Facing Eviction in Texas: What Can I Do?
This page explains how eviction works in Texas and what you can do at each step. It covers the notice your landlord must give, the court case in justice court, your defenses, the appeal, and the writ of possession. Texas changed its eviction law on January 1, 2026. This page describes the current rules.
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In Texas, only a court can evict you. Your landlord must file an eviction case (called a forcible detainer) 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 court order called a writ of possession. No one can remove you before that.
✓ Sources checked September 12, 2026
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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 checked September 12, 2026
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Sometimes your landlord must give you a notice to pay rent or vacate 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.
TexasLawHelp.org Do I have the right to make up late rent before getting evicted? Texas Legislature Tex. Prop. Code § 24.005(a)✓ Sources checked September 12, 2026
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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.
✓ Sources checked September 15, 2026
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You do not have to file a written answer in justice court, but it helps. An answer lets you list your defenses, and you will need one anyway if you appeal. A general denial (saying you disagree with everything the landlord claims) is enough. If you want a jury, file a written jury demand before the trial date. You may represent yourself.
TexasLawHelp.org Eviction Answer Form Texas Legislature Tex. Prop. Code § 24.011(a) Supreme Court of Texas Tex. R. Civ. P. 510.15(c)✓ Sources checked September 12, 2026
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Watch for a motion for summary disposition. It asks the court to evict you without a trial and is meant for squatters, 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 checked September 14, 2026
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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 took the action. 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.
TexasLawHelp.org Can my landlord refuse to renew my lease? Texas State Law Library Tex. Prop. Code § 92.333, as summarized✓ Sources checked September 14, 2026
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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.
TexasLawHelp.org I lost my eviction case because I missed the hearing. Can I still appeal? Texas Legislature Tex. Prop. Code § 24.0061(c)✓ Sources checked September 12, 2026
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If you lose, you can appeal to county court. File an appeal bond, a cash deposit, or a statement of inability to afford court costs with the justice court. The deadline is 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 sworn statement that you believe you have a real defense and are not appealing just to delay. The county court holds a new trial (called trial de novo) within 21 days after it receives the case.
✓ Sources checked September 12, 2026
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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.
✓ Sources checked September 12, 2026
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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 the writ is carried out, the officer can remove you and put your belongings outside, but not while it is raining, sleeting, or snowing. The landlord does not have to store your things.
TexasLawHelp.org What happens if I ignore the lawsuit? Texas Legislature Tex. Prop. Code § 24.0061(d)✓ Sources checked September 12, 2026
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Your landlord may not lock you out, remove your doors or appliances, or shut off utilities (water, electric, gas) to force you out. The only lockout allowed is a lock change for unpaid rent with strict written notice. Even then, the landlord must give you a new key on request, whether or not you pay. If your landlord breaks these rules, you can ask the justice court for a writ of re-entry to get back in. You can also sue for 1 month's rent plus $1,000 and your other losses. With $1,000 rent, that is $2,000.
Texas Legislature Tex. Prop. Code § 92.008(b) TexasLawHelp.org My landlord won’t give me a key or let me into my property. What can I do?✓ Sources checked September 12, 2026
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An eviction case is a public court record in Texas, even if you win or the landlord drops it. No Texas law lets you seal or erase it. Tenant screening companies report these cases to future landlords. If a landlord rejects you because of a screening report, they must tell you which company made it. You can dispute mistakes with that company.
✓ Sources checked September 14, 2026
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