Eviction

An eviction is a lawsuit filed by a landlord to remove tenants from the landlord’s property. In Texas, an eviction is also called a “forcible detainer,” and a landlord cannot evict you without filing a case in Justice Court.

You can be evicted for violating your lease. For example:

• Not paying rent on time
• Damaging the property
• Actions that endanger the health and safety of others, like drug activity or violent crime
• Disturbing other tenants by being too loud or noisy
• Not leaving when your lease is up and is not renewed—called “holding over”

Whatever the reason, it is important to keep paying your rent, as usual, so your landlord can’t use nonpayment as another reason to evict you.

Before your landlord can file an eviction lawsuit against you, they must give you a written notice. Depending on the situation, you should get either a Notice to Pay Rent or Vacate or a Notice to Vacate.

• Notice to Pay Rent or Vacate: Required prior to eviction for unpaid rent if you have never been late on rent during the lease term. If you don’t pay or move, the landlord can sue to evict you once the notice deadline ends. Right to Pay Late Rent has more information.
• Notice to Vacate: Required prior to all other evictions. If you don’t move by the notice deadline, the landlord can sue to evict you.

Notice Deadlines

Notice deadlines are three days unless the lease says otherwise. Many leases only require one day notice.

The date listed in the notice is not the day you have to leave. It simply marks the time the landlord has to wait before filing an eviction lawsuit. Your landlord must sue in court and get an eviction order, called a Writ of Possession, before the constable can forcibly remove you. You should get a separate notice from the court, called a citation, which tells you your landlord is suing you.

Notice Delivery

Either type of written notice can be handed to you or to anyone living in your home who is 16 or older, sent by mail, or posted on the inside of your front door. If you have a lease or other agreement that says the landlord can give you notice by email, that is also allowed.

Important: If you actually get a copy of the notice, it does not matter how the landlord gives it to you.

Notice in Subsidized Housing

If you're in public or subsidized housing, or if your landlord is part of certain federal programs, the rules for notice may be different. See Special Notice of Eviction Rules for more information on special notice requirements.

If you don’t leave after you get the notice to vacate, your landlord can proceed with the eviction lawsuit in Justice of the Peace court. An officer will give the eviction papers to you or anyone on the property over 16 years of age. If the constable tries to serve you the papers in person twice and fails, they can leave the papers on your door or slip them underneath.

If an officer delivers eviction papers to you, that means your landlord has filed an eviction lawsuit.

1. Review the court papers carefully. The petition must name everyone listed in the lease and say exactly why you are being evicted. The papers will also tell you the date, time, and location of our court hearing. There may be other information as well. Make sure you understand and follow the directions in the papers.
2. Prepare for the hearing. You have the right to go to court and present your side. Gather documents, receipts, photos, or other evidence that supports your case. Bring this information with you to court.
3. File an Answer. An Answer lets you list your defenses, if any. While you do not have to file an Answer, it is often a good idea. If you end up needing to appeal your eviction hearing, you must file an Answer at that time if you haven't already.
4. Decide if you want a jury. If you want a jury instead of having the Justice of the Peace decide your case, you can submit a jury request and pay $22 (or a sworn statement of inability to pay that fee) before the date set for your trial. (See Jury Trials in Justice Court.) Note that the Answer form on TexasLawHelp has the option to request a jury.
5. Consider negotiating. Some landlords might be willing to negotiate. You may be able to work out a payment plan or get extra time to move out. For tips, read I want to avoid eviction by negotiating with my landlord.
6. Go to the hearing. Attending the hearing is crucial. If you do not go to the hearing, the judge will likely decide against you and you will have to move.
7. If you lose, decide if you want to appeal. If you lose the hearing, you have five days to appeal to County Court. See Appealing an Eviction.

If your citation includes a Motion for Summary Disposition, that means your landlord has told the court that you are a squatter and has asked to evict you without a hearing.

You must act quickly—within four days. You can file an Answer to tell the court that you are not a squatter and that anti-squatter laws should not apply to your case.

If you do not tell the court within four days that you disagree with the landlord about your squatter status, the landlord can get a Writ of Possession and evict you without a hearing when the four days have passed.

Motions for Summary Disposition are not meant to be used in normal eviction cases. They are only used to evict squatters—people who occupy a residence after entering unlawfully. However, if your landlord files one against you incorrectly, you still only have four days to respond.

Eviction cases move quickly. Most eviction hearings take place within 10 to 21 days after the Petition is filed. Note that the timeline starts on the day your landlord filed the Petition, not the day you first learn of it.

If you lose your eviction hearing, you have five days to appeal. If you do not appeal, the landlord can ask the court for a Writ of Possession. (If the landlord pays a fee and you do not show up to court, then the landlord can get the Writ of Possession without waiting five days.)

An officer will then give you the Writ—how long that takes depends on how busy they are. After you get the Writ of Possession, you have 24 hours to leave before being removed.

If you ignore the lawsuit or don’t appeal after losing, the landlord can get a “Writ of Possession.” This is a court order that tells the constable or sheriff to remove you from the property. Before the constable comes to remove you and your belongings, they must provide at least 24 hours’ notice and post the notice on your front door. Your property can be placed outside of the unit. Your landlord is not required to store it. Find more help from the Texas Tenant Advisor at www.texastenant.org.

Yes. Your landlord can choose not to renew for any reason except for:

• Discrimination based on sex, race, family status, disability, or another basis prohibited by law.
• Retaliation. A landlord cannot refuse to renew your lease for asking for repairs, standing up for your rights under the lease, or exercising any other legal right. You can claim retaliation as a defense for eviction, including eviction based on non-renewal, for six months after one of these events. Important: retaliation is not a defense for eviction due to unpaid rent.

You are legally entitled to advance notice if your landlord decides not to renew your lease. The amount of notice you should get depends on the terms of your lease and when it ends. If you are in public or subsidized housing, your landlord must have “good cause” not to renew your lease: for example, a serious lease violation.

You can use TexasLawHelp's Answer form to file an Answer in your evictions case.

Filing an Answer can help protect you from default judgments, present your defenses, and require the landlord to prove their case against you. Filing an Answer at the beginning of the process also keeps you from having to file an Answer later if you need to appeal to County Court, where Answers are required.

Learn about filing an eviction answer, which lets you list defenses for the court. Also learn how to appeal an eviction if you lose your case.