Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 3 Days | No |
| End of Lease or No Lease | 1 Month | No |
| Lease Violation | 3 Days | No |
In Texas, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 3 days’ notice to vacate the premises. [1] If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Hawaii the day immediately after its due date. Hawaii landlords are required to give tenants a rent payment grace period of 2 days. [2]
If rent is due on January 1st, it will be considered late starting on January 3rd, unless the lease specifically states there is a longer grace period.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
In Texas, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”) . To do so, they must first terminate the tenancy by giving a proper 1 months’ notice to move out. [3]
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
In Texas, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Texas landlord-tenant law. To do so, landlords must first provide a 3 days’ to vacate. [4] Landlords are not required to allow the tenant to fix the issue and they must move out.
Lease violation examples include:
In Texas, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant an amount equal to 1 month’s rent plus $1,000, actual damages sustained, expenses incurred and civil penalties. [5] An additional civil penalty of 1 month’s rent can be included as a remedy if the landlord prevents a tenant from entering the dwelling unit. [5]
A landlord is not allowed to forcibly remove a tenant by:
A tenant can only be legally removed with a court order obtained through the formal eviction process.
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include: [6]
In Texas, all evictions follow the same process:
A landlord can begin the eviction process in Texas by serving the tenant with written notice. Texas landlords may deliver an eviction notice using any of these methods: [15] [16]
When posting notices on the exterior of the premises, the notice must be placed in a sealed envelope with the receiving party’s name and address written on it. In addition, the party posting the notice must write “Important Document,” in all capital letters, on the envelope affixed to the premises. All notices must be mailed from a post office in the same county as the rental unit.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
If a tenant is late on paying rent (full or partial) in Texas, the landlord can serve them a 3-Day Notice To Quit. This notice gives the tenant 3 days to vacate the premises. The tenant does not have the option to fix the issue and must move out.
For a tenant with no lease or a month-to-month lease in Texas, the landlord must serve them a 1-Month Notice To Quit to end the tenancy. This eviction notice allows the tenant 1 month to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Verbal Lease | 3 Days |
| Week-to-Week | 7 Days |
| Month-to-Month | 1 Month |
In Texas, if a tenant commits a violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 3-Day Notice To Quit. This notice gives the tenant 3 days to vacate the premises. The tenant does not have the option to fix the issue and must move out.
If the notice period ends and the tenant remains on the property, the next step in the eviction process requires the landlord to file a petition with the appropriate Justice of the Peace Court in Texas. In most counties, this costs around $46-$100 in filing fees.
The petition should include the following information such as contact information and the reason for the eviction. Once the petition is filed, the court will create a citation, which will be served to the tenant by the sheriff or constable at least 6 days prior to the eviction hearing. [8]
The citation and complaint must be served on the tenant through one of the following methods: [8] [9]
The citation and complaint must be filed at least 6 days before the hearing.
Once the process server (i.e., a sheriff) has delivered the tenant with a copy of the complaint, the tenant may choose to respond to the petition. Tenants may file a written answer with the court within 14 days of receiving the complaint. This is not a requirement, and the tenant will still be able to respond to the eviction at the hearing even without a written answer.
The eviction hearing will be held 10-21 days [10] after the petition/complaint is filed with the court. [10] A jury may be requested 3 days before the trial and the trial fee is $22.
Either party may request a postponement of the trial not to exceed 7 days. [11]
If the tenant fails to appear at the hearing, a default judgment in favor of the landlord may be issued. If the tenant disagrees with the petition, the landlord and tenant may choose to settle the dispute outside of court. If the tenant and landlord both come to an agreement, the landlord can file a nonsuit, which is a dismissal of the eviction lawsuit. If they cannot agree, the hearing will move forward.
The hearing must be held between 10 and 21 days after the complaint is filed with the court.
The Writ of Possession is the tenant’s final notice to leave and allows them the opportunity to remove their belongings before the sheriff returns to the property. The filing fee for a Writ of Possession is generally $130 to $175 and shall be issued no earlier than 6 days after the landlord wins the eviction suit. [13]
The Writ of Possession will not be issued until 6 days after the judgment in the landlord’s favor, or seven days after the tenant receives notice of the request for immediate possession.
A tenant has at least 24 hours after the writ of possession is posted on the property to vacate. [14] If the notice period has ended sheriff or constable will return to forcibly remove the tenant from the premises.
The sheriff or constable may choose to return 36 hours later or even a few days later, but they must wait at least 24 hours after the writ was posted to remove the tenant.
The tenant has at least 24 hours once the Writ of Possession has been posted on the property to move out of the rental unit.
