How to Evict a Tenant in Texas (2026)
The legal steps for landlords in Texas — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Texas a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| 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. Source: Tex. Prop. Code Sec. 24.005(a) |
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| Lease violation | 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) |
| Ending a month-to-month tenancy (no fault) | Either landlord or tenant may terminate by notice; for a monthly rent period the tenancy ends on the later of the date in the notice or one month after notice is given. Parties may agree otherwise in a signed instrument. Source: Tex. Prop. Code Sec. 91.001 |
Local rent-control or just-cause rules can limit evictions: No statewide rent control. Cities may adopt rent control only if the governing body finds a housing emergency due to a disaster and the governor approves the ordinance.
Step 2: Write and deliver the notice correctly
| What the notice must say | Written notice to vacate at least 3 days before filing, unless the written lease sets a shorter or longer period. If the tenant was not late before the month of the notice, it must be a notice to pay rent or vacate; otherwise either a pay-or-vacate notice or a notice to vacate may be used. Delivery by at least one of: mail (first-class, registered, certified, or delivery service); delivery to the inside of the premises in a conspicuous place; hand delivery to any tenant 16 or older; or e-mail/electronic means if agreed in writing. The delivery rules do not apply if the tenant actually receives the notice. Where federal law requires longer notice (e.g., CARES Act), filing is not delayed but the writ cannot be served until the federal period has run. No statutory required wording beyond the pay-or-vacate form. |
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| How it must be delivered | Since Jan. 1, 2026, a notice to vacate (or notice to pay rent or vacate) must be delivered by at least one of: (1) mail, including first-class, registered or certified mail or a delivery service; (2) delivery to the inside of the premises in a conspicuous place; (3) hand delivery to any tenant 16 or older; or (4) electronic communication, including e-mail, if the parties have agreed in writing. These method rules do not apply if the tenant actually receives the notice. Separately, security-deposit notices may be sent by e-mail if the parties have previously communicated by e-mail. |
Notice forms:
- Texas notice to pay rent or quit — requirements and free draft
- Texas notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Texas 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)
Court timing: Trial 10-21 days after the petition is filed (no earlier than 4 days after service; postponement no more than 7 days without written agreement). Under the rewritten Rule 510 (eff. Jan. 1, 2026), a written answer is not required; the tenant must appear at trial.
How long it takes to evict a tenant in Texas
For unpaid rent, the notice period is 3 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Texas
Court filing and service fees are set locally. Verified fees in the largest Texas counties:
| County | Filing and service fees |
|---|---|
| Harris County (Houston) | $54 court costs ($33 local + $21 state consolidated civil fee) + $85 constable service per defendant = $139 to file an eviction (original petition), all 16 Harris County justice courts. Writ of possession: $5 court cost + $155 constable service. |
| Dallas County (Dallas) | $134 for one defendant ($54 filing + $80 constable service); $80 per additional defendant; writ of possession $405 ($5 + $400 service) |
| Tarrant County (Fort Worth) | $54 filing + $90 constable service per person served ($144 for one defendant); writ of possession filing $5 plus service |
| Bexar County (San Antonio) | $54 filing + $117 constable service per person served; writ of possession $5 filing + $282 service |
| Travis County (Austin) | $144 for filing and service on one person ($54 filing + $90 service); $90 each additional person; writ of possession $205 |
| Collin County (Plano/McKinney) | $54 filing ($33 Local Consolidated Civil Fee + $21 State Consolidated Civil Fee, justice court) + $75 constable service of the eviction citation = $129 per defendant served. Writ of possession service: $175. |
| Denton County (Denton) | $54 filing + $80 constable service per defendant ($134 for one defendant); writ of possession $5 + $170 service ($175) |
| El Paso County (El Paso) | $154 for one defendant (includes constable service); $100 each additional person; writ of possession $255 ($5 + $250 constable service) |
| Hidalgo County (McAllen/Edinburg) | $54 filing + $100 service per person (defendant) = $154 for an eviction; writ of possession $230 ($5 + $225 service); jury fee $22 (JP Precinct 2, Place 1 schedule). |
| Williamson County (Round Rock/Georgetown) | $54 filing + $80 constable service per defendant = $134 for an eviction (JP Precinct 2 instructions); writ of possession service $200 (constables, effective January 1, 2026). |
| Montgomery County (Conroe/The Woodlands) | $54 filing + $125 service per defendant ($179 one defendant; $304 two); writ of possession $5 + $150 service ($155) |
