Home » Texas Eviction Laws and Eviction Process

Texas Eviction Laws and Eviction Process

SherRon Marcek

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Eviction Laws
Texas landlord tenant laws, Texas eviction laws, Texas renters’ rights, Texas Eviction Process

A reference of Texas eviction laws, and steps of the Texas eviction process for landlords and renters, updated 2021.

  • What notice do Texas eviction laws require that landlords provide tenants before starting the eviction process?
    • For evictions based on non-payment of rent, the landlord must provide a 3-day notice. (Tex. Prop. Code Title 4 §24.005).
    • For evictions based on non-compliance with the lease agreement, the landlord must provide a 3-day notice. (Tex. Prop. Code Title 4 §24.005).
    • For evictions based on remaining in possession of the rental unit beyond the period of the lease without the owner’s permission, the landlord must provide a notice of 30-days for a month-to-month tenancy. (Tex. Prop. Code Title § 91.001).
  • Do Texas eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 
    • No. Texas law prohibits self-help measures. If the landlord unlawfully removes or excludes the tenant from the property or interrupts essential services to the rental property, the tenant can recover one month’s rent, plus $1,000, actual damages, court costs, and reasonable attorney’s fees. (Tex. Prop. Code Title 4 § 92.008).

Texas Eviction Process: Step-by-Step

The eviction process in Texas involves the following six steps:

  1. The landlord serves the eviction notice. The landlord must give the appropriate eviction notice to the tenant. The eviction notice must generally be by personal delivery to the tenant or any person residing at the rental unit who is 16 years of age or older, by personal delivery to the premises and attaching it to the inside of the main entry door, or mailing it. Alternatively, if the notice cannot be delivered in this way because there is no mailbox at the property, there is a dangerous animal at the property, alarm system, or keyless bolting service, or the landlord reasonably believes they could be physically harmed by personal service, the landlord can deliver the notice to vacate by securely attaching it in a sealed envelope to the outside of the main entry door that says “IMPORTANT DOCUMENT” in all capital letters and mailing the same no later than 5 p.m. of the same day. (Tex. Prop. Code Title 4 §24.005(f-1) ).
  2. The landlord takes legal action. If the tenant does not cure the breach or move out by the time indicated in the eviction notice, the landlord files a Petition for Eviction from Residential Premises to officially begin the eviction process in Texas. The landlord must also submit a Military Status Affidavit to inform the court whether the tenant is currently serving in the military and a Case Information Sheet that provides basic information about the landlord and tenant. The landlord has a summons issued that informs the tenant that legal action is being ten against them and that a default judgment can be made against them if they fail to respond to the petition. 
  3. The landlord serves the tenant. The landlord serves the tenant with the legal documents. The tenant can respond with the Defendant’s Original Answer.
  4. Parties attend the hearing. The parties attend the hearing and present their case. 
  5. Landlord files a Writ of Possession. If the tenant fails to respond or the court rules in the landlord’s favor, the landlord files a Request for Writ of Possession. This gives the sheriff the legal right to remove an unwanted tenant from the property. 
  6. Sheriff evicts the Tenant. The sheriff serves the Writ of Possession on the tenant and removes the tenant from the property. 

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**Blog Article Disclaimer*

This blog article is provided for informational purposes only and does not constitute legal advice. The content is intended to offer general information and should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.

While we strive to keep the information accurate and up-to-date, laws and regulations are subject to change, and the legal landscape may vary based on jurisdiction. Therefore, we make no representations or warranties regarding the completeness, accuracy, reliability, or suitability of the information contained in this article.

Reading, accessing, or using the information provided in this blog does not create an attorney-client relationship between the reader and the author, and any reliance on the information is at your own risk. If you require legal advice or assistance, it is crucial to consult with a qualified attorney who can consider the specifics of your situation and provide advice accordingly.

The author and the platform disclaim any liability for any loss or damage incurred by individuals or entities as a result of the information presented in this blog. We recommend consulting a legal professional before making decisions or taking action based on the information provided in this article.

This disclaimer is subject to change without notice, and it is the responsibility of the reader to review and understand the disclaimer before relying on the information contained in the blog article.

PayRent is on a mission to build a rent collection app that fosters a positive and productive relationship between renters and landlords. We focus less on transactions and more on the people behind them.

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