⚖️ Texas Eviction Notice Laws

Texas eviction law is governed by Property Code Chapter 24 and handled in Justice of the Peace Court. The framework is relatively landlord-friendly — Texas is not a just-cause state, notice periods are short (3 days for non-payment), and JP Court moves fast. But the procedural rules are precise: skip a step, and the eviction fails. This guide walks through every stage from the Notice to Vacate to the writ of possession.

This guide covers the full Texas eviction framework — pay-or-quit notices, lease violation notices, month-to-month terminations, JP Court filing, service of process, hearings, appeals, and writ of possession. Written for Texas landlords who want their first eviction filing to succeed and for tenants who need to know their rights and defenses, every section ties to specific Chapter 24 requirements.

▶ Quick Overview

Watch Overview

Understanding Texas’s eviction framework is essential for both sides. Landlords who learn the process handle their own evictions routinely (the JP Court system is designed for this). Tenants who understand the rules can raise defenses, negotiate payment arrangements, or properly vacate with minimal impact. Self-representation is the norm in JP Court.

1. Notice to VacateTexas requires a written Notice to Vacate before filing eviction. For non-payment, 3 days minimum. For lease violations, notice must state the specific violation. Deliver by personal delivery to an adult at the unit, or post on the front door and mail.
2. File Petition in JP CourtAfter the notice period expires (and tenant hasn’t cured), file an eviction petition in the JP Court where the property is located. Petition states the grounds, demands possession, and can claim back rent up to $20,000.
3. Service of ProcessConstable or private process server delivers citation to tenant. Tenant has 10 days to file a written answer (not strictly required in most JP Courts but recommended). Court sets the hearing date.
4. JP Court HearingBoth parties appear before the Justice of the Peace. Hearings are typically 15-30 minutes, informal. Landlord must prove: valid lease, non-payment or lease breach, proper notice, service. Tenant can raise defenses.
5. Judgment and WritJudge rules. If for landlord, tenant has 5 days to appeal (perfect bond). After appeal window, landlord requests writ of possession. Constable executes within 5-7 days — physically removes tenant and restores possession.

✅ Required Elements

• Written document (not oral notice)
• Tenant’s name and property address
• Specific grounds (non-payment amount, lease violation description)
• Minimum notice period (3 days for non-payment, or lease-specified)
• Date of notice and method of delivery
• Landlord or agent signature

📬 Acceptable Delivery Methods

• Personal delivery to the tenant at the unit
• Personal delivery to an adult occupant at the unit
• Posting on the inside of the main entry door + mailing copy
• Certified mail with return receipt (for documentation)

❌ Notice Failures That Kill Evictions

• Oral notice only — no written document
• Less than 3 days for pay-or-quit
• Notice that doesn’t specify the grounds
• Improper delivery (posting on exterior door only, for example)
• Notice to wrong tenant or wrong address
• Filing before notice period expires

Texas tenants facing eviction have real defenses — but must raise them at the hearing. Simply not appearing results in default judgment for the landlord. Attending and raising applicable defenses often delays or defeats the eviction.

1. Improper NoticeNo written notice, wrong notice period, or defective service are complete defenses. The eviction must be refiled with proper notice.
2. Payment MadeIf rent was paid before the eviction was filed, the grounds disappear. Bring receipts, bank records, or money order stubs.
3. Habitability ViolationsMaterial habitability issues (Property Code § 92.052) that the landlord ignored despite proper notice can support an affirmative defense.
4. Retaliation (§ 92.331)If the eviction follows protected tenant activity (habitability complaint, code enforcement contact, assertion of rights) within six months, retaliation presumption applies.
5. DiscriminationFair Housing Act or Texas civil rights violations can support defenses. Document the specific discriminatory treatment.
6. Procedural DefectsWrong court, wrong defendant, wrong property, computational errors in rent calculations can all support defenses.

Texas’s 254 counties each have Justice of the Peace Courts with eviction jurisdiction. Procedures are substantively the same (Chapter 24 governs) but case volumes, hearing timelines, and local customs vary significantly. Understanding your specific JP Court’s pace and expectations helps landlords plan timelines.

📋 Pre-Filing

• Verify lease is current, signed, and in landlord’s name
• Calculate exact amount owed with precision (rent + late fees per lease)
• Document all prior communications about non-payment or violations
• Prepare written Notice to Vacate with all required elements
• Deliver notice by acceptable method + retain proof

⚖️ Filing & Hearing

• File in correct JP Court precinct (where property is located)
• Bring lease, payment ledger, notice copy, and proof of delivery to hearing
• Appear on time — default judgments favor landlords only if they appear
• Present facts concisely — judge wants short, clear case presentation
• Know the specific Chapter 24 elements needed for your grounds

📜 Post-Judgment

• Wait the full 5-day appeal window before requesting writ
• Submit writ request promptly — Constable schedules execution
• Plan for execution date — remove belongings per Constable’s process
• Re-list unit for rental after writ executes
• Pursue money judgment separately if landlord wants unpaid rent