Outline of the Eviction Process in Texas

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: Tex. Prop. Code Ann. § 24.001 to § 24.011 (Forcible Detainer); § 91.001 to § 92.355 (Residential Landlord and Tenant).

2. Notice to Quit

• Written Notice to Vacate served:
  • Non-payment: 3-day notice to pay or vacate (unless lease specifies longer).
  • Lease violation: 3-day notice to cure or vacate (if curable); 3-day for non-curable (unless lease specifies longer).
  • Month-to-month: 30-day notice to terminate (or per lease).
  • No-fault/end of lease: 30-day notice (or per lease).
  • Illegal activity or holdover: 3-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified/registered), or posted inside main entry door.
• Tenant can cure by paying rent or fixing violation (within 3 days, if lease allows).

3. Filing the Eviction Case

• File Petition for Eviction in Justice of the Peace Court.
• Documents: Petition, Notice to Vacate, lease, proof of service, non-military affidavit.
• Fee: ~$54–$150 (varies by county).
• Timing: After notice period expires (e.g., 4th day for 3-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 6 days before hearing.
• Methods: Personal delivery, left with resident (age 16+), mailed (certified), or posted with mailed copy.
• Tenant must appear at hearing; no written Answer required.

5. Court Hearing

• Held 10–21 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (rare).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 5 days to County Court (requires bond).
• Writ issued: ~6–10 days post-judgment; sheriff or constable serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff or constable removes tenant; no mandatory storage (30-day storage if landlord stores).
• Tenant may reclaim stored property by paying costs within 30 days.
• Law: Tex. Prop. Code Ann. § 24.0061.

8. Tenant Protections

• Rights:
  • Cure violations (3 days, if lease allows), defenses (retaliation, discrimination, limited habitability).
  • No self-help evictions (landlord penalties up to 1 month’s rent plus $1,000 and attorney fees).
• Resources:
  • Texas Legal Services Center (800-622-2520), texaslawhelp.org, txcourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. County variations may apply.
• Sources: Tex. Prop. Code Ann. § 24.001 to § 24.011, § 91.001 to § 92.355; txcourts.gov; texaslawhelp.org.

Eviction Process by State