A Texas eviction is a justice-court lawsuit — a forcible detainer suit — that begins with a written notice, continues with a petition filed in the precinct where the property lies, and ends with a judgment and, if the tenant does not leave, a writ of possession executed by a constable or sheriff. Property Code §24.005 sets the notice: at least three days’ written notice to vacate unless the lease sets another period, and — since the 2025 amendments — a notice to pay rent or vacate for a tenant who was not late before the month of the notice. §24.0051 lets the landlord recover unpaid rent in the same sworn petition; §24.0061 provides that a writ may not issue before the sixth day after judgment and must be preceded by a 24-hour warning posted on the door. A landlord may not skip any step by changing locks, cutting utilities or removing belongings — §§92.008 and 92.0081 make each a separate liability.
The steps
| Step | What happens | Rule |
|---|---|---|
| 1. Ground | Non-payment, holdover after the term or a lawful termination, or a lease breach the lease makes a ground | Lease; §24.005 |
| 2. Notice | Written notice to vacate (or to pay rent or vacate for a first-time-late tenant); at least three days unless the lease says otherwise; delivered as the statute and lease allow | §24.005 |
| 3. Petition | Sworn petition filed in the justice court of the precinct where the property is located; unpaid rent may be claimed with possession | §§24.004, 24.0051; Harris County JP guide |
| 4. Service and hearing | The court serves the tenant; a hearing follows under the justice-court eviction rules; the landlord brings the lease, ledger, notice and proof of delivery | Texas Rules of Civil Procedure, Part V |
| 5. Judgment | For possession and, if pleaded, rent; the court sets the rent to be paid into the registry during any appeal | §24.0053 |
| 6. Appeal | A tenant may appeal to county court; failure to pay rent into the registry during the appeal allows a writ without hearing | §§24.0053, 24.0054, 24.007 |
| 7. Writ of possession | Not before the sixth day after judgment; 24-hour warning posted; officer supervises removal of the tenant and property | §24.0061 |
| 8. Property | Property removed under the writ may go to a warehouse with a lien; the landlord’s lien for rent reaches only non-exempt property under an underlined lease clause | §24.0062; Chapter 54 |
Common failure points
- A notice that does not match the tenant’s history: a first-time-late tenant needs the pay-or-vacate form.
- A ledger the petition cannot support; the arrears workflow keeps it current.
- A repair complaint in the last six months with no documented non-retaliatory ground — §92.332 lists the grounds that are never retaliation, delinquency among them (Property Code §§92.331–92.332).
- Self-help: a lockout costs one month’s rent plus $1,000, actual damages and fees, and the tenant may recover possession.
After possession
Surrender by writ is still surrender: the 30-day deposit accounting under §92.103 runs, the itemised list under §92.104 is due, and unpaid rent and damage are deducted with the balance refunded or a balance stated. The judgment for rent is collected separately.
Frequently asked questions
How much notice before a Texas eviction?
At least three days’ written notice to vacate unless the lease sets a different period; for a tenant who was not late before that month, a notice to pay rent or vacate (Property Code §24.005).
Where is an eviction filed?
In the justice court of the precinct where the property is located; the county pages on this site name the courts for twenty Texas cities (Property Code §24.004, Harris County JP).
Can a Texas landlord change the locks instead of evicting?
No. Exclusion is allowed only by judicial process; the §92.0081 lock-change procedure for delinquent rent still requires giving the tenant the new key, and a violation costs one month’s rent plus $1,000 and fees (Property Code §92.0081).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 24 — Forcible entry and detainer (§§24.005, 24.0051, 24.0053, 24.0061) ↗
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas Property Code, Chapter 54, Subchapter C — Residential landlord’s lien (§§54.041–54.045) ↗
- Harris County Justice Courts — Filing an eviction case ↗
- Texas State Law Library — Evictions ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.