Texas Eviction Laws: 2025 Step by Step Process & Costs

Overview of Eviction Laws in Texas

Alright, listen. Your tenant is three months behind, and that "For Rent" sign is collecting dust. You're googling at midnight. Breathe. I've been here. This isn't a polished guide; it's a survival memo. Screw it up, and you lose months. Get it right, and you get your property back.

Here's exactly what you do, in order. No fluff.

STEP ZERO: The Brutal Truth (Before You Do Anything)

You cannot just kick them out. Changing locks, cutting power, tossing their stuff on the lawn? That's an illegal "self-help" eviction (Tex. Prop. Code § 92.0081). They can sue you for thousands. The only legal path is through the courts. Period.

Ask yourself: Is this worth it? If they owe $1,000 but a lawyer costs $3k, maybe a "cash for keys" deal is smarter. Offer them $500 to be gone by Friday. Get it in writing. If not, proceed. War is here.

STEP ONE: The Notice (Your First & Most Important Weapon)

MESS THIS UP = CASE DISMISSED. You must give written notice. Verbal doesn't count.

• For Non-Payment: "3-Day Notice to Vacate" (Tex. Prop. Code § 24.005). They get 3 days to pay all owed rent or leave. Not a "notice to pay," a "notice to vacate." The wording matters.
• For Lease Breach (Noise, Pet, Damage): Also a 3-Day Notice, but they can cure it (fix the problem) within that time.
• For No Cause (Month-to-Month): "30-Day Notice to Vacate" (Tex. Prop. Code § 91.001).

How to Deliver (THIS IS EVIDENCE):

1. Certified Mail (Return Receipt Requested). OR
2. In Person (have a witness). OR
3. Taped to the INSIDE of their front door (sounds weird, but it's valid if you can't get in).
   DOCUMENT HOW, WHEN, WHERE. Take a photo. Your future self in court will thank you.

STEP TWO: The Lawsuit (Forcible Detainer – Sounds Scarier Than It Is)

If they're still there after the notice period, GO. Do not wait "to be nice." Every day is lost rent.

• Where: Justice Court in the precinct where your property is. Not county court. Justice Court. Find yours on the Texas Justice Court Training Center site.
• What to File: A "Petition to Recover Possession of Property" (Eviction). You'll swear under oath the facts are true.
• Cost: ~$100-$200 in filing fees. Pay it. It's the cost of doing business.
• The Tenant Gets Served: The constable will deliver the lawsuit. They now have a magic 5-day window to file an answer. If they don't, you can win by default.

STEP THREE: The Hearing (Showtime, Don't Blow It)

This is it. Everything rides on this 5-minute circus.

• Bring Your Evidence Binder: Lease, all rent receipts (showing lack of payment), your Notice to Vacate, proof you delivered it, photos/videos of violations, every text/email. Three copies.
• What They'll Try (Common Tenant Defenses):
  • "The place is a dump!" (Repair Issues): If they have proof they requested major repairs (no heat, sewage leak) and you ignored it, the judge might dismiss you. Fix serious stuff when they ask.
  • "This is retaliation!" Did they recently complain to the city about code violations? Judges hate retaliatory evictions (Tex. Prop. Code § 92.331).
  • "I never got the notice!" This is why you have that photo of it taped to the door.
• If You Win: The judge grants a Judgment for Possession. You are not done.

STEP FOUR: The Lockout (The Constable is Your New Best Friend)

You cannot touch the property yet.

1. Wait 5 Days: The tenant can appeal. It's rare, but they have the right.
2. Get the Writ: After 5 days, go back to the court clerk. Pay for the Writ of Possession.
3. Give it to the Constable: Take the writ to the constable's office for that precinct. They will post a final 24-hour notice on the door.
4. The Lockout: After 24 hours, the constable meets you there. They will supervise. They will tell the tenant to leave. If the tenant refuses, the constable may physically remove them. You then change the locks.

CRITICAL 2025 REALITIES & PITFALLS

• Forget Local "Right-to-Cure" Laws: Austin, Dallas had them. State law (House Bill 2127) killed them in 2023. You follow the state's 3-day notice, period.
• The Deposit is a Separate Battle: Do NOT just keep it for back rent. After they're out, you have 30 days to send an itemized list of damages to their last known address. If you don't, you could owe them triple.
• Their Stuff: After lockout, if they left belongings, the constable may arrange storage. You generally can't just throw it away. Rules are sticky here; the Texas Attorney General's Tenant Guide outlines the basics, but consider a quick lawyer consult.

WHEN TO FOLD & GET A PRO

This process is a second job. If you have more than one property, or this makes you want to vomit from stress, outsource it.

A service like Hemlane exists for this. They don't get scared. They don't forget dates. They handle the notices, the court filing, the constable coordination, and the illegal-retaliation-defense headache for you. Your time and sanity are assets. Protect them.

Bottom Line: Eviction is a brutal, procedural knife fight. Your weapons are perfect notice, flawless documentation, and cold, relentless follow-through. Miss a step, and you bleed time and money. Follow this map, and you get your keys back.

Sources & Legal Backstop: This memo pulls from the Texas Property Code, the Texas Attorney General's Tenant Handbook, and 2023's HB 2127. It's battle-tested, not theoretical.*

Disclaimer: This is hard-won experience, not legal advice. The law changes. Your situation is unique. For a multi-hundred-thousand-dollar asset, spending $500 on a 30-minute consult with a Texas real estate attorney isn't an expense—it's insurance. Go get proper counsel.*