Filing fees may vary in each county, please check with your local court to verify the fee. Most Texas court fees are as follows:
| Service | Filing Fee |
| Filing Fee for Eviction | $46-$100 |
| Trial Fee | $22 |
| Tenant’s Appeal | $54 |
| Writ of Possession | $130-$175 |
In Texas, an eviction can be completed in 1 to 3 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Texas eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-30 Calendar Days |
| Court Issuing Summons | 6 Business Days |
| Court Ruling | 10-21 Business Days |
| Court Serving Writ of Possession | 6 Business Days |
| Final Notice Period | 24 Hours |
The cost of an eviction in Texas for all filing, court, and service fees can vary heavily based on service and execution fees. For cases filed in Justice of the Peace Court, the average cost is $289.
| Fee | Justice of the Peace |
| Initial Court Filing | $54 |
| Citation Service | ~$80+ |
| Writ of Possession Issuance | $5 |
| Writ of Restitution Service & Execution | ~$150+ |
| Jury Trial (Optional) | $22 |
NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT. (a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days’ written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001.
(a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant’s rent unless:…(3) any portion of the tenant’s rent has remained unpaid two full days after the date the rent was originally due.
(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:(1) the day given in the notice for termination; or (2) one month after the day on which the notice is given.
(a)…a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days’ written notice to vacate the premises…(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days’ written notice to vacate…
(2) recover from the landlord a civil penalty of one month’s rent plus $1,000, actual damages, court costs, and reasonable attorney’s fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord…(i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month’s rent.
(a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant:
(1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute;
(2) gives a landlord a notice to repair or exercise a remedy under this chapter;
(3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant:
(A) claims a building or housing code violation or utility problem; and
(B) believes in good faith that the complaint is valid and that the violation or problem occurred; or
(4) establishes, attempts to establish, or participates in a tenant organization.
…a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month’s rent plus $500, actual damages, court costs, and reasonable attorney’s fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. If the tenant’s rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500.
(b)(2) The constable, sheriff, or other person authorized by written court order receiving the citation must execute it by delivering a copy…to the defendant, or by leaving a copy with a copy of the petition attached with some person, other than the plaintiff, over the age of 16 years, at the defendant’s usual place of residence, at least 6 days before the day set for trial.
(3)If the judge authorizes…(A) deliver a copy…by placing it through a door mail chute or slipping it under the front door; if neither method is possible, the officer may securely affix the citation to the front door or main entry to the premises; and (B) deposit in the mail a copy… addressed to defendant at the premises and sent by first class mail.
(a)(10) state the day the defendant must appear in person for trial at the court issuing citation, which must not be less than 10 days nor more than 21 days after the petition is filed…
(c) Trial in an eviction case must not be postponed for more than 7 days total unless both parties agree in writing.
(a) A party may appeal a judgment in an eviction case by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the justice court within 5 days after the judgment is signed.
(b) A writ of possession may not be issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure and judgment for possession is thereafter granted by default.
(d)(1) post a written warning of at least 8-1/2 by 11 inches on the exterior of the front door of the rental unit notifying the tenant that the writ has been issued and that the writ will be executed on or after a specific date and time stated in the warning not sooner than 24 hours after the warning is posted…
Except as provided by Subsection (f-1), the notice to vacate shall be given in person or by mail at the premises in question. Notice in person may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question.
(f-1) As an alternative to the procedures of Subsection (f), a landlord may deliver the notice to vacate by securely affixing to the outside of the main entry door a sealed envelope that contains the notice and on which is written the tenant’s name, address, and in all capital letters, the words “IMPORTANT DOCUMENT” or substantially similar language and, not later than 5 p.m. of the same day, depositing in the mail in the same county in which the premises in question is located a copy of the notice to the tenant if:
(1) the premises has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to affix the notice to vacate to the inside of the main entry door; or (2) the landlord reasonably believes that harm to any person would result from personal delivery to the tenant or a person residing at the premises or from personal delivery to the premises by affixing the notice to the inside of the main entry door. (f-2) Notice to vacate under Subsection (f-1) is considered delivered on the date the envelope is affixed to the outside of the door and is deposited in the mail, regardless of the date the notice is received.
Can a landlord evict you immediately in Texas? Can a landlord evict you immediately in Texas?Yes, a landlord can evict you immediately in Texas if you are not a legal tenant (you moved in without the landlord/property owner’s permission). You may be given oral notice to move out immediately. A landlord is still required to follow the legal eviction process. Read more » Can you evict a tenant without a lease in Texas? Can you evict a tenant without a lease in Texas?Yes, you can evict a tenant without a lease in Texas, but the landlord must still follow the legal eviction process and file a forcible entry and detainer or eviction case with the court. It is illegal for a Texas landlord to forcibly remove a tenant. Read more » Can you kick someone out of your house in Texas? Can you kick someone out of your house in Texas?Yes, you can kick someone out of your house in Texas; however, you may be required to follow the legal eviction process and file an eviction or forcible entry and detainer case with the Texas courts. In addition, you may need to give them written notice. Read more » Can a landlord evict someone for no reason in Texas? Can a landlord evict someone for no reason in Texas?Yes, a landlord can evict someone for no reason in Texas if there was no lease, or the written or oral lease has expired. The landlord is not required to give an additional reason once a lease expires. Read more »
