Landlord guide, Texas (TX)
Texas eviction process: the landlord’s steps from notice to removal
The eviction process in Texas starts with the 3-day notice to vacate: 3 calendar days for unpaid rent (Tex. Prop. Code §§ 24.005(a), 24.0042). Then the landlord files in the justice court, where the case is called eviction suit (forcible detainer); the court hears it, and after judgment a court officer carries out the removal.
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- Notice for unpaid rent
- 3 calendar days
- Tex. Prop. Code §§ 24.005(a), 24.0042
- Court
- justice court
- Tex. Prop. Code §§ 24.0051(g), 24.005106, 24.005107(a), 24.0061(b), (d)
- Time to appeal
- 5 days
- Tex. Prop. Code §§ 24.0051(g), 24.005106, 24.005107(a), 24.0061(b), (d)
- Checked against the statutes
- 1 November 2026
Step by step
The eviction process Texas landlords follow, step by step
Notice and court names are given as they read on Texas’s own forms, and timing details are quoted from the statute.
- 1
Step 1
Serve the notice
Unpaid rent: the 3-day notice to vacate, 3 calendar days (Tex. Prop. Code §§ 24.005(a), 24.0042).
The statute gives the tenant no right to stop the eviction by paying inside the period.
Another breach of the lease: the 3-day notice to vacate, 3 calendar days (Tex. Prop. Code § 24.005(a)).
No reason, month to month: 30 days’ notice (Tex. Prop. Code § 91.001).
What the statute adds, in English
Unless a written lease sets a shorter or longer period. For suits filed from January 1, 2026, a tenant who was not late before that month must get a notice to pay rent or vacate, while a tenant with earlier late payments may get a plain notice to vacate. A period ending on a weekend or holiday runs to the next business day.
- 2
Step 2
File the eviction in court
File in the justice court, where the case is called eviction suit (forcible detainer) (Tex. Prop. Code §§ 24.0051(g), 24.005106, 24.005107(a), 24.0061(b), (d)).
- 3
Step 3
Go to the hearing
In the statute, in English
10 to 21 days after the petition is filed, and not earlier than the 4th day after the tenant is served
- 4
Step 4
Judgment and appeal
If the court rules for you, the tenant has 5 days to appeal.
- 5
Step 5
Removal by a court officer
An officer of the court carries out the removal, on the court’s order.
In the statute, in English
writ not issued before the 6th day after judgment; the officer posts a warning at least 24 hours before executing it
Texas eviction process timeline
- Notice before filing
- 3 calendar days
- Time to answer
- Not confirmed
- Hearing
- Quoted in step 3
- Time to appeal
- 5 days
- Removal
- Quoted in step 5
Only some steps have a number in the statute, so no honest total exists: after filing, the court sets the pace.
Can you change the locks yourself?
Texas’s statutes do not ban every form of self-help (Tex. Prop. Code §§ 92.008, 92.0081). This is exactly what they allow and forbid:
Utility shutoffs and removing doors, locks or belongings are banned, but a landlord may change the locks of a tenant who is behind on rent if the lease allows it, posting notice and handing over a new key at any hour on request.
The court process is the safe course in every state.
Write the Texas eviction notice
Fill in the notice for Texas in the generator, then read the rest of the state’s landlord law before you serve it.
Where Dardaris comes in
Most evictions start as one late payment. Dardaris sees it on day one.
It notices the missed rent the day it is due, sends the tenant a reminder, and if nothing comes, drafts the Texas notice with its 3 calendar days. You read it and sign; nothing goes out without you.
