aim to balance the rights of landlords and tenants—while also upholding public health, safety, and housing fairness standards.

A landlord cannot lawfully remove a tenant from the property without first following the proper legal steps. Attempting to evict a tenant without due process—such as by using intimidation, changing the locks, or shutting off utilities—is illegal under Texas law and may result in significant penalties.

However, landlords are not without recourse. When a tenant fails to pay rent, violates the terms of the lease, or engages in other prohibited conduct, landlords have the right to initiate an eviction proceeding. In some cases, pursuing eviction is not only justified, but necessary to protect the integrity of the rental property and the interests of other tenants or neighbors.

It is important to understand that eviction procedures are not uniform across the United States. Each state has its own legal framework, timelines, and court requirements. As a landlord in Texas, you are responsible for ensuring that any eviction you pursue complies with Texas law.

This guide outlines the general steps involved in the Texas eviction process. Please note that laws and procedures may change over time, and this summary may not account for every possible scenario. For the most accurate and up-to-date guidance, consider consulting with a qualified Texas real estate attorney.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Texas's eviction laws can be found at Tex. Prop. Code § 24.

Reasons for Eviction in Texas

As a landlord in Texas, it's important to understand the legitimate grounds on which you can remove a tenant from your property. Below we've listed the most common and legally supported reasons for eviction.

1. Nonpayment of Rent

Timely rent payments are the foundation of a stable landlord-tenant relationship. If a tenant fails to pay rent by the due date outlined in the lease agreement, they are in breach of contract. This is the most frequent reason landlords pursue eviction in Texas.

Before filing for eviction, be sure to deliver the proper notice as required by law—usually a 3-day notice to pay or vacate, unless your lease states otherwise.

2. Illegal Activity on the Property

Using a rental unit for illegal purposes is a serious lease violation and a valid cause for eviction. This includes drug-related offenses or any other criminal conduct that takes place on the premises.

As a landlord, you have a responsibility to protect your property and ensure the safety of other tenants or neighbors. If criminal activity is confirmed, prompt legal action is warranted.

3. Significant Property Damage or Health & Safety Violations

While normal wear and tear is expected, tenants who cause substantial damage—either intentionally or through negligence—may be subject to eviction. Examples include broken windows, damaged walls, or harm to structural elements.

Additionally, you may need to clear the unit to remedy serious health or safety violations, such as removing asbestos, repairing faulty electrical systems, or addressing lead paint hazards. These types of repairs often can't be completed while the property is occupied.

Your lease should clearly define tenant responsibilities for property upkeep and what constitutes excessive damage.

4. Lease Violations

A lease is a binding legal agreement. If a tenant fails to follow any of its terms—such as subleasing without permission, housing unauthorized occupants, creating ongoing disturbances, or failing to maintain the property—you may have grounds for eviction.

To avoid disputes, it's best to outline specific lease rules and violations in clear, plain language from the start.

5. Holdover Tenants (Refusal to Vacate After Lease Expiration)

If a lease has expired and the tenant stays beyond the end date without your consent, they are considered a "holdover tenant." This is a form of unlawful occupancy, and you are within your rights to begin the eviction process.

Reasons for not renewing a lease may include planned renovations, converting the property to another use, or simply choosing not to continue the tenancy. Be sure to follow Texas law when giving notice of non-renewal, typically 30 days in advance for month-to-month tenancies.

By staying informed and following proper legal procedures, you can protect your properties, minimize risk, and maintain a professional landlord-tenant relationship.

Additional Reading: Texas Landlord Tenant Rental Laws & Rights [2025]

Step-by-Step Eviction Process in Texas

1. Landlord serves a three- to 30-day eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Court serves tenant a summons.
4. Tenant files an answer.
5. Landlord and tenant attend court hearing and receive judgment.
6. Tenant gets 24 hours to move out.
7. Sheriff returns to forcibly remove the tenant.

According to the process for eviction in Texas, tenants can be evicted for failing to pay rent, holding over after the lease expires, or violating the lease. Landlords in Texas can also pursue eviction after buying a property at a tax foreclosure sale which is currently occupied.

