Eviction & Notice to Quit in Austin

1. Your landlord cannot force you out on their own. They must first win an eviction lawsuit in Justice Court.

   TexasLawHelp.org What is an eviction?

2. Before suing, the landlord must give you a written notice to vacate. The date on the notice is not the day you must be out. Texas law sets the notice time at 3 days. Your lease can set a shorter or longer time.

   TexasLawHelp.org Notice Deadlines Texas Property Code § 24.005(a)

3. If the landlord files, an officer brings you the court papers. The papers show the date, time, and place of your hearing. Most hearings happen 10 to 21 days after the landlord files.

   TexasLawHelp.org How long does an eviction take?

4. A new rule started in 2026. If this is your first missed month this lease term, the landlord must let you catch up. They must send you a Notice to Pay Rent or Vacate. Pay everything you owe by the deadline and the landlord cannot file the eviction.

   TexasLawHelp.org What is a Notice to Pay Rent or Vacate?

5. Payback evictions are illegal. Your landlord cannot evict you within 6 months of you asking for repairs or reporting code problems. This defense does not cover unpaid rent cases.

   TexasLawHelp.org Can my landlord refuse to renew my lease? Texas Property Code § 92.331(b)

6. Go to your hearing no matter what so you are not automatically found guilty. If you lose, you have 5 days to appeal to County Court. The 5 days include weekends and holidays. You can stay home during the appeal if you pay rent to the court. Pay the first amount to the Justice Court within 5 days of filing your appeal. If you cannot afford the appeal costs, ask the court to let you skip the fees. The court form for this is called a "fee waiver".

   TexasLawHelp.org Important deadlines

7. If you do not appeal, the landlord can ask for a writ of possession. A writ of possession is the court order that lets a constable remove you. The court cannot issue it before the 6th day after the judgment. The constable must post a warning on your door at least 24 hours before removing you.

   Texas Property Code § 24.0061(d)(1)

8. BASTA helps Austin renters facing eviction get guidance and legal counsel. The group also helps neighbors in the same building act together. Call 512.522.9984.

   Call the Austin Tenants Council at 512-474-1961 for free counseling about your eviction notice and your options.

   Texas RioGrande Legal Aid gives free legal help to low-income renters in Austin, including eviction cases. Call 1-888-988-9996.

   Austin Tenants Council Telephone Counseling

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