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Dardaris
The statutes
Texas eviction laws, with the statute behind each step
| Step | What the law says | Statute |
|---|---|---|
| Notice for unpaid rent | 3-day notice to vacate3 calendar daysNo statutory right to pay and stayUnless a written lease sets a shorter or longer period. For suits filed from January 1, 2026, a tenant who was not late before that month must get a notice to pay rent or vacate, while a tenant with earlier late payments may get a plain notice to vacate. A period ending on a weekend or holiday runs to the next business day. | Tex. Prop. Code §§ 24.005(a), 24.0042 |
| Notice for a lease breach | 3-day notice to vacate3 calendar daysThe same notice to vacate applies to any default under the lease, unless a written lease sets a different period. The statute gives no right to cure a non-rent breach. | Tex. Prop. Code § 24.005(a) |
| Notice to end a month-to-month tenancy | 30 daysOne month's notice unless the parties agreed in writing to a different period. | Tex. Prop. Code § 91.001 |
| How a notice is served | mail, including first class, registered or certified mail or a delivery servicedelivery to the inside of the premises in a conspicuous placehand delivery to any tenant aged 16 or olderemail or other electronic means if the parties agreed in writing | Tex. Prop. Code § 24.005(f-3), (f-4) |
| Court and action | justice courteviction suit (forcible detainer) | Tex. Prop. Code §§ 24.0051(g), 24.005106, 24.005107(a), 24.0061(b), (d) |
| Time to answer | Not confirmed from the statute | Not confirmed from the statute |
| Hearing | 10 to 21 days after the petition is filed, and not earlier than the 4th day after the tenant is served | Tex. Prop. Code §§ 24.0051(g), 24.005106, 24.005107(a), 24.0061(b), (d) |
| Time to appeal | 5 days | Tex. Prop. Code §§ 24.0051(g), 24.005106, 24.005107(a), 24.0061(b), (d) |
| Removal | writ not issued before the 6th day after judgment; the officer posts a warning at least 24 hours before executing it | Tex. Prop. Code §§ 24.0051(g), 24.005106, 24.005107(a), 24.0061(b), (d) |
| Self-help (lockouts, utilities) | Not banned outrightUtility shutoffs and removing doors, locks or belongings are banned, but a landlord may change the locks of a tenant who is behind on rent if the lease allows it, posting notice and handing over a new key at any hour on request. | Tex. Prop. Code §§ 92.008, 92.0081 |
Read against the official texts below on 1 November 2026. The month-to-month period was checked on 29 September 2026.
- https://tcss.legis.texas.gov/resources/PR/htm/PR.24.htm
- https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm
- https://tcss.legis.texas.gov/resources/PR/htm/PR.91.htm
- https://tcss.legis.texas.gov/resources/LG/htm/LG.214.htm
- https://capitol.texas.gov/tlodocs/89R/billtext/pdf/SB00038F.pdf
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
Questions landlords ask about eviction in Texas
How long does an eviction take in Texas?
The notice for unpaid rent runs 3 calendar days before you can file. After that the court sets the pace, so there is no honest total: the hearing, the judgment and the removal follow the court’s calendar and the timing rules quoted on this page.
What notice does a Texas landlord serve for unpaid rent?
The 3-day notice to vacate, which gives the tenant 3 calendar days (Tex. Prop. Code §§ 24.005(a), 24.0042). The statute gives the tenant no right to stop the eviction by paying inside the period.
Can a landlord change the locks in Texas?
Texas’s statutes do not ban every form of self-help (Tex. Prop. Code §§ 92.008, 92.0081). Read the exact wording quoted on this page before you act; the court process is the safe course.
Where is an eviction filed in Texas?
In the justice court, where the case is called eviction suit (forcible detainer) (Tex. Prop. Code §§ 24.0051(g), 24.005106, 24.005107(a), 24.0061(b), (d)).
Eviction process in Texas without a lease: which notice applies?
A tenant with no written lease who pays monthly is usually a month-to-month tenant, and Texas asks for 30 days’ notice to end that tenancy (Tex. Prop. Code § 91.001). For unpaid rent, the notice in step 1 applies all the same.
Can the tenant appeal an eviction in Texas?
Yes. The tenant has 5 days after the judgment to appeal.
Does the Tarrant County eviction process differ from the rest of Texas?
The statutes on this page apply across Texas, Tarrant County included. The local court that hears evictions there, and any city or county rule added on top, can change the paperwork and the pace, so check with that court before you file.
The eviction process in other states
- Rhode Island: 5 calendar days for unpaid rent
- South Carolina: 5 court days for unpaid rent
- South Dakota: no notice before filing
- Tennessee: 14 calendar days for unpaid rent
- Utah: 3 business days for unpaid rent
- Vermont: 14 calendar days for unpaid rent
- Virginia: 14 calendar days for unpaid rent
- Washington State: 14 calendar days for unpaid rent
General information, not legal adviceEviction law changes, and a court can read a statute differently from this summary. Check the current text and your local court’s rules, or ask a lawyer licensed in the state, before you serve a notice or file.
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