The eviction process in Texas requires strict compliance with state law, from serving proper notices to obtaining a court order. Even minor mistakes can cause costly delays or lead to case dismissal. This guide from LeaseRunner breaks down each step, points out common landlord errors, and offers practical tips to help you handle evictions legally, efficiently, and with full compliance under the Texas Property Code.
What Landlords Should Know about Texas Senate Bill 38 (SB 38)
Texas Senate Bill 38 (SB 38), signed by Governor Greg Abbott on June 20, 2025, takes effect January 1, 2026. This law reshapes the Texas eviction process, giving landlords faster tools to remove squatters while reinforcing protections for lawful tenants. Below is a breakdown of the two most impactful changes for landlords.
Expedited process for removing squatters
SB 38 creates a streamlined path for property owners dealing with unauthorized occupants.
- Quicker court action: Judges must rule within 10–21 days of the eviction filing, cutting months off the previous timeline for clear squatter cases.
- Summary disposition: In uncontested squatter or forcible entry cases, courts can issue judgment without a trial if the occupant fails to present valid evidence within four days.
- Simplified notice delivery: Constables must attempt service within five business days. If unsuccessful, landlords can use other qualified law enforcement or post the notice directly on the property.
- Fewer appeal delays: Tenants must swear to having a legitimate defense before appealing. Appeals must be filed within five days and heard within 21 days, preventing delay tactics.
Tenant's new "Right to Cure"
SB 38 also ensures fairness for renters acting in good faith.
- Three-day rent cure: Landlords must give at least three days’ written notice for nonpayment before filing for eviction—allowing tenants to pay overdue rent or vacate.
- Due process access: Tenants can respond to eviction notices by phone, email, or in person, keeping the process accessible.
- CARES Act compliance: Properties covered by the federal CARES Act still require a 30-day notice before a writ of possession can be executed, even if the eviction filing proceeds sooner.
SB 38 streamlines Texas’s eviction process, giving landlords faster, lower-cost options to remove squatters while tightening timelines for tenants. Though it preserves core tenant protections, critics warn of risks if misapplied, making compliance with the updated law essential for both sides. If you’re updating your lease forms to reflect SB 38’s requirements, LeaseRunner’s lease agreement templates can help you stay current.
Legal Grounds for Eviction in Texas
Understanding when and why a landlord can legally remove a tenant is essential to navigating the eviction process in Texas. Below are the most common grounds recognized under the Texas Property Code.
Nonpayment of rent
If a tenant fails to pay rent as required by the lease, the landlord may issue a 3-day notice to vacate under Texas Property Code § 24.005, unless the lease specifies a different period. This notice gives the tenant a short window to pay the overdue amount or leave. If the tenant does neither, the landlord can file an eviction lawsuit in the Justice of the Peace court.
Lease violations
Tenants who break lease terms—such as causing property damage, keeping unauthorized pets, or engaging in illegal activity—can face eviction. The landlord must send a notice detailing the violation and allow three days to fix the issue or vacate (unless the lease sets a different period). Serious or criminal violations may allow the landlord to proceed without giving a chance to cure. For guidance, review Texas rent laws to ensure proper handling.
Holdover tenancy
When a tenant stays past the end of the lease without the landlord’s approval, it becomes a holdover tenancy. In most cases, the landlord must provide a 3-day notice before filing for eviction. For month-to-month rentals, at least 30 days’ notice is required under Texas Property Code § 91.001.
End of lease or month-to-month termination
If a fixed-term lease expires or a month-to-month tenancy is being ended, the landlord can serve the tenant with a 30-day termination notice (or the period stated in the lease). Failure to vacate after the notice period allows the landlord to pursue eviction in compliance with Texas Property Code § 24.005.
Serving an Eviction Notice in Texas
Before starting an eviction process in Texas, landlords must serve the correct notice to tenants as required by the Texas Property Code. The notice type, details included, and delivery method can directly impact whether the eviction holds up in court. For accuracy, you can use LeaseRunner’s eviction notice check tool to ensure compliance.
Choosing the right type of notice
Select the notice that matches the reason for eviction. For nonpayment of rent or lease violations, a 3-day notice to vacate is standard unless the lease specifies otherwise. For month-to-month terminations, provide at least 30 days’ notice.
Include required information in the notice
To be enforceable, a Texas eviction notice should contain clear, specific details. Make sure to include:
- The reason for eviction (e.g., unpaid rent, lease violation, holdover)
- The deadline for the tenant to comply or vacate
- Landlord’s name, address, and contact details
- A clear description of the lease term breached (if applicable)
Use accepted delivery methods
Texas law allows several ways to serve an eviction notice. Use one that protects your legal standing:
- Hand-deliver to the tenant
- Leave with someone 16 or older at the property
- Post inside the main entry door or on the inside of the main entrance
- Send by certified mail with return receipt requested
Step-by-Step Eviction Process in Texas
Understanding each stage of the eviction process in Texas is key for landlords to stay compliant and avoid costly delays. Good documentation—like move-in/move-out condition records—helps protect you in court.
Step 1 – Serve the proper eviction notice
Before filing in court, Texas law requires landlords to give tenants written notice explaining why they must leave—such as nonpayment of rent, lease violation, or ending a month-to-month tenancy.
Common notice types:
- Nonpayment of rent: 3-day notice to vacate unless the lease allows more time.
- Lease violation: 3-day notice to cure or vacate (if the violation is fixable).
- Month-to-month termination: 30-day notice.
Notices can be delivered in person, mailed, or posted on the property as allowed by the lease.
