Texas eviction law is more landlord-friendly than many states, but tenants still have important protections.
Step-by-step process
1. Written Notice to Vacate (3 days minimum)
Before filing for eviction, your landlord must give you a written notice to vacate. Unless your lease specifies a different period, the default is 3 days. The notice must be delivered by:
- In-person delivery
- Mail (regular, registered, or certified)
- Posting on the inside of the main entry door
2. Filing in Justice Court
If you haven't left after the notice period, the landlord files an eviction suit (forcible detainer) in the local justice court.
3. Court Hearing
The court hearing is typically set 10-21 days after filing. You have the right to appear and present your defense.
4. Judgment and Appeal
If the judge rules for the landlord, you have 5 days to appeal to county court. An appeal bond may be required.
5. Writ of Possession
If no appeal is filed, the court issues a writ of possession. A constable will post a 24-hour notice, after which you must vacate.
Tenant defenses
Even in Texas, you may have valid defenses:
- The landlord didn't follow proper notice procedures
- You paid the rent that was owed
- The eviction is retaliatory (within 6 months of a repair request or code complaint)
- The property has serious habitability issues
- The landlord is discriminating against you
Important: No "self-help" evictions
Even in Texas, your landlord cannot lock you out, shut off utilities, or remove your belongings without a court order. If they do, you can recover actual damages, one month's rent plus $500, and attorney's fees.