Eviction Laws in Texas

Non-payment of rent eviction in Texas

When a tenant falls behind on rent in Texas, the landlord must first serve a 3-day pay-or-quit notice. This gives the tenant 3 days to either pay the full amount owed or vacate. If the tenant does neither, the landlord can file an eviction lawsuit — called an unlawful detainer or summary possession action — in Texas court.

A court order is required before any lockout. The landlord cannot change the locks, shut off utilities, or remove the tenant's belongings before winning a judgment.

Lease violation eviction in Texas

For non-payment lease violations — unauthorized pets, excess occupants, noise complaints, property damage — the landlord must give 3 days notice. Texas provides no statutory cure period for lease violations — the tenant may be required to vacate without the opportunity to fix the issue, depending on the nature of the violation.

Terminating month-to-month tenancy in Texas

To end a month-to-month rental agreement without cause, the landlord must give 30 days written notice. The tenant must give the same 30-day notice to end the tenancy.

Important Texas eviction details

Texas: 3-day notice to vacate (not just pay) for non-payment. No statutory cure period for lease violations. Month-to-month terminated with 1 month's notice. State law preempts local rent control. Texas has one of the faster eviction processes in the country.

What counts as an illegal eviction in Texas?

In Texas, a landlord who attempts to evict a tenant without following the legal process commits an illegal (self-help) eviction. This includes:

• Changing the locks without a court order
• Removing doors, windows, or the tenant's belongings
• Shutting off utilities (electricity, water, heat)
• Harassment designed to pressure the tenant to leave

Self-help evictions are prohibited in all 50 states and DC. Tenants who experience an illegal lockout can typically seek emergency relief from a court and may be entitled to damages.