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Legal Guide

Texas Eviction Laws 2025: Complete Landlord & Tenant Guide

Texas is generally considered a landlord-friendly state with faster eviction timelines than many other states. Understanding the specific requirements is essential for a successful eviction.

Last Updated: December 5, 2025

Texas Notice Requirements

Texas allows landlords to customize notice periods in the lease, but has default requirements.

  • 3-Day Notice: Default for non-payment (unless lease specifies otherwise)
  • Lease can specify shorter notice (even 1 day) for non-payment
  • 30-Day Notice: Default for month-to-month termination
  • Notice to Vacate: Required before filing eviction suit
  • Saturday/Sunday/holidays do not count in the 3-day period
  • Notice can be delivered in person, by mail, or posted on door
  • Must include landlord's name and address

Texas Eviction Timeline

Texas has one of the fastest eviction processes in the country.

  • Notice Period: 3 days (or per lease terms)
  • Filing: Can file immediately after notice expires
  • Service: Tenant served within days of filing
  • Court Date: Usually 10-21 days after filing
  • Judgment: Same day as trial if uncontested
  • Appeal Period: 5 days to appeal
  • Writ of Possession: 24 hours notice before lockout
  • Total Time: Often 3-4 weeks for uncontested evictions

Grounds for Eviction in Texas

Texas landlords can evict for several reasons without requiring just cause.

  • Non-payment of rent (most common)
  • Lease violations
  • Holdover after lease expiration
  • Criminal activity on premises
  • End of month-to-month tenancy (with notice)
  • Property damage
  • No just cause requirement in Texas (unlike California)
  • Can terminate at-will with proper notice

Texas Tenant Rights

While Texas is landlord-friendly, tenants still have important protections.

  • Security Deposit: No state limit, must return within 30 days
  • Repairs: Landlord has 7 days to make repairs after proper notice
  • Retaliation: Cannot evict within 6 months of tenant complaint
  • Lockouts: Landlord can legally lock out for unpaid rent (with restrictions)
  • Utility Shutoffs: Prohibited as eviction tactic
  • Late Fees: Must be "reasonable" per Texas Property Code
  • Right to Itemized Deduction List: For security deposit

Texas Self-Help Eviction Rules

Texas is unique in allowing certain self-help eviction methods that are illegal in most states.

  • Lockouts: Legal if lease allows and rent is overdue
  • Must provide key within 2 hours of tenant request during business hours
  • Cannot remove tenant's property during lockout
  • Notice must be posted on door during lockout
  • Utility shutoffs still prohibited
  • Many landlords still prefer formal eviction to avoid liability
  • Court eviction provides clearer legal protection

Frequently Asked Questions

Texas evictions are among the fastest in the US. Uncontested evictions typically take 3-4 weeks from notice to lockout. Contested cases with appeals can take 1-2 months. The actual timeline depends on court schedules in your county.

No. Texas requires a written Notice to Vacate before filing an eviction suit. The default is 3 days for non-payment, but the lease can specify a shorter period (even 1 day). Without proper notice, the eviction case will be dismissed.

Yes, Texas is unique in allowing landlord lockouts if: the lease authorizes it, rent is delinquent, proper notice is posted, and the landlord provides a key within 2 hours of request during business hours. However, many landlords prefer formal eviction.

Justice Court filing fees range from $46-$121 depending on the county. Additional costs include process server fees ($50-100), attorney fees if used ($500-2,000), and writ of possession costs ($100-200). Total costs typically range from $200-2,500.

It depends on timing. During the notice period, paying all rent and late fees typically stops the eviction. Once the lawsuit is filed, the landlord is not required to accept payment, though many will. After judgment, only an appeal can stop the eviction.

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