Types of Eviction Notices and Notice Periods
Texas Property Code § 92.008 requires landlords to provide written notice before beginning an eviction proceeding. The most common eviction is for non-payment of rent, which requires three days' written notice (§ 92.009). This notice must state the specific amount owed, describe the property, and clearly demand payment within three business days or the tenant will be evicted. The notice must be delivered in person, left at the property, or mailed (certified mail recommended) to the tenant's address.
For lease violations other than non-payment—such as keeping unauthorized occupants, maintaining a nuisance, or damaging the property—you must provide notice to cure (remedial notice). This typically gives the tenant a reasonable time to fix the violation, usually 3 to 5 days depending on the lease and the nature of the breach. If the violation is not cured, you can then serve a notice to vacate, which gives tenants typically 3 days to leave before you can file for eviction.
Filing an Eviction Lawsuit
If a tenant fails to pay rent within three days or fails to cure a lease violation within the allowed timeframe, you can file an eviction lawsuit (forcible detainer action) with the Justice Court in the precinct where the property is located. Texas Property Code § 92.0081 requires the sworn complaint to include the property address, description of the property, the tenant's name, the factual basis for eviction, and the relief sought. Filing fees vary by county but typically range from $50 to $150.
When filing, bring evidence: a copy of the lease, proof of service of the notice to pay or vacate, photographs of damage (if applicable), and documentation of unpaid rent or violations. The justice court clerk will provide you with a case number and hearing date, which is typically scheduled within 10 to 21 days of filing. You must serve the tenant with a copy of the lawsuit and citation at least six days before the hearing.
The Justice Court Hearing and Judgment
At the hearing, present your evidence clearly and professionally. Bring your lease, documentation of notice service, proof of non-payment or lease violations, and witnesses if possible. The tenant will have the opportunity to respond and present their own evidence. The judge will decide based on the evidence whether the eviction is legally justified. If judgment is entered in your favor, the tenant is ordered to vacate immediately or within a specified period (often 5 days in non-payment cases).
If the tenant fails to vacate by the deadline, you can request a Writ of Possession from the Justice Court clerk. This document authorizes a constable to physically remove the tenant and their belongings from the property. The constable typically gives the tenant a 24-hour notice before the removal. You must pay the constable fees (usually $100–$300) to execute the writ. At no point can you use 'self-help' eviction tactics like changing locks, removing belongings, or shutting off utilities—these are illegal and can result in significant liability.
Timeline, Costs, and Common Mistakes
The entire eviction process in Texas typically takes 20 to 40 days from the initial notice, depending on court schedules and whether the tenant appears to contest the case. Costs include filing fees ($50–$150), court costs, constable fees ($100–$300), and potentially attorney fees if you hire legal representation. Legal representation is highly recommended—even a minor procedural error can void an eviction and force you to start over. Many landlords in North Texas work with Roddy Real Estate Group or local attorneys specializing in landlord–tenant law to ensure compliance.
Avoid these critical mistakes: (1) failing to properly serve notice on the tenant; (2) filing before the notice period expires; (3) not having a valid, signed lease; (4) mixing eviction claims (mixing non-payment with lease violations can confuse the case); and (5) attempting to collect rent after filing for eviction without first dismissing the lawsuit. Texas courts take procedural errors seriously, and any misstep can result in dismissal, giving the tenant additional time to occupy the property rent-free.