Texas Eviction Laws: Landlord & Tenant Overview

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 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

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

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

• Security Deposit: No statewide deposit limit. The refund is due on or before the 30th day after the tenant surrenders the unit, but the landlord need not send it, or the written description of damages and charges, until the tenant gives a forwarding address in writing (Tex. Prop. Code §§ 92.103, 92.107).
• 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 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