1. Landlord Serves a Three- to 30-Day Eviction Notice

The first step of the eviction process in Texas is sending a formal notice. If any of the above lease violations occur, the landlord must first serve a Texas eviction notice and state that the tenant has the appropriate number of days to remedy or cure the violation. There are two possible eviction notices a landlord may send in Texas:

• Default 3-day notice to quit. This notice applies in several different scenarios:
  • Nonpayment: If rent is unpaid when due and the lease does not say how many days' notice will be given, the landlord must deliver a three-day quit notice. This notice should state the amount of unpaid rent and the date on which the lease will terminate. The landlord is allowed to specify a longer or shorter notice period, but it must be included in the lease (Tex. Prop. Code § 24.005(a)).
  • Holding Over: If a tenant remains in possession of a property after the expiration of their lease (tenancy “at sufferance”), the landlord should give the tenant at least three days’ written notice to vacate, unless a longer or shorter period is agreed on in the written lease (Tex. Prop. Code § 24.005(b)).
  • Lease Violations: If a tenant violates a provision of the lease, the landlord should provide a three-day notice to quit, unless a longer or shorter period is agreed on in the written lease. The landlord is not required to provide the tenant an opportunity to cure the breach to avoid eviction (Tex. Prop. Code § 24.005(b)).

Note: For the above three-day notices, if the lease or the law requires the landlord to provide the tenant an opportunity to respond or “cure” the breach, the landlord must provide that period before filing for eviction (Tex. Prop. Code § 24.005(e)).

• Notice of Tax Foreclosure Sale: 30 days to quit. If the property is being purchased at a tax foreclosure sale and the tenant is not otherwise in default, the buyer must give that tenant at least 30 days’ written notice to vacate if they do not want to continue the lease (Tex. Prop. Code § 24.005(b)).

All eviction notices should be either delivered in person or by mail to the rental property. Personal notice can be either to the tenant directly or to any person living at the unit at least 16 years old.

If no one is home, the landlord is also allowed to post a copy of the notice to the inside of the main entry door. If the property has no mailbox and a keyless bolting device, alarm system, or dangerous animal that might reasonably cause harm to whoever serves the notice, they can alternatively securely post the notice outside the main entrance in a sealed envelope labeled appropriately as to get the tenant’s attention. This must be done no later than 5:00 pm, and a copy must be mailed to the tenant as well (Tex. Prop. Code § 24.005(f)).

For all evictions, the landlord may recover actual damages and reasonable attorney’s fees.

2. Landlord Files an Eviction Lawsuit with the Court

The next step in the Texas eviction process is filing a complaint in court. If the tenant has not cured the breach by the end of the notice period, the landlord can then file an Eviction Petition in Texas Justice of the Peace Court in the precinct in which the property is located (Tex. Prop. Code § 24.004).

The petition will include:

• The case number, precinct, and county
• The names and information of the landlord(s) and tenant(s)
• The address of the rental property
• The cause/reason for the eviction
• A verification that the landlord served the proper notice to vacate
• The grounds for eviction (e.g., nonpayment of rent or other fees, holding over, personal violations of the rental agreement, property damage, etc.)
• The type of judgment requested (e.g., rent, attorney’s fees, and/or post-judgment interest)
• The date and the landlord’s signature

The landlord should also attach copies of the eviction notice, the lease, and the tenant’s rental application (although the court does not require the landlord to enclose these). The landlord will also be required to pay a filing fee at this time, which is $54, plus $22 if a jury trial is requested.

Immediate Possession

There is also an option to file for “immediate possession” in Texas. To request immediate possession, the landlord must additionally file a sworn statement and post a bond in cash or surety, in an amount approved by the judge. This bond is intended to cover the tenant’s damages (e.g., additional rent, attorney fees, court costs, etc.) if a writ of possession is wrongly issued and later revoked after the tenant appeals (Tex. R. Civ. P. Part V, Rule 742(a-b)).

If the landlord files for immediate possession, a notice will be sent to the tenant warning them that if judgment is rendered against them, they may only have 24 hours to move out. It will also inform the tenant that if they want to remain living in the property during an appeal, they must post a counterbond (Tex. R. Civ. P. Part V, Rule 742(c-e)).

3. Court Serves Tenant a Summons

After the landlord files a claim, the court will issue a summons to be served to the defendant (the tenant) with a copy of the petition. In Texas, the summons is referred to as a “citation.” The citation will command the tenant to appear in court for the eviction hearing between seven and 14 days from the date the landlord filed the petition (Tex. R. Civ. P., Part V, Rule 741).

The citation will also include the following (Tex. Prop. Code § 24.0051):

• A copy of the petition and all documents filed by the landlord
• A statement informing the tenant that if they want a jury trial, they can request one by paying a jury fee at least three days before the trial
• A statement directing tenants to consult the Rules of Civil Procedure 550-575 and 738-755 for additional assistance
• The following warning: “FAILURE TO APPEAR FOR TRIAL MAY RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU.”

Methods of Service

Unless the court authorizes other methods, the citation must be served by a sheriff or constable. The landlord will need to take the appropriate documents to the sheriff’s office and request service. Then, the sheriff or constable will deliver a copy of the citation and petition either personally to the tenant or by leaving a copy with another person over 16 years old at the unit at least six days before the hearing date.

