How to Evict a Tenant in Texas: A Comprehensive Legal Guide for Landlords

Introduction

Evicting a tenant is often a landlord’s last resort, but sometimes it becomes necessary. Whether a tenant stops paying rent, violates lease terms, or engages in illegal activity, landlords in Texas need to understand the legal process to protect their property and enforce their rights. The eviction process in Texas is relatively straightforward compared to other states, but it requires strict adherence to statutory procedures. Failure to follow the correct steps can result in case dismissal, delays, and additional costs.

This comprehensive guide walks you through every stage of the Texas eviction process, from identifying legal grounds for eviction to obtaining a Writ of Possession and handling appeals. You’ll learn about notice requirements, service procedures, court filings, documentation standards, common mistakes to avoid, and special considerations for different types of evictions. Whether you’re dealing with nonpayment of rent, lease violations, or holdover situations, this guide provides the detailed, actionable information you need to navigate Texas eviction law successfully.

Understanding Texas Eviction Law: The Legal Foundation

What Is an Eviction in Texas?

In Texas, eviction is formally called a “Forcible Entry and Detainer” (FED) action. This is a civil lawsuit brought by a landlord (or property owner) to regain possession of rental property from a tenant. The FED action is the only legal method for removing a tenant from a property; self-help evictions (such as changing locks, removing belongings, or shutting off utilities) are illegal and can expose landlords to significant liability.

The Legal Basis for Eviction in Texas

Texas Property Code §§ 92.008 and 92.009 establish the rights and responsibilities of landlords and tenants. Under these statutes, landlords have the right to evict tenants for specific, legally recognized reasons. The Texas Justice Court Training Center provides guidance on proper eviction procedures, and the Texas Rules of Civil Procedure govern the court process.

Legal Grounds for Eviction in Texas

1. Nonpayment of Rent

The most common reason for eviction in Texas is nonpayment of rent. If a tenant fails to pay rent when due, the landlord can begin eviction proceedings.

What Constitutes Nonpayment: Any rent payment that is not made by the due date, as specified in the lease or by law (typically the first day of the month).
Partial Payments: If a tenant pays only part of the rent, the landlord can still evict for the unpaid portion.
Acceptance of Late Rent: If a landlord accepts late rent without reserving the right to evict, they may waive the right to evict for that particular month (though this depends on the lease terms and specific circumstances).
Rent Increase: If rent increases during the tenancy, the new amount is due on the agreed date. Failure to pay the increased amount is grounds for eviction.

2. Lease Violations (Holdover)

A tenant can be evicted for violating the terms of the lease agreement. These violations are called “holdover” evictions.

Common Lease Violations: Unauthorized occupants, pets in violation of lease terms, illegal activity, damage to the property, noise violations, or failure to maintain the property.
Curable vs. Incurable Violations: Some violations can be cured (fixed) by the tenant; others cannot. A tenant may have the opportunity to cure a violation before eviction, depending on the lease and state law.
Notice to Cure: For curable violations, Texas law typically requires the landlord to provide written notice giving the tenant a reasonable opportunity to cure the violation (often 3 days, but this can vary).

3. End of Lease Term (Tenancy at Will)

When a lease expires and the tenant does not leave, the landlord can evict for “holding over” or remaining in the property without permission.

Expired Lease: If a lease has a specific end date and the tenant remains after that date without a new agreement, eviction is appropriate.
Month-to-Month Tenancies: For month-to-month tenancies, the landlord must provide proper notice (typically 30 days) that the tenancy is ending before filing for eviction.
At-Will Tenancies: If there is no written lease, the tenancy is at-will, and the landlord can terminate with proper notice.

4. Criminal Activity

If a tenant engages in criminal activity on the property, the landlord can evict immediately without providing notice to cure.

Drug-Related Crimes: Manufacturing, distributing, or possessing illegal drugs on the property.
Violent Crimes: Assault, domestic violence, or other violent felonies.
Other Felonies: Any felony conviction related to activity on the property.
No Notice Required: For criminal activity, the landlord does not need to provide a cure period; immediate eviction is permitted.