| Fort Bend County (Sugar Land/Richmond) | $134 court costs due at filing (JP 1-1); constable citation service $80; writ of possession service $180 |
| Bell County (Killeen/Temple) | $154 for the first defendant ($54 filing + $100 service); $25 each additional defendant on the same cause; writ of possession $180 ($5 + $175 service for first 2 hours) |
| Nueces County (Corpus Christi) | $227 for an eviction ($54 filing + $173 service per person served); writ of possession $265 ($5 + $260 service) |
| Brazos County (Bryan/College Station) | $179 for an eviction (forcible detainer): $54 filing + $125 service; writ of possession $185 ($5 + $180 service, plus $65 per hour per deputy after 2 hours) |
| Cameron County (Brownsville/Harlingen) | $146 for one defendant ($56 filing + $90 service); $90 each additional defendant; writ of possession $7 + $200 constable service |
| Galveston County (League City/Galveston) | $164 per defendant ($54 filing + $110 forcible detainer service); writ of possession service $225 |
| McLennan County (Waco) | $144 for filing and serving one defendant; $90 each additional defendant; writ of possession $180 |
| Hays County (San Marcos/Kyle) | $129 per defendant ($54 filing + $75 constable service); writ of possession service $250 |
| Jefferson County (Beaumont/Port Arthur) | $154 for one defendant ($54 filing + $100 service); writ of possession service $200 up to 2 hours, $75/hour after |
| Brazoria County (Pearland/Angleton) | $134 per defendant ($54 filing + $80 constable citation service); writ of possession service $180 |
| Webb County (Laredo) | $179 for an eviction ($54 filing + $125 constable/sheriff service for one defendant); writ of possession $205 ($5 + $200 service) |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Either landlord or tenant may terminate by notice; for a monthly rent period the tenancy ends on the later of the date in the notice or one month after notice is given. Parties may agree otherwise in a signed instrument. Source: Tex. Prop. Code Sec. 91.001 |
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| Someone who was never a tenant (squatter / unauthorized occupant) | Since Sept. 1, 2025 (SB 1333), the owner of residential property (or agent) may file a sworn complaint in a statutory form with the county sheriff or constable asking for immediate removal of a person who unlawfully entered and is occupying a dwelling without consent, if the property was not open to the public when the person entered, there is no pending litigation between owner and occupant, the owner has told the person to leave, and the person is not a current or former tenant or an immediate family member. After verifying the complainant is the record owner, the officer serves a notice to immediately vacate (hand delivery or posting on the front door) and puts the owner in possession; the officer may stand by (hourly fee) while locks are changed and belongings are placed at the property line. Fee equals the writ-of-possession fee. A person wrongfully removed may sue for possession, actual damages, exemplary damages of three times fair market rent, costs and attorney's fees. Presenting a fake lease or deed to stay on property is a Class A misdemeanor; listing or renting property without authority is a first-degree felony. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | 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. |
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| Retaliation | Landlord may not, within six months after a tenant in good faith exercises a legal right, gives a repair notice, complains to a code-enforcement or other agency, or participates in a tenant organization, file an eviction (except on statutory grounds), deprive use of the premises, decrease services, raise rent, terminate the lease, or engage in bad-faith interference. Remedy: one month's rent + $500, actual damages, court costs and attorney's fees. |
| Accepting rent after the notice | No statute — the Property Code eviction chapter (ch. 24) and residential tenancy chapter (ch. 92) do not say whether accepting full or partial rent after a notice to vacate waives the eviction. The question is governed by the lease (many leases contain a non-waiver clause) and by common-law waiver principles applied by the courts. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Texas eviction FAQ for landlords
How much notice does a landlord have to give to evict 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.
How much does it cost to evict a tenant in Texas?
Court fees are set locally — for example, Harris County (Houston): $54 court costs ($33 local + $21 state consolidated civil fee) + $85 constable service per defendant = $139 to file an eviction (original petition), all 16 Harris County justice courts. Writ of possession: $5 court cost + $155 constable service.
Can a landlord change the locks to evict a tenant 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.
How do you evict a tenant without a lease in Texas?
Either landlord or tenant may terminate by notice; for a monthly rent period the tenancy ends on the later of the date in the notice or one month after notice is given. Parties may agree otherwise in a signed instrument.
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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.