The Texas Eviction Process: Notice to Vacate, Timeline & Tenant Rights

Step 1: The Notice to Vacate (§ 24.005)

An eviction in Texas cannot begin with a phone call or a court filing. Under Texas Property Code § 24.005, the landlord must first issue a formal written Notice to Vacate.

• Default 3-Day Rule: The law requires at least 3 days' written notice before filing an eviction suit in court.
• Lease Exceptions: Check your written lease contract carefully. Many standard residential lease forms (such as the Texas Apartment Association lease) contractually shorten this notice period to 24 hours (1 day).

Crucial Understanding: A Notice to Vacate is not an eviction order. It is merely a legal warning demand. You are not legally required to move out on day 3, and your landlord cannot put your furniture on the curb when the notice expires.

Step 2: Lawsuit in Justice Court & Constable Citation

If you do not vacate when the notice period ends, the landlord must file an eviction petition (Forcible Entry and Detainer) in the Justice of the Peace (JP) Court precinct where the property is located.

• The Citation: A sheriff, constable, or authorized process server will deliver an official court citation and copy of the petition.
• The 6-Day Service Rule: Under Texas Rules of Civil Procedure (TRCP) Rule 510.4, the citation must be served on you at least 6 full days before the date of the trial.
• Court Date: The citation will specify the exact date, time, and courtroom where your trial will occur (typically 10 to 21 days after the landlord files).

Step 3: The Eviction Trial Before the Judge

Never skip your eviction court hearing! If you fail to appear in JP court, the judge will automatically issue a default judgment in favor of the landlord.

At the hearing, both sides present testimony and documentary evidence:

• Landlord's Burden: The landlord must prove you breached the lease, prove they gave proper statutory notice to vacate, and present lease agreements and accounting ledgers.
• Tenant Defenses: You can present defenses such as proof of payment, improper notice to vacate, retaliation for reporting code violations (§ 92.331), or defective service of citation.

Step 4: The 5-Day Appeal Deadline (TRCP 510.9)

If the Justice of the Peace rules in favor of the landlord, the judgment does not take effect immediately. Under Texas Rules of Civil Procedure Rule 510.9:

You have exactly 5 calendar days from the date the judgment is signed to file an appeal with the County Court at Law.

If the 5th day falls on a Saturday, Sunday, or legal holiday, the deadline extends to 5:00 PM on the next business day. You can appeal using:

1. An Appeal Bond with approved sureties; OR
2. A Cash Deposit set by the Justice of the Peace; OR
3. A Statement of Inability to Afford Payment of Court Costs (In Forma Pauperis pauper's affidavit) if you are low-income.

Filing a timely appeal completely stays the eviction and transfers your case to a County Court at Law for a brand-new trial (trial de novo).

Step 5: The Writ of Possession (§ 24.0061)

If you lose the hearing and do not file an appeal within the 5-day window, the landlord can pay for a Writ of Possession under Texas Property Code § 24.0061.

• The writ cannot be issued until the 6th day after the judgment.
• A constable or sheriff executes the writ by posting a bright warning notice on the exterior of your front door stating that the writ will be executed at a specific date and time (at least 24 hours later).
• When the officer returns, they supervise the physical removal of you and your personal property. The landlord's crew places belongings outside; neither the landlord nor the officer is liable for damages to property removed under a valid writ (§ 24.0061(g)).

Illegal Lockouts & Utility Shut-offs (§ 92.008 & § 92.0081)

"Self-help" evictions are strictly prohibited in Texas:

• Utility Cut-Offs (§ 92.008): A landlord may not interrupt or shut off electrical, water, wastewater, or gas services, even if rent is months overdue, unless for bona fide repairs or emergencies.
• Lockouts (§ 92.0081): A landlord cannot change locks to exclude a tenant unless they follow a strict statutory protocol (giving advance written warning, specifying where a new key can be picked up 24 hours a day, and providing the new key immediately upon request regardless of whether rent is paid).

If your landlord changes your locks or cuts utilities unlawfully, you can file for an immediate Writ of Re-Entry or Writ of Restoration in JP court and sue for a statutory penalty of one month's rent plus $1,000, actual damages, and attorney's fees.