Evictions in Texas must strictly follow a set of legal procedures. Whether you are a landlord seeking to regain possession of your property or a tenant wanting to understand your rights, it is crucial to know the rules that govern the eviction process. At ME Law, PLLC, we help landlords and tenants across Austin and Central Texas navigate eviction disputes with clarity and confidence.
Below is a comprehensive overview of the eviction process in Texas.
1. Valid Legal Reason for Eviction
Texas law requires a valid legal reason for eviction, including:
- Nonpayment of Rent: The most common reason for eviction.
- Lease Violations: Such as unauthorized occupants, pets, or illegal activity.
- Holdover Tenancy: Staying beyond the lease term without the landlord’s permission.
- Property Sale, Rehabilitation, or Owner Move-In: In certain cases, if authorized by lease terms or applicable law.
Landlords cannot evict tenants in retaliation or for discriminatory reasons in violation of state or federal law.
2. Notice to Vacate Requirement
Before filing an eviction lawsuit, landlords must give tenants a proper Notice to Vacate:
- General Rule: A minimum 3-day written notice to vacate is required unless the lease specifies a different notice period.
- Delivery Methods: The notice must be personally delivered, sent via certified mail, or posted on the inside of the main entry door.
If the tenant fails to vacate after the notice period expires, the landlord may then file an eviction lawsuit.
3. Filing the Eviction (Forcible Detainer) Lawsuit
If the tenant does not move out, the landlord must file a Forcible Detainer Suit at the Justice of the Peace Court in the precinct where the rental property is located.
The petition must include:
- Names and addresses of the parties
- Description of the rental property
- Basis for the eviction
- Proof that a Notice to Vacate was given
Court filing fees typically apply, along with fees for service of process.
4. Eviction Court Hearing
After filing, the court will set a hearing date, usually within 10–21 days.
At the eviction hearing:
- Both landlord and tenant may present evidence (lease agreements, notices, payment records, etc.)
- Either party may request a jury trial if they pay the associated fee
- The judge will render a decision based on the evidence presented
Important: Tenants are entitled to defend themselves, raising issues such as defective notice, retaliation, or breach of warranty of habitability.
5. Judgment and Appeals
If the landlord wins:
- The court issues a Judgment for Possession.
- The tenant has 5 calendar days to vacate or file an appeal.
If the tenant appeals:
- They must file a Notice of Appeal and, in most cases, post an appeal bond or file a pauper’s affidavit.
- The case then moves to the county court for a new trial (called a “trial de novo”).
6. Writ of Possession
If the tenant does not vacate after 5 days and does not appeal, the landlord can request a Writ of Possession:
- This authorizes the constable to physically remove the tenant and their belongings from the property.
- The writ must be served at least 24 hours before the constable executes it.
Landlords cannot engage in “self-help” evictions — such as changing locks or removing tenant belongings without a court order.
7. Special Rules for Certain Evictions
Commercial Leases: Different notice periods and remedies may apply based on the terms of the commercial lease.
COVID-19 Era Protections: Some temporary protections may still apply in certain jurisdictions or under federal programs (though most have expired).
Manufactured Home Communities: Additional notice and process requirements may apply if the tenant owns a manufactured home and rents only the lot.
8. Common Mistakes to Avoid
- Failing to give proper Notice to Vacate
- Accepting partial rent after filing (may waive eviction rights)
- Using illegal self-help tactics like lockouts
- Failing to follow precise court procedures
Any misstep can delay or even cause dismissal of an eviction case — costing time and money.
How ME Law, PLLC Can Help
At ME Law, PLLC, we represent landlords and tenants throughout the eviction process in Austin, Travis County, and surrounding areas. Our eviction services include:
- Drafting and delivering proper Notices to Vacate
- Filing forcible detainer lawsuits
- Representing landlords or tenants at hearings
- Handling appeals and writs of possession
- Advising on lease enforcement and defense strategies
Whether you need fast action to remove a nonpaying tenant or protection against wrongful eviction, we offer clear, strategic guidance every step of the way.
