Eviction in Texas
State-specific overview · Property & Real Estate
Texas requires written notice of lease violation or non-payment, then allows eviction suit filing if tenant does not cure within the notice period.
How Texas treats Eviction
Texas Property Code § 92.008 and related sections govern evictions through a "forcible detainer" action, which is a specialized civil proceeding. Landlords must provide written notice (commonly 3 days for non-payment, but lease terms may vary) before filing suit. Once filed, the court must hold a hearing within 10–21 days, and if the landlord prevails, the tenant has 5 days to vacate before the constable enforces removal. Texas law permits eviction for non-payment, lease breaches, and expiration of tenancy.
The general definition of Eviction
The legal process by which a landlord removes a tenant from rental property.
Eviction is the formal legal process a landlord uses to force a tenant to leave the property. The landlord must have a valid reason—such as non-payment of rent, lease violation, or the end of the lease term—and must follow strict procedural rules, which vary by state. Typically, the landlord must give written notice (often 30 days or more), file a case in court, and obtain a judgment from a judge before the tenant can be physically removed. A tenant has the right to defend themselves in court and present their side of the story.
Read the full Eviction entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Texas.