How to Evict a Tenant in Texas

In Texas, you can evict someone for breaking the terms of the rental agreement or not paying rent. You cannot evict anyone as a form of retaliation or for a reason that could be considered discriminatory.

1. Serve written notice

In Texas, you must serve written notice to begin the eviction process. Regardless of the reason for the eviction, you must give three days' written notice. The notice must let the tenant know that they have three days to leave before the eviction process will continue. We’ve created a template for this kind of notice that you can customize and use here.

2. File papers with the court

If the notice period comes to a close and the tenant has not left, you must go to the county's Texas Justice Court and file a complaint. The tenant will receive the complaint from the court with information about the time and date of the hearing. The tenant then has 14 days to file an answer detailing the defenses they will use in the hearing.

3. Go to court

If the tenant wants to challenge the eviction and filed an answer to your complaint, you and the tenant will appear in front of a judge. At the trial, the burden of proof is on you to show that the tenant violated the terms of the lease and that you correctly served notice, so be sure to follow these instructions carefully while documenting everything. If the judge rules in your favor, the tenant may be responsible for paying you unpaid rent, attorney’s fees and process fees.

If the judge rules in your favor, a court order will be issued instructing a court officer or sheriff to remove the tenant from the premises.

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