Texas · Eviction

Facing Eviction in Texas: What Can I Do?

This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Texas.

This page explains how eviction works in Texas and what you can do at each step. It covers the notice your landlord must give and the case in justice court (the local court for small cases). It also covers your defenses, the appeal, and the writ of possession (the order to remove you). Texas changed its eviction law on January 1, 2026. This page describes the current rules.

The notice

  1. In Texas, only a court can evict you. Your landlord must file a court case called a forcible detainer (an eviction case) in the justice court for the precinct where your home is. A judge must rule against you first. Then a constable or sheriff carries out a writ of possession (the court order that lets them remove you). No one can remove you before that.

    Sources:
    1. What is an eviction?, TexasLawHelp.org. A nonprofit group.
    2. Tex. Prop. Code § 24.004(a), Texas Legislature. Law.

  2. Before filing, your landlord must give you a written notice to vacate (a letter saying you must move out). The notice must give you at least 3 days, unless your lease sets a shorter or longer period. Many Texas leases set only 1 day, so read your lease. The date in the notice is not the day you must leave. It is only the earliest day your landlord can file the case. Since January 1, 2026, your landlord may deliver the notice 4 ways. These are mail, leaving it inside your home, or handing it to anyone there who is 16 or older. Email counts too if your written lease allows it.

    Sources:
    1. Notice Deadlines, TexasLawHelp.org. A nonprofit group.
    2. Tex. Prop. Code § 24.005 (amendment history), Texas Legislature. Law.

  3. Your landlord may not evict you to punish you for asking for repairs, complaining to a code or housing agency, or joining a tenant group. This protection lasts 6 months after you act. Retaliation is a defense in an eviction case, but not when the case is for unpaid rent. If a court finds retaliation, the landlord owes you 1 month's rent plus $500, plus other losses. With $1,000 rent, that penalty is $1,500. You get this money only if you win your case and your landlord pays.

    Sources:
    1. Our editorial rules.
    2. Can my landlord refuse to renew my lease?, TexasLawHelp.org. A nonprofit group.
    3. Tex. Prop. Code § 92.333, as summarized, Texas State Law Library. A government guide.

Paying to stop the case

  1. Sometimes your landlord must give you a notice to pay rent or vacate (move out) instead. This applies when the case is only about unpaid rent and this is the first month you have been late this lease term. You can pay the full rent you owe, plus any late fee your lease allows, by the deadline in the notice and stay. This right applies to cases filed on or after January 1, 2026. If you were already late earlier in the lease term, your landlord may skip the pay option.

    Sources:
    1. Do I have the right to make up late rent before getting evicted?, TexasLawHelp.org. A nonprofit group.
    2. Tex. Prop. Code § 24.005(a), Texas Legislature. Law.

Going to court

  1. After the notice period ends, your landlord files a sworn petition. A constable serves you with a citation (the court papers) that states the trial date. The trial must be between 10 and 21 days after the petition is filed, and at least 4 days after you are served. The court cannot delay the trial more than 7 days unless you and your landlord agree in writing.

    Source:
    1. Tex. Prop. Code § 24.0051(g), Texas Legislature. Law.

  2. You do not have to file a written answer in justice court, but it helps. An answer lets you list your reasons, and you will need one anyway if you appeal. A general denial (saying you do not agree with what the landlord says) is enough. If you want a jury, ask for one in writing before the trial date. You may represent yourself.

    Sources:
    1. Eviction Answer Form, TexasLawHelp.org. A nonprofit group.
    2. Tex. Prop. Code § 24.011(a), Texas Legislature. Law.
    3. Tex. R. Civ. P. 510.15(c), Supreme Court of Texas. An agency rule.

  3. Watch for a motion for summary disposition (a request to evict you without a trial). It is meant for squatters (people who move into a home without any legal right), not tenants with a lease. If you get one, you have only 4 days from the day you are served to file a written response. Include your facts and documents, such as your lease. If you miss it, the court can rule for the landlord with no hearing.

    Sources:
    1. Motion for Summary Disposition, TexasLawHelp.org. A nonprofit group.
    2. Tex. Prop. Code § 24.005106(a), Texas Legislature. Law.

  4. Go to the trial. If you do not show up, the landlord wins by default. The court must mail you a copy of the default judgment (the court's decision against you) within 48 hours. If you missed the trial for a very good reason, you can ask for a new trial in justice court. File a motion to set aside the default judgment within 5 days of the day the court sends the judgment.

    Sources:
    1. I lost my eviction case because I missed the hearing. Can I still appeal?, TexasLawHelp.org. A nonprofit group.
    2. Tex. Prop. Code § 24.0061(c), Texas Legislature. Law.

After the court decides

  1. If you lose, you can appeal to county court. File an appeal bond, a cash deposit, or a statement that you cannot pay court costs, with the justice court. You have 5 days after the judge signs the judgment (the court's final decision in your case). The 5 days include weekends. You must also sign a statement, under oath, that you believe you have a real defense and are not appealing just to delay. The county court must hold a trial de novo (a brand-new trial, as if the first one never happened). This must happen within 21 days after it gets the case.

    Sources:
    1. Important deadlines, TexasLawHelp.org. A nonprofit group.
    2. Tex. Prop. Code § 24.005107(c), Texas Legislature. Law.

  2. To stay in your home during the appeal, you must pay rent into the court registry (an account the court holds). The judgment (the court's final decision in your case) states the amount. Pay the first rental period within 5 days after you file the appeal, then pay on or before the start of each rental period. If your rent is $1,200 a month, you pay $1,200 to the court each month. If you miss a payment, the landlord can get a writ of possession (the order to remove you) with no hearing.

    Source:
    1. Tex. Prop. Code § 24.0054(a), Texas Legislature. Law.

  3. If you do not appeal, the landlord can ask for a writ of possession (an order to remove you). The earliest day is the 6th day after the judgment (the court's final decision in your case). A constable or sheriff must post a written warning on your front door at least 24 hours before removing you. When this happens, the officer can remove you and put your belongings outside. This cannot happen while it is raining, sleeting (falling as icy rain), or snowing. The landlord does not have to store your things.

    Sources:
    1. What happens if I ignore the lawsuit?, TexasLawHelp.org. A nonprofit group.
    2. Tex. Prop. Code § 24.0061(d), Texas Legislature. Law.

Published by Nazanin, September 24, 2026. Sources checked September 12, 2026. Is something on this page wrong or out of date? Tell us.