Step 2 – File an eviction complaint in county court
If the tenant doesn’t comply, the landlord files an Eviction Petition with the Justice of the Peace Court in the property’s county. Include tenant details, property address, reason for eviction, and any unpaid rent. Filing fees generally range from $100–$200.
Step 3 – Serve summons & complaint
A constable, sheriff, or licensed process server delivers the summons to the tenant. If personal delivery fails, posting and mailing are allowed. The summons lists the hearing date, usually set within 10–21 days.
Step 4 – Tenant’s response period or default judgment
Tenants have 5 days from service to file a written response. If they respond, the case moves to a hearing. If they don’t, the landlord can request a default judgment to proceed without one.
Step 5 – Court hearing
At the hearing, the landlord must prove valid grounds for eviction, while the tenant may raise defenses such as improper notice or retaliation. The Justice of the Peace usually rules the same day or soon after.
Step 6 – Obtain a final judgment & Writ of Possession
If the landlord wins, the court issues a Final Judgment and Writ of Possession, allowing the sheriff or constable to remove the tenant. Tenants typically have 5 days to appeal before enforcement.
Step 7 – Sheriff Lockout + post-writ vacate period
Once the appeal period passes, the sheriff enforces the writ. The tenant is physically removed if necessary, and belongings may be stored or placed on the curb per local rules. Some counties allow a 24-hour grace period for full move-out.
< Heading 2 > Texas Eviction Timeline and Costs
Understanding the eviction process in Texas helps landlords follow the law, avoid costly mistakes, and recover possession faster. Below is a clear step-by-step breakdown, including typical timelines and estimated costs.
Total Timeline: About 3–6 weeks, depending on court schedules, tenant actions, and county rules.
Total Estimated Costs: $280–$1,250, influenced by filing fees, service method, and attorney involvement.
Required Documents for a Smooth Texas Eviction
Before you can legally remove a tenant in Texas, the court will expect clear, organized proof of your case. Having these documents ready can speed up the process and strengthen your position under the Texas Property Code.
1. Signed lease agreement
Keep a complete copy of the written lease, including all amendments or addenda. This contract defines rent terms, lease length, and clauses related to termination or eviction.
2. Legally compliant notice to vacate
Serve the tenant with a written Notice to Vacate that states the reason for eviction—such as nonpayment of rent or lease violation—and the timeframe to fix the issue. In Texas, the standard is three days unless your lease specifies otherwise, as outlined in Texas Property Code § 24.005.
3. Proof of proper delivery
Record how and when you delivered the notice—via certified mail, in person, or posted on the property. Signed receipts, affidavits, or dated photos can serve as crucial evidence in court.
4. Payment history records
Maintain accurate rent payment logs, bank statements, or receipts. These show a clear history of payments or missed payments, supporting claims of unpaid rent. Additionally, you can review the Texas security deposit law to ensure you handle deposits correctly when ending a tenancy.
5. Evidence of lease violations
For evictions based on lease breaches (e.g., unauthorized pets, property damage), collect photos, inspection reports, written complaints, and copies of prior warnings or communications sent to the tenant.
6. Court-ready eviction forms
Prepare your Petition for Eviction for filing with the Justice of the Peace court. Include the property address, tenant details, and the reason for eviction. Check your county court’s website for specific form and fee requirements.
Common Mistakes Texas Landlords Should Avoid
To keep the eviction process efficient and lawful, Texas landlords must be aware of and avoid these common pitfalls.
1. Not giving proper notice
Many landlords fail to serve a valid Notice to Vacate as required under Texas Property Code § 24.005. The notice must clearly state the eviction reason and be delivered by an approved method, such as certified mail or in person. Using law-compliant resources like LeaseRunner helps ensure your notices meet legal requirements.
2. Skipping lease terms
Evicting a tenant without following the lease agreement—for example, skipping required warnings or ignoring agreed timelines—can void your case. Always review the lease first and ensure all procedures match Texas rental laws.
3. Mishandling security deposits
Texas law requires landlords to return security deposits within 30 days, along with an itemized deduction list. Not documenting the property’s condition or wrongfully withholding funds can lead to disputes and court claims.
4. Ignoring maintenance obligations
Failing to address repair requests or maintain habitable living conditions can give tenants a defense against eviction. Texas landlords must promptly handle essential repairs to stay compliant and avoid delays.
5. Attempting self-help evictions
Changing locks, cutting off utilities, or removing tenant property without a court order is illegal in Texas. Always file through the Justice of the Peace court and follow the formal eviction process to avoid costly penalties.
Conclusion
Understanding the eviction process in Texas is essential for landlords who want to protect their property and avoid costly legal setbacks. By following the required steps, respecting tenant rights, and steering clear of common mistakes, you can complete the process smoothly and lawfully. When in doubt, consult legal counsel or use trusted tools like LeaseRunner to keep every step compliant with the Texas Property Code.
FAQs
Q1. What is the first step in the eviction process in Texas?
The first step is serving a Notice to Vacate to the tenant. Under Texas Property Code § 24.005, the notice must clearly state the reason for eviction and the deadline to move out, which is typically three days unless the lease or law specifies otherwise.
Q2. How long does the Texas eviction process usually take?
On average, the eviction process in Texas takes three to six weeks from the time the notice is served to when the court issues a judgment, depending on the notice period, the Justice of the Peace Court’s schedule, and whether the tenant appeals.
Q3. Can a landlord in Texas evict a tenant without going to court?
No. Evicting a tenant without a court order—such as changing the locks, shutting off utilities, or removing the tenant’s belongings—is illegal under Texas law. Landlords must file the case in court and obtain a Writ of Possession, which is enforced by a constable or sheriff.
