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Pay or Quit – Often called a notice to vacate, this is used when rent is unpaid. It demands that the tenant either resolve the issue or leave.
Cure or Quit – Used for lease violations unrelated to rent.
Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a month-to-month rental agreement with notice.
Notice to Quit for Illegal Activity – Applies to unlawful conduct and often leads directly to eviction.
Eviction Laws
Texas law establishes short timelines for most eviction situations, making proper notice essential.
- Rent Grace Period: 2 days.[1]
- Non-Payment of Rent: 3-day notice.[2]
- Lease Non-Compliance: 3-day notice.[2]
- Termination of Month-to-Month Tenancy: 1 month.[3]
- Eviction Lawsuit Type: Forcible entry and detainer.[4]
Notices must be delivered correctly and retained as evidence for the court.
Prohibited Landlord Actions
- Utility Shutoff – A landlord may not interrupt a tenant’s utilities except for repairs, construction, or emergencies. If utilities are shut off improperly, the tenant may terminate the lease or recover damages equal to one month’s rent plus $1,000, along with attorney’s fees and court costs.[5]
- Changing the Locks – A landlord may only change locks for unpaid rent if the lease allows it. The landlord must give at least five days’ written notice and inform the tenant that they can obtain the new key at any time, regardless of whether rent is paid.[6]
Failing to follow these requirements can invalidate the eviction and lead to penalties.
How to Evict a Tenant in Texas (Step-by-Step)
Step 1: Give the Tenant Proper Notice
The eviction process begins with a written notice. The landlord should keep two copies of the notice—one for the tenant and one for the court. Common notices include:
- 3-Day Notice to Quit – Non-payment of rent
- 3-Day Notice to Quit – Lease non-compliance
- 30-Day Notice to Quit – Month-to-month tenancy
Step 2: File the Case With the Justice Court
If the tenant does not comply, the landlord may file an eviction case with the local Justice of the Peace Court. Required documents typically include:
These documents generally must be notarized before filing. Filing fees vary by county, including:
Step 3: Tenant Files an Answer
After filing, the tenant may submit a Defendant’s Original Answer. The court will then schedule a hearing and notify both parties of the date and time.
Step 4: Attend the Hearing and Enforce the Judgment
If the landlord prevails, the tenant has five days to appeal. If no appeal is filed and the tenant remains in the unit, the landlord may request a Request for Writ of Possession, allowing the sheriff to remove the tenant from the property.
Court Forms & Resources
Eviction paperwork in Texas varies by county. Forms must be obtained from the Justice of the Peace Court in the precinct where the rental property is located. The documents provided below should be used as samples only.
- Petition for Eviction from Residential Premises – Filed by the landlord to request a court-ordered eviction.
- Military Status Affidavit – Confirms whether the tenant is on active military duty and must accompany the eviction petition.
- Case Information Sheet – Identifies the parties and the type of eviction case being filed.
- Defendant’s Original Answer – Allows the tenant to admit or deny the landlord’s allegations.
- Request for Writ of Possession (Sample) – Used if the tenant remains after eviction to authorize law enforcement removal.
Sources
- Tex. Prop. Code § 92.019(3)
- Tex. Prop. Code § 24.005(a)
- Tex. Prop. Code § 91.001(b)(2)
- Tex. Prop. Code § 24.001 – 24.011
- Tex. Prop. Code §§ 92.008(a), 92.008(f)
- Tex. Prop. Code § 92.0081
- Harris County Civil Process Fees
- Dallas County: Justice of the Peace Filing Fees
- Tarrant County: JP Filing Fee Schedule
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