Key Takeaways
- Landlords in Texas must follow a legal eviction process as outlined in the Texas Property Code.
- Eviction notices must correspond to the type of lease violation and be served using approved methods.
- Tenants can challenge evictions in Justice Court based on improper procedure or illegal motivations.
Are you dealing with a difficult tenant in Texas and considering eviction? If so, this guide has you covered as a property owner. Our team at Shannon Property Management will walk you through everything you need to know about the tenant Texas eviction process.
As a landlord, you may want to evict a tenant for various reasons, such as failure to pay rent on time, violating a lease term, or staying after the lease has ended. Regardless of the reason, you must follow the legal eviction proceedings. Landlords must not engage in self-help, retaliatory, or discriminatory evictions based on a tenant’s protected class status.
In Texas, the only legal way to remove a tenant is through the statewide eviction process. While the eviction lawsuit may seem straightforward, missing even one step can delay the removal and extend the tenant’s stay significantly. It’s essential to remain informed and proceed cautiously to avoid legal complications like filing fees or the Writ of Possession.
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What’s the Eviction Process in Texas?
The landlord-tenant relationship in Texas is governed by Chapter 92 of the Texas Property Code, which outlines the procedures landlords must follow to evict a tenant. Here's how the process of an eviction lawsuit works:
Notice for Lease Termination with Legal Cause
To begin the eviction proceedings, you must have legal cause. This means you must have a valid reason, such as:
- The tenant has failed to pay rent on time.
- The tenant remains on the property after the lease ends.
- The tenant has violated a term of the lease agreement.
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Once you have a legal reason, you must serve the appropriate eviction notice, depending on the violation:
Nonpayment of Rent
Serve a 3-Day Notice to Quit. This gives the tenant three business days to vacate. Under Texas landlord-tenant law, tenants do not have the opportunity to fix the issue. Note: Rent is considered late on the third day after it’s due, unless the lease agreement specifies a longer grace period.
No Lease or Holdover Tenants
Serve a 1-Month Notice to Quit. This applies to tenants without a lease or tenants who stay beyond the lease term. It also applies to tenants on a month-to-month lease when it comes to an eviction suit.
Lease Violations
Serve a 3-Day Notice to Quit. Tenants have up to three days to vacate. No opportunity to remedy the violation is required under Texas law. Examples of violations include illegal activity, unauthorized pets, or failure to maintain the property with damages that go beyond a tenant's security deposit.
In all cases, it’s important to keep copies of the notices property owners serve and document every step taken. These records may become essential in Justice Court if the tenant contests any of the eviction cases.
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Serving an Eviction Notice in Texas
Eviction notices must not only be relevant to the violation, but must also be served properly on a tenant. If you fail to do so, the tenant can use that as a legal defense against their eviction.
And if they are successful, you may have to restart the eviction process all over again. This will give the tenant more time on your Texas rental property.
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So, how should landlords serve eviction notices to tenants in Texas? The following are the options you have.
- Delivering the notice personally to the tenant.
- Leaving the notice with someone at least 16 years old who lives at the property.
- Posting a copy on the main door or another visible location.
- Sending the notice via mail.
- Deliver it electronically to the resident (if agreed to by both parties in writing).
Make sure to verify your method of delivery with the Texas Property Code or legal counsel, especially if the situation is complex. Failing to serve the notice properly is one of the most common causes of eviction delays.
Tenant Eviction Defenses in Texas
Mistakes during the eviction process can lead to delays or dismissal of the case. Tenants may use the following defenses in court when it comes to the eviction suit:
- The eviction notice contained significant errors, such as missing the reason for eviction.
- The written notice was served improperly.
- You attempted a “self-help” eviction, such as changing locks, cutting off utilities, or removing personal belongings.
- The eviction was based on discriminatory reasons, such as race, sex, nationality, or another protected class.
- The eviction was retaliatory, such as following the tenant’s exercise of legal rights.
- The tenant can prove the alleged violation did not occur (e.g., proof of rent payment).
If any of these claims are proven, the court may halt the eviction process. In some cases, tenants may also sue for unlawful eviction.
To protect yourself, make sure all documentation, such as payment records, written notices, and communication with the tenant, is complete, clear, and organized. A well-documented case improves your chances of a favorable court decision when it comes to an eviction suit.
Attending the Eviction Hearing in Texas
Eviction hearings in Texas typically occur 10 to 21 days after filing the eviction complaint in court. After a landlord files the eviction, this must happen within the 21-day-period and, if it doesn't, a landlord can file a complaint to the court.
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You may receive a judgment in one of two ways:
- Default judgment if the tenant does not appear in Justice Court.
- Judgment after a hearing if the court finds in your favor.
In either case, the court will issue a Writ of Possession that is to be delivered within 5 business days, giving the tenant at least 24 hours to vacate before the sheriff or constable enforces the eviction after the Writ of Possession. If a tenant fails to leave, there will be legal action and court costs taken.
At this point, landlords should avoid any direct involvement with removing the tenant or their belongings. Only law enforcement or a law enforcement officer has the authority to carry out the eviction and charge any reasonable attorney's fees for the Writ of Possession.
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Bottom Line
Evictions in Texas must follow a legal process from start to finish. Even minor missteps can cause delays, financial loss, or legal liability. To protect your investment and reduce stress, consider working with a professional property management company.
Shannon Property Management is a full-service company serving Houston. Contact us to learn more about how we can assist you with tenant management and legal compliance with an eviction suit.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For assistance with eviction or other legal matters, consult a licensed attorney or legal professional familiar with Texas landlord-tenant law.
About the Author
Real estate, construction, and property management have been part of Steven Shannon’s life from the very beginning. As a fifth-generation Houstonian and Owner of Shannon Property Management, Steven combines a deep understanding of the local market with hands-on experience in construction and property operations. Before founding the company, he worked in management consulting and later managed large industrial construction and real estate development projects, experiences that helped shape his practical, solutions-focused approach to property management.
Today, Steven is dedicated to helping rental property owners maximize returns while reducing the stress that often comes with managing real estate investments. Under his leadership, Shannon Property Management has built a reputation for delivering stability, peace of mind, and exceptional service to owners and residents throughout the Houston area.
Through the company blog, Steven shares insights on property management, real estate investing, maintenance best practices, and market trends to help owners make informed decisions and protect the long-term value of their investments.