5. Property Damage Beyond Normal Wear and Tear

If a tenant causes significant damage to the property, the landlord can evict.

What Qualifies: Intentional or negligent damage that goes beyond normal wear and tear, such as broken windows, holes in walls, damaged appliances, or destroyed flooring.
Documentation Required: Photos, repair estimates, and documentation of the damage are essential.

Step 1: Providing Notice to Vacate

The Notice to Vacate Requirement

Before filing an eviction lawsuit, Texas law requires the landlord to provide the tenant with written notice to vacate. This notice is a critical first step and must comply with specific statutory requirements.

Notice Period

The notice period depends on the reason for eviction:

Nonpayment of Rent: 3 days’ notice (unless the lease specifies a different period). The notice must state that the tenant has 3 days to pay the rent or vacate the property.
Lease Violations (Curable): 3 days’ notice to cure or vacate. The tenant has 3 days to fix the violation or leave (unless the lease says otherwise).
Lease Violations (Incurable): 3 days’ notice to vacate (no opportunity to cure for serious violations or criminal activity).
End of Lease Term: For month-to-month tenancies, typically 30 days’ notice is required, unless the lease specifies differently.
Criminal Activity: Immediate eviction is permitted; however, providing written notice is strongly recommended.

What the Notice Must Include

Property Address: The full rental property address.
Reason for Eviction: Clear explanation (nonpayment, lease violation, end of lease, etc.).
Specific Details: For nonpayment, state the amount and period owed. For violations, describe the issue specifically.
Deadline to Vacate: Exact date by which the tenant must vacate or cure the violation.
Landlord Contact: Name, address, phone, and email for the landlord or manager.
Signature and Date: Signed and dated by the landlord or authorized agent.

Sample Notice to Vacate for Nonpayment of Rent

[Landlord Name/Company]
[Landlord Address]
[City, State ZIP]
[Phone Number]
[Email]
[Date]

[Tenant Name]
[Property Address]
[City, State ZIP]

NOTICE TO VACATE FOR NONPAYMENT OF RENT

Dear [Tenant Name],
This letter is formal notice that you are required to vacate the property located at [Property Address], [City, State ZIP] within three (3) days of receipt of this notice, or pay all rent owed in full.
Rent Owed: $[Amount]
Period: [Month/Year]
Due Date: [Date]

If you do not vacate the property or pay the full amount owed by [Specific Date], legal proceedings will be initiated to recover possession of the property and collect all rent owed, court costs, and attorney’s fees as permitted by law.

Please contact me at [Phone] or [Email] if you have questions.

Sincerely,
[Landlord Signature]
[Landlord Printed Name]

Step 2: Service of Notice to Vacate

How to Properly Serve the Notice

Texas law allows several methods to deliver the Notice to Vacate:

Personal Delivery: Hand-deliver directly to the tenant. Obtain a signature if possible.
Certified Mail: Send via certified mail with return receipt requested. Keep the receipt as proof.
Posting: If the tenant can’t be found, post the notice on the inside of the main entry door. Take a photo as evidence.
Substituted Service: Leave the notice with a person of suitable age and discretion at the property (e.g., another occupant). Document the person’s name and relationship.

Documenting Service

Record the date and time of service.
Note the method used (personal, mail, posted, substituted).
Keep any signatures, photos, or certified mail receipts.

Step 3: Filing an Eviction Suit (Forcible Entry and Detainer Action)

When to File

If the tenant does not vacate or cure the violation by the deadline in the Notice to Vacate, the landlord can file an eviction suit in the Justice of the Peace (JP) court in the precinct where the property is located.

Required Documents

Eviction Petition: The formal complaint that starts the lawsuit. Include landlord and tenant names, property address, grounds for eviction, and requested relief.
Proof of Service: Certified mail receipt, affidavit of service, or photo evidence for posted notices.
Copy of Lease: If one exists, provide a signed copy. If not, provide documentation of the tenancy (payment records, emails, etc.).
Proof of Nonpayment or Violation: Rent ledgers, photos, communications, or repair estimates as appropriate.

