Last updated February 8, 2023
Eviction Notices in Texas
When a tenant fails to pay rent or violates their lease terms—or if a landlord needs to end a lease that might otherwise renew—the landlord must send a legal notice to the tenant.
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An Eviction Notice is also known as a:
- Notice to Vacate
- Notice of Non-Renewal
- Move-out Notice
- Notice to Pay Rent or Quit
- Notice of Lease Violation
- Notice of Termination
How long does the eviction process take in Texas?
The time it takes to evict a tenant in Texas varies depending on the situation.
When starting an eviction lawsuit, the landlord must meet standards set by the Texas Property Code, the Federal CARES Act (if the property or its owner qualifies), and any local laws that may apply to the property in question.
So, considering all the steps that need to take place, the eviction process can take several weeks:
- Landlord sends written notice (usually at least three or 30 days)
- Landlord files for an eviction suit (hearing occurs at least 10 days later)
- Court issues a judgment (five days of inaction for parties to appeal)
- Tenant appeals (if applicable, the hearing occurs at least eight days later)
- Court issues a Writ of Possession (24 hours of notice before the constable executes the writ and removes the tenant’s items from the property)
What are the legal grounds for eviction in Texas?
A landlord may evict a tenant for many reasons, as long as it’s not to punish the tenant for exercising a right. Although the landlord doesn’t need to explain the reason, it’s typically best practice to do so.
Valid reasons for eviction in Texas include:
- Occupying the property for longer than agreed (i.e., a holdover tenant)
- Threatening or making others feel unsafe
- Violating the Lease Agreement
- Conducting illegal activity on the property
- Taking the property off the rental market
- Making the property fit for habitation
In contrast, the following are not valid reasons for eviction:
How much notice do I need to give a tenant in Texas?
When a fixed term is ending, minimum notice periods vary depending on the term length:
- In a fixed-period rental, no notice period is needed as the rental ends on the last day of the lease.
- For a weekly rental, a party must give at least seven days’ notice to terminate.
- For monthly and yearly rentals, a party must give at least one month’s notice to terminate.
For most other situations, three days is the typical requirement. Shorter notice periods are acceptable only if both parties agree to them in writing, such as in the Lease Agreement.
Does an Eviction Notice need to be notarized in Texas?
No, Texas laws do not require landlords to notarize Eviction Notices. However, there is a strict procedure for writing, serving, and filing the Eviction Notice.
How to serve an Eviction Notice in Texas
File your eviction notice at the justice court of the precinct where the property is located. You can typically find your justice of the peace listed on your county’s government website.
