Texas Eviction Laws - 2024 Eviction Process
Houston, Dallas, and Fort Worth all have one thing in common—they're known for consistently having some of the highest numbers of eviction filings in the United States. Collectively, landlords in these Texas cities have initiated over 37,000 eviction cases during the initial quarter of 2022. These numbers were unprecedented since the onset of the pandemic.
In this guide, we'll cover everything you need to know about Texas eviction laws. Keep reading to find the most valid legal reasons for eviction and a step-by-step understanding of the Texas eviction process.
What Are The Eviction Laws In Texas?
Having a clear understanding of the grounds for eviction according to Texas eviction laws is of utmost importance for both landlords and tenants. Here are some of the most prevalent reasons for eviction in the state of Texas.
Failure to Pay Rent on Time
Rent is a critical aspect of a lease agreement, and timely payment is essential for maintaining a landlord-tenant relationship. If a tenant fails to pay rent on time in Texas, the landlord must provide a written 3-Day Notice to Pay or Quit.
This notice gives the tenant three days to pay the overdue rent or face eviction. Landlords may also charge late fees, provided they offer a grace period of at least two days.
Violation of the Lease/Rental Agreement
If a tenant breaches any terms of the agreement, the landlord must issue a 3-Day Notice to Cure Violations or Move Out. This notice grants the tenant three days to correct the violation or vacate the premises.
Common lease violations include:
- Unauthorized subletting
- Causing disturbances
- Property damage
- Disregarding smoking or pet policies
Conducting Illegal Activity
Engaging in illegal activities within the rental property is a serious offense. In such cases, the landlord can issue a 3-Day Notice to Vacate, demanding that the tenant leave the premises immediately.
Illegal activities may include:
- Drug-related offenses
- Violent behavior
- Theft
Non-Renewal of the Lease After the Rental Period Ends
Tenants in Texas have the right to stay until the end of their rental period as long as they comply with the lease terms. However, if the tenant remains on the property after the lease expires and does not arrange for renewal, the landlord can serve a 30-Day Notice to Vacate.
Landlords are not obligated to remind tenants to renew their leases unless explicitly stated in the lease agreement per Tex. Prop. Code Ann. §91.001.
Texas Eviction Laws: Quick Reference Table
| Problem | Texas Eviction Law Says… | Which Form To Issue |
|---|---|---|
| Tenant hasn’t paid rent. | Landlords may charge late fees if they offer a grace period of at least two days. If rent remains unpaid, you may begin eviction. Tex. Prop. Code § 24.005 |
Provide a written 3-Day Notice to Pay or Quit. |
| Tenant has pets or long-term guests. | Provide notice that the tenant has three days to correct the violation or vacate the premises. Tex. Prop. Code § 24.005 |
Issue a 3-Day Notice to Cure Violations or Move Out. |
| Tenant has damaged the property. | Provide notice that the tenant has three days to correct the violation or vacate the premises. Tex. Prop. Code § 24.005 |
Issue a 3-Day Notice to Cure Violations or Move Out. |
| Tenant is conducting illegal activities. | Engaging in illegal activities within the rental property is a serious offense that can result in eviction. Tex. Prop. Code § 24.005 |
Issue a 3-Day Notice to Vacate so the tenant leaves the premises immediately. |
How To Evict A Tenant In Texas: Step By Step Guide
Step 1: Provide a Written Notice to Vacate
The first step in the eviction process in Texas is to give the tenant a written notice to vacate the property. This notice must be in compliance with Texas eviction laws and typically takes the form of a 3-Day Notice to Vacate.
The notice should clearly state the reason for eviction, such as non-payment of rent or violating the lease agreement. The tenant is given three days to either pay the overdue rent, correct the violation, or move out of the rental unit.
Step 2: Filing of Eviction Suit
If the tenant does not comply with the notice and fails to move out or remedy the situation within the specified three-day period, the landlord can proceed with filing an eviction suit. The eviction hearing cannot occur until at least 10 days after filing the petition.
The landlord must ensure that all required documentation is submitted to the court and follow the proper legal procedures during this process.
Step 3: The Eviction Hearing and Judgment
At the eviction hearing, the landlord and the tenant present their cases before a judge. The judge will review the evidence and issue a judgment. If the decision favors the landlord, the tenant is given a five-day grace period before any further action can take place.
Step 4: Tenant's Appeal (Optional)
During the five-day grace period, the tenant can file an appeal if they disagree with the court's decision. If an appeal is filed, the hearing cannot take place for at least eight days. The appeal process allows the tenant to present additional evidence or arguments to contest the eviction.
Step 5: Requesting a Writ of Possession
If the tenant does not appeal or the appeal is unsuccessful, and the five-day grace period expires, the landlord can request a writ of possession from the judge. This writ authorizes the constable to remove the tenant and their belongings from the rental property.
Step 6: Execution of the Writ and Eviction
Once the writ of possession is granted, the constable will post a 24-hour notice on the property, informing the tenant of the imminent eviction. After the 24-hour notice period, the constable will execute the writ and remove the tenant's belongings from the premises if necessary.
How Long Does An Eviction Stay On Your Record?
An eviction itself does not show up on your credit report, but late rent payments and associated fees can be reported and remain on your credit report for a period of up to seven years.
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