Filing Fees

Fees vary by county but are usually $50–$150. Additional costs may include service of process and court costs.

Where to File

File in the Justice of the Peace court for the precinct where the property is located.
Check with your county clerk or local attorney for details.

Step 4: The Court Hearing and Trial

Scheduling the Hearing

After you file the eviction petition, the Justice of the Peace court will set a hearing date—usually between 10 and 21 days after filing. The tenant must be served with the petition and hearing notice at least 6 days before the hearing.

Preparing for Court

Bring All Documentation: Lease agreement, payment records, notice to vacate, proof of service, photos of violations or damages, and all relevant communications.
Organize Evidence: Present your documents in a logical order for the judge.
Be Professional: Dress appropriately and be respectful to the judge and tenant.

The Hearing Process

Both parties (landlord and tenant) present their sides.
The judge reviews all evidence and hears testimony.
The judge will decide whether to grant the eviction and may also rule on unpaid rent or damages.

If you win, the court will issue a judgment for possession and may also award you unpaid rent, damages, court costs, and attorney’s fees (if allowed by the lease).

Appeals

The tenant has 5 days after judgment to appeal the decision.
If the tenant appeals, the case moves to the county court, and the tenant may have to pay an appeal bond or file a pauper’s affidavit.
During the appeal, the tenant may remain in the property, but must pay rent into the court registry.

Step 5: Writ of Possession

If the tenant does not move out after the 5-day appeal period, you can request a “Writ of Possession” from the court. This writ authorizes the constable to physically remove the tenant and their belongings from the property.

Request the Writ: File your request with the JP court. There is a fee (usually $150–$250).
Constable’s Role: The constable posts a 24-hour notice on the property. If the tenant is still there after 24 hours, the constable will remove them and oversee the removal of their belongings.
Do Not Self-Evict: Never change locks, remove belongings, or shut off utilities yourself. Only the constable can perform the physical eviction.

Special Cases and Common Mistakes

Special Cases

Subsidized Housing: Additional rules may apply for Section 8 or government-subsidized tenants. Always check program requirements before proceeding.
Criminal Activity: Immediate eviction is allowed, but it’s still best to provide written notice and document all criminal acts.
Abandonment: If the tenant abandons the property, you may still need to file for eviction to regain legal possession.

Common Mistakes to Avoid

Failing to provide proper notice or using the wrong notice period.
Improper service of notice.
Not keeping thorough documentation.
Attempting self-help eviction (illegal in Texas).
Not appearing in court or being unprepared.
Not following up with the writ of possession if the tenant refuses to leave.

Best Practices for Texas Landlords

Always Use Written Leases: Clear, detailed leases help prevent disputes and make evictions easier to prove.
Document Everything: Keep thorough records of payments, notices, communications, and property condition.
Follow the Law Exactly: Texas courts require strict compliance with notice, filing, and service rules.
Stay Professional: Communicate respectfully and avoid confrontations with tenants.
Consult Legal Counsel: For complex cases, subsidized housing, or criminal activity, get expert advice.
Act Promptly: Don’t delay action if a tenant stops paying or breaks the lease—delays can cost you time and money.

Quick Reference Cheat Sheet: Texas Eviction Process

Step	Key Actions	AAOL Tip
Notice to Vacate	Give written notice (usually 3 days)	State reason, deadline, and keep proof of service
File Eviction Suit	File at JP court, pay fee, serve tenant	Bring all documents and evidence
Court Hearing	Present your case, get judgment	Be organized and respectful
Writ of Possession	Request writ after 5 days if needed	Only constable can remove tenant
Special Cases	Check rules for subsidized/criminal cases	Consult an attorney if unsure

Sample Notice to Vacate (Texas, Nonpayment of Rent)