TX · EVICT-NTC · Updated July 2026 · Free
Texas Eviction Notice
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Texas at a glance: 3-Day Notice to Vacate: Required before filing eviction lawsuit · Court Filing: Justice of the Peace Court (forcible detainer) · Rent Control: None — preempted by state law
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Overview
Eviction Notices in Texas
Texas has relatively landlord-friendly eviction laws. The eviction process in Texas is governed by Chapter 24 of the Texas Property Code. Texas requires a 3-day Notice to Vacate before filing an eviction lawsuit in Justice of the Peace Court (known as a forcible detainer action).
Texas does not have statewide rent control, and most Texas cities are preempted from enacting rent control by state law. The eviction process in Texas is relatively fast — hearings are typically scheduled within 10-21 days of filing.
Key Facts
Texas Eviction Notice — Quick Reference
| Requirement | Texas Rule |
|---|---|
| 3-Day Notice to Vacate | Required before filing eviction lawsuit |
| Court Filing | Justice of the Peace Court (forcible detainer) |
| Rent Control | None — preempted by state law |
| Hearing Timeline | Typically 10-21 days after filing |
| Governing Law | Tex. Prop. Code § 24 |
Legal Requirements
Texas Legal Requirements
- 3-day written Notice to Vacate required before filing for eviction.
- Notice can be delivered in person, left with a resident 16+, or mailed (add extra days for mail).
- After 3 days, landlord may file a forcible detainer petition in Justice of the Peace Court.
- Landlord must not engage in self-help eviction (changing locks, removing property).
- Notice must state the reason for eviction and the vacate deadline.
Governing Laws
Texas Governing Laws
Tex. Prop. Code § 24.005
3-Day Notice to Vacate
Requires landlords to provide a 3-day written Notice to Vacate before filing a forcible detainer lawsuit in Texas.
Tex. Prop. Code § 92.0081
Prohibition on Self-Help Eviction
Prohibits landlords from changing locks, removing doors/windows, or otherwise interfering with a tenant's possession without a court order.
Read the full text of these laws at Cornell Law School's Texas legal resources or your state legislature's official website.
Questions & Answers
Texas Eviction Notice — Frequently Asked Questions
How long does an eviction take in Texas?
The process typically takes 3-4 weeks from notice to judgment if uncontested: 3-day notice period + a few days to file + 10-21 days until hearing. If appealed, it can take significantly longer.
Does Texas require a reason for eviction?
No just-cause requirement exists in Texas for most evictions. A landlord can end a month-to-month tenancy with proper notice for any reason not prohibited by law. However, retaliatory evictions and discriminatory evictions are illegal.
Can a Texas landlord charge late fees?
Yes. Texas law (Tex. Prop. Code § 92.019) allows landlords to charge a late fee if: the fee is included in a written lease, it is reasonable, and rent is overdue by at least 2 full days after the due date.