If the sheriff attempts service twice unsuccessfully and all possible addresses of the tenant are known, the judge may allow the sheriff to instead leave copies of the documents at the rental unit, either through a mail chute, slipping them under the door, or posting copies to the front door. If any of these alternative methods are used, the sheriff must also mail copies of the citation and petition to the tenant by first class mail (Tex. R. Civ. P., Rule 510.4(b-c)).

The fee to have the sheriff serve the citation varies by county. For example, the service fee is $30 in Denton County.

4. Tenant Files an Answer

After the summons/citation has been issued, the tenant has the option of contesting the eviction formally by filing a written answer. If the tenant wants to file an answer, they have 14 days to do so after receiving the citation and petition. However, tenants are not required to file an answer.

Additionally, either party may request a continuance (delay) of the hearing for good cause up to seven days. Texas eviction laws allow a continuance to be longer than seven days if both parties agree in writing (Tex. R. Civ. P., Part V, Rule 746).

5. Landlord and Tenant Attend Court Hearing and Receive Judgment

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment. If the tenant does not appear at the hearing, a default judgment will be entered in the landlord’s favor, and the tenant will be notified within 48 hours by first class mail (Tex. Prop. Code § 24.0061(c)).

If the tenant does attend the hearing but the judge rules in the landlord’s favor, a judgment will be entered for the landlord’s possession of the property, court costs, attorney’s fees, and back rent, if any. At the landlord’s request, the court will also issue a Writ of Possession after five days have passed since the judgment was entered. A writ can no longer be issued after thirty days have passed (Tex. R. Civ. P., Part V, Rule 749).

6. Tenant Gets 24 Hours to Move Out

After the writ has been issued, the landlord must take it to the sheriff’s office and request service upon the tenant. The sheriff or constable will serve the writ, providing the tenant at least 24 hours to move out (Tex. Prop. Code § 24.0061).

7. Sheriff Returns to Forcibly Remove the Tenant

If the tenant does not move out within the 24 hours, the sheriff will return to forcibly remove the tenant and return possession of the property to the landlord. The sheriff may take longer but cannot remove the tenant before the 24-hour final notice period expires.

Storage Rules

After an eviction, Texas eviction laws dictate that any personal belongings remaining in the unit should be placed outside the rental unit nearby, but not blocking any public sidewalk, passageway, or street and not while it’s raining, sleeting, or snowing outside. Some municipalities may provide free, portable, closed containers for the tenant’s belongings. If the tenant does not recover their property from the containers within a reasonable time, the municipality may remove the containers and dispose of their contents by any lawful means (Tex. Prop. Code § 24.0061).

The writ may also authorize the officer to remove and store personal property at their discretion. The sheriff could, for example, hire an insured warehouse owner to store part of or all the property at no cost to the landlord. The warehouse owner then has a lien on the property for reasonable storage and moving charges. The officer is not allowed to require the landlord to store the property, and neither are liable for damages to it. The tenant should be notified that their property is being stored by first class mail to their last known address within 72 hours after execution of the writ, along with a notice stating the address and telephone number of the warehouse. The property must be stored for 30 days, after which the tenant must either pay storage charges to redeem it or it may be sold (Tex. Prop. Code § 24.0062).

Evicting a Squatter in Texas

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In Texas, squatters must have occupied the property for:

• 3 years with color of title
• 5 years with color of title, paying all property taxes, and cultivating the land, OR
• 10 years of improving the land

to invoke Texas squatters rights and claim right of possession (Tex. Prop. Code § 16.024-16.026). Their possession must also be:

• Hostile/Adverse—The squatter must not have a valid lease with the owner
• Actual—The squatter must be actively residing on the property
• Open and Notorious—The squatter is openly and obviously living there.
• Exclusive—The squatter does not share possession of the property with anyone else.
• Continuous—The squatter must hold continuous and uninterrupted possession.

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Texas to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Texas, you should:

1. Call local law enforcement.
2. Determine whether the person is a trespasser or a squatter.
3. If the person is a trespasser, they can be removed immediately by a police officer.
4. If the person is a squatter, you must contact the sheriff’s office.
5. Send the squatter an eviction notice as per Texas eviction laws.
6. If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.

Additional Reading: Texas Squatter's Rights & Adverse Possession Laws [2025]

How Much Does an Eviction Cost in Texas?

This chart shows estimates of the approximate cost of an eviction in Texas, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.

How Long Does an Eviction Take in Texas?

The chart below shows an estimate of the duration of each part of the eviction process in Texas. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.

