Texas Eviction Laws

Texas rules on eviction for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.

Short answer: At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. Tex. Prop. Code Sec. 24.005(a)

The rules in Texas

Notice for unpaid rent	At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. SB 38 (Acts 2025, 89th Leg., ch. 960), effective January 1, 2026, repealed former subsections (f)-(f-2) and (g)-(i). Notice must be delivered by mail (incl. first class, registered, certified, or delivery service), delivery to a conspicuous place inside the premises, hand delivery to a tenant 16 or older, or electronic means if agreed in writing; these method rules do not apply if the tenant actually receives the notice (Sec. 24.005(f-3), (f-4)). Federal notice requirements (e.g., CARES Act) do not delay filing but delay service of the writ (Sec. 24.005(c-1)). Source: Tex. Prop. Code Sec. 24.005(a)
Notice for lease violations	Same 3-day written notice to vacate as for other defaults, unless the lease provides otherwise. No statutory right to cure. Source: Tex. Prop. Code Sec. 24.005(a)
Lockouts & utility shutoffs	Landlord may not intentionally exclude a tenant except by judicial process, with narrow exceptions including a lock change for rent delinquency if allowed by the lease and preceded by written notice (5 days if mailed, 3 days if hand-delivered/posted), and a new key must be available 24 hours a day regardless of payment. Remedy: possession or termination, plus one month's rent + $1,000, actual damages, costs and attorney's fees. Interrupting utilities (except for repairs, construction, emergency, or authorized submetered electric cutoffs) carries the same one month's rent + $1,000 remedy. Utility section: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm#92.008. Submetered/allocated electricity may be cut for nonpayment only under the conditions in Sec. 92.008(h) and following. Source: Tex. Prop. Code Sec. 92.0081; Sec. 92.008

How an eviction case works in Texas

Eviction cases are heard in: Justice court in the precinct where the property is located (appeal to county court).

Written notice to vacate (at least 3 days unless lease says otherwise; pay-or-vacate form for first-time nonpayment) delivered by a method in Sec. 24.005(f-3)
File sworn petition in justice court; landlord may include a sworn motion for summary disposition (Sec. 24.00505, 24.005106)
Sheriff/constable must make a diligent effort to serve citation within 5 business days of filing; otherwise landlord may use another trained officer (Sec. 24.0051(f))
Tenant may file a response to a summary disposition motion no later than the 4th day after service; trial is set 10-21 days after filing and not earlier than 4 days after service (Sec. 24.0051(g), 24.005106)
Judgment; appeal to county court by bond, cash deposit, or statement of inability within 5 days after judgment is signed (Sec. 24.005107)
Writ of possession may not issue before the 6th day after judgment (absent possession bond); officer serves it within 5 business days, posts a 24-hour warning, then executes (Sec. 24.0061)

Landlords: how to evict a tenant in Texas — steps, costs, timeline and forms.

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Texas vs. neighboring states

