General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- Texas evictions are handled in justice court under Texas Property Code chapter 24 and the Texas Rules of Civil Procedure.
- A written notice to vacate is required before filing, generally at least three days unless the lease sets a different period.
- Only a constable or sheriff acting on a writ of possession can remove a tenant, and self-help evictions are prohibited.
- Texas changed its eviction procedures in 2025, with new rules taking effect in 2026, so older guides may be out of date.
- Uncontested cases often finish within a few weeks, while appeals can add significant time.
Texas is often described as a landlord-friendly state, but its eviction process still has firm rules. Evictions are civil cases in justice court, they move quickly, and judges expect the notice, petition and service to be correct. Getting the steps right protects your case and avoids delays.
This guide walks through the Texas eviction process from notice to writ of possession. It is general information, not legal advice. Texas overhauled parts of its eviction procedure in 2025, with changes taking effect in 2026, and the Texas Supreme Court updated the court rules to match. Confirm the current rules with your justice court and a Texas attorney before you act.
For a general overview of the process in any state, see our eviction process overview.
Grounds for eviction
Common grounds for eviction in Texas include:
- Nonpayment of rent
- Violating a material term of the lease
- Holding over after the lease ends or after a proper termination notice
- Occupying the property without a right to be there, such as after a foreclosure
Texas does not have a statewide just cause law. A landlord can generally choose not to renew a lease or end a month-to-month tenancy with proper notice. However, an eviction cannot be based on discrimination or retaliation, and tenants in some subsidized housing have additional federal protections.
Notice to vacate
Before filing, the landlord must give the tenant a written notice to vacate. Texas Property Code chapter 24 generally requires at least three days’ notice, unless the lease provides a different period. The notice must be delivered by a method the law allows, such as personal delivery to the tenant or a person at the residence, mail, or other permitted methods. The 2025 changes adjusted some delivery rules, so check the current requirements.
A few points to keep in mind:
- Texas does not require a cure period for lease violations unless the lease provides one.
- A notice to vacate is different from a notice of termination of a month-to-month tenancy, which generally requires at least one month’s notice.
- Properties covered by certain federal programs or federally backed mortgages may require a 30-day notice under federal law.
Filing the case in justice court
After the notice period ends, the landlord files a petition in the justice court for the precinct where the property is located. The petition describes the property, the grounds for eviction and any rent claimed. Filing fees and service fees vary by county.
The court issues a citation, and a constable, sheriff or authorized process server delivers it to the tenant. The trial is set quickly, typically within a few weeks of filing. Landlords can represent themselves in justice court, and in many counties an authorized agent such as a property manager can appear for the owner.
The hearing and judgment
At the hearing, the landlord must prove the right to possession, usually with the lease, the notice to vacate, proof of delivery and a rent ledger. The tenant can present defenses, such as improper notice, payment, retaliation or a repair dispute. Either side can request a jury in many cases.
If the tenant does not appear, the landlord can generally obtain a default judgment after proving the case. If the landlord wins, the court awards possession and may award unpaid rent, court costs and, where allowed, attorney fees. Our cash for keys guide covers an alternative some owners use to reach a faster negotiated move-out.
Appeals
Either party can appeal a justice court judgment to the county court within a short deadline after judgment. The tenant usually must post a bond or file a statement of inability to pay. In nonpayment cases, a tenant who stays in the unit during the appeal generally must pay rent into the court registry as it comes due. The 2025 legislation aimed to shorten and streamline the appeal process, so confirm the current deadlines.
Writ of possession and removal
If the tenant does not leave after judgment and the appeal period passes, the landlord can request a writ of possession. The writ directs a constable or sheriff to restore possession to the landlord. Before executing the writ, the officer posts a warning on the door at least 24 hours in advance. On the day of execution, the officer supervises the removal of occupants and belongings.
No self-help evictions
A Texas landlord cannot remove a tenant without a court order. Removing doors, windows or belongings, or cutting off utilities to force a tenant out, is prohibited, with narrow exceptions for repairs and emergencies. The Property Code allows a limited lock change for delinquent rent only under strict conditions, including prior notice and providing a new key promptly on request. Violations can expose the landlord to damages, civil penalties and attorney fees.
Typical timeline
Timing depends on the county, the court’s calendar and whether the tenant contests. As a rough guide:
- Notice to vacate: often 3 days, or longer if the lease or federal law requires
- Filing to hearing: typically 1 to 3 weeks
- Waiting period after judgment: several days before a writ can issue
- Writ execution: often within a week after issuance, after the 24-hour warning
An uncontested case often takes about 3 to 5 weeks from notice to removal. An appeal can add several weeks or more. Treat these figures as estimates.
Verify current law
Texas eviction procedure changed significantly in 2025 and 2026, and court rules are updated periodically. Federal rules may apply to some properties, and local courts have their own practices. Confirm the current statute text and court rules, check with your justice court and consult a Texas attorney before acting.
Related reading: Texas landlord-tenant rights, California eviction process, the definition of eviction and our rent collection guide. TenantLoop rent collection with reminders and late fees can help you catch problems before they reach court.
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Where landlords trip up.
How much notice does a Texas landlord have to give before filing an eviction?
Generally at least three days' written notice to vacate, unless the lease provides a shorter or longer period. Properties covered by certain federal housing programs or federally backed mortgages may need a longer notice under federal law.
Does Texas require just cause to end a lease?
Texas has no statewide just cause requirement. A landlord can generally decline to renew a lease or end a month-to-month tenancy with proper notice, as long as the reason is not discriminatory or retaliatory.
Can a Texas landlord change the locks on a tenant who has not paid rent?
Texas allows a limited lock change for delinquent rent only under strict conditions in the Property Code, including advance notice and providing a new key on request. It is not an eviction and cannot be used to keep a tenant out.
Can a tenant appeal a Texas eviction judgment?
Yes. Either party can appeal to the county court within a short deadline after judgment. In nonpayment cases, tenants who stay in the unit during the appeal generally must pay rent into the court registry.