Eviction Tips for Landlords

The smartest way to avoid the costs and headaches of an eviction is to prevent it from happening in the first place. Here are some best practices Texas landlords can follow to reduce the chances of needing to evict a tenant:

• Screen tenants thoroughly. Check income, credit history, criminal background, and any prior evictions. A strong screening process helps you identify qualified tenants who are more likely to pay on time and follow the rules.
• Use clear, easy-to-understand lease agreements. Spell out rules and responsibilities in plain language so tenants fully understand what's expected and what may lead to a lease violation.
• Do regular property inspections. Periodic walk-throughs help you catch problems early—whether it's property damage, unauthorized occupants, or lease breaches—so you can address issues before they escalate.
• Offer a short grace period for rent payments. Life happens—even for good tenants. Allowing a few extra days before charging late fees or taking action gives tenants breathing room and helps preserve the relationship.
• Encourage open communication. Let tenants know you're willing to work with them when something changes. If someone's paycheck is delayed due to a job change, they must need a few more days to pay—communication helps you plan ahead instead of rushing into legal action.
• Have honest conversations. Sometimes, an honest conversation with the tenant can uncover solutions. Whether it's a temporary payment plan, adjusting a lease policy, adding someone to the lease, or allowing a sublease, you may be able to resolve the situation without going to court.

Additional Reading: Texas Background Checks & Screening Online

If eviction is absolutely necessary, here are some key tips to make the process smoother in Texas.

• Stick to all legal procedures and timelines. Texas courts follow specific rules, and any misstep—like improper notice—can cause delays or require you to start over from scratch.
• Avoid accepting partial rent payments. Once eviction proceedings begin, accepting any amount of rent without a court-approved agreement could complicate or even derail your case.
• Document everything. Keep a detailed paper trail: rent receipts, notice served, photos of damage, copies of communication, lease violations, and any supporting evidence. These records will support your case in court.
• Leverage property management software. Systems that log rent payments and lease activity can streamline the process. You can print reports that clearly show payment history and missed deadlines.
• Consider hiring a Texas eviction attorney. A local lawyer familiar with landlord-tenant law can handle filings, court appearances, and notices, ensuring everything is done correctly and efficiently.

Conclusion

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and Texas laws on eviction, you can feel more confident pursuing an eviction in this state.

FAQs

What are the valid legal grounds for eviction in Texas?

Valid reasons for eviction in Texas include nonpayment of rent, criminal activity, significant property damage, lease violations, holdover tenancy, or after a tax-foreclosure sale.

How long must a landlord give notice before filing for eviction?

Landlords must provide a written notice of at least three days to vacate for rent default, lease violations, or holdover, unless the lease specifies a different period. If evicting after a tax foreclosure purchase, a 30-day notice is required .

What is the typical timeline to complete an eviction in Texas?

Evictions in Texas generally take between 1 and 3 months from notice to enforcement. However, an eviction may take longer if the tenant contests or appeals the lawsuit.

Can a landlord evict a tenant without legal process?

No—self-help evictions (e.g., lockouts or utility shutoff) are illegal. Texas law requires strict adherence to statutory notice, court filings, service, judgment, writ issuance, and enforcement by the sheriff.

What happens if the tenant contests the eviction?

Tenants can file a written answer within 14 days after being served. If contested, the court schedules a hearing 7–21 days post-service. Landlords may request a continuance for good cause, up to seven days—longer only by written agreement.

How does eviction work for squatters/adverse possessors?

Squatters in Texas who have not met the requirements or filed a claim for adverse possession must be removed via the typical eviction or forcible detainer process. Once a court order has been obtained, the sheriff can remove the squatter from your property.

How long does it take to evict a tenant in Texas?

It takes around 1 to 3 months to evict a tenant in Texas.

Do landlords need a reason to evict a tenant in Texas?

Yes, landlords need a valid reason to evict a tenant in Texas. Valid reasons include nonpayment, lease violations, holding over, illegal activity, etc.

Is it possible to stop an eviction once it's been filed in Texas?

Yes. Landlords and tenants can work out a solution. The tenant may pay overdue rent or correct a lease violation, and the landlord can then dismiss the case. If the court has already ruled, stopping the process becomes more difficult—but in some cases, tenants may still be able to appeal.

Court Documents

• Tenant Eviction Answer Form
• Filing an Eviction Case – Downloadable Petition, Statement of Inability, Appeal bond, Application for Writ of Execution and Application for Writ of Garnishment forms.

Additional Resources

• Commonly Requested Legal Forms – Landlord-tenant eviction forms from the Texas state law library.
• Texas Rules of Civil Procedures, Part V – Rules of Practice in Justice Courts – This document includes the specific rules of civil procedure and court policies in Texas.