Eviction: Texas vs. neighboring states
State	Notice for unpaid rent	Notice for lease violations	Lockouts & utility shutoffs
Texas	At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. Tex. Prop. Code Sec. 24.005(a)	Same 3-day written notice to vacate as for other defaults, unless the lease provides otherwise. No statutory right to cure. Tex. Prop. Code Sec. 24.005(a)	Landlord may not intentionally exclude a tenant except by judicial process, with narrow exceptions including a lock change for rent delinquency if allowed by the lease and preceded by written notice (5 days if mailed, 3 days if hand-delivered/posted), and a new key must be available 24 hours a day regardless of payment. Remedy: possession or termination, plus one month's rent + $1,000, actual damages, costs and attorney's fees. Interrupting utilities (except for repairs, construction, emergency, or authorized submetered electric cutoffs) carries the same one month's rent + $1,000 remedy. Tex. Prop. Code Sec. 92.0081; Sec. 92.008
Arkansas	For a civil unlawful detainer, the landlord must give three days' written notice to vacate before filing. Ark. Code Ann. § 18-60-304	Three days' written notice to vacate before filing an unlawful detainer, the same as for nonpayment. Ark. Code Ann. § 18-60-304	Lockouts and other self-help evictions are not allowed. The Arkansas Supreme Court held in Gorman v. Ratliff (1986) that under the forcible entry and detainer law a landlord may not re-enter a rental or carry away a tenant's belongings without first going to court, and that lease clauses allowing self-help are invalid. A tenant who wins can recover costs and damages. No statute specifically addresses utility shutoffs by a landlord. The legal routes to regain possession are unlawful detainer (§§ 18-60-301 et seq., 3 days' written notice) and eviction in district court (§§ 18-17-901 et seq.), with the sheriff executing the writ. Gorman v. Ratliff, 289 Ark. 332, 712 S.W.2d 888 (1986); Ark. Code Ann. §§ 18-60-301 et seq., 18-17-901
Louisiana	Written notice to vacate giving at least 5 days from delivery. Saturdays, Sundays and legal holidays are not counted in a period this short, so in practice the tenant gets 5 business days. The lease may waive the notice, and many standard leases do. La. C.C.P. arts. 4701, 5059(C)(3); La. R.S. 1:55(E); La. C.C. art. 2704	Same 5-day written notice to vacate (waivable in the lease) once the lease is dissolved for the breach. No statutory cure period. La. C.C. art. 2686; La. C.C.P. art. 4701	Self-help eviction is not authorized. A landlord must use the court process (notice to vacate, rule to show cause, judgment, and a warrant executed by the sheriff, constable or marshal). The only exception is a reasonable belief that the tenant abandoned the premises. A landlord who locks out the tenant or removes belongings may be liable for wrongful-eviction damages. La. C.C.P. arts. 4701, 4731-4734; La. C.C. art. 2682
New Mexico	3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. NMSA 1978, § 47-8-33(D)	First material noncompliance: 7-day written notice to cure (tenancy ends in not less than 7 days if not remedied). Second material noncompliance within 6 months: 7-day notice to terminate with no right to cure. Substantial violation (serious criminal-type conduct): 3-day notice to terminate with no cure. NMSA 1978, § 47-8-33(A)-(C), (I)	Without a court order, an owner may not exclude or remove a resident by fraud, changing/plugging locks, blocking entrances, interfering with utilities or services, removing belongings, disabling appliances, or making the unit inaccessible/uninhabitable. Resident may abate 100% of rent for each affected day, recover a civil penalty of 2x monthly rent, recover possession or terminate, and get damages. NMSA 1978, §§ 47-8-36, 47-8-48(C)
Oklahoma	5 days' written notice demanding payment. If rent is not paid within 5 days after the notice, the landlord may terminate the rental agreement. The demand counts as a demand for possession; no further notice to quit is required. 41 O.S. § 131	Material noncompliance: written notice stating a termination date at least 15 days after receipt; tenant has 10 days to remedy, otherwise the lease ends on the stated date. A repeat breach allows immediate termination on written notice. Imminent, irremediable harm or criminal / drug-related activity allows immediate termination by filing forcible entry and detainer. 41 O.S. § 132(B)-(D)	Self-help eviction prohibited in effect: if a landlord wrongfully removes or excludes the tenant, the tenant may recover possession or terminate, and recover the greater of twice the average monthly rent or twice actual damages. If the landlord willfully or negligently cuts essential services, tenant may terminate, buy substitute services and deduct, recover diminished rental value damages, or obtain substitute housing excused from rent. 41 O.S. § 123; 41 O.S. § 121(C)

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Texas Eviction Laws FAQ

How much notice does a landlord have to give before evicting for unpaid rent in Texas?

At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. (Tex. Prop. Code Sec. 24.005(a))

How much notice is required to evict for a lease violation in Texas?

Same 3-day written notice to vacate as for other defaults, unless the lease provides otherwise. No statutory right to cure. (Tex. Prop. Code Sec. 24.005(a))

Can a landlord change the locks or shut off utilities in Texas?

Landlord may not intentionally exclude a tenant except by judicial process, with narrow exceptions including a lock change for rent delinquency if allowed by the lease and preceded by written notice (5 days if mailed, 3 days if hand-delivered/posted), and a new key must be available 24 hours a day regardless of payment. Remedy: possession or termination, plus one month's rent + $1,000, actual damages, costs and attorney's fees. Interrupting utilities (except for repairs, construction, emergency, or authorized submetered electric cutoffs) carries the same one month's rent + $1,000 remedy. (Tex. Prop. Code Sec. 92.0081; Sec. 92.008)

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.