Being Evicted
Prop. Code 24.005 — written notice, the justice court, and a writ
In Texas a landlord recovers a home through an eviction suit in the justice court for the precinct where the property is, and the justice court decides who has the right to actual possession, not who owns the title. Before filing against a tenant who defaults or holds over, the landlord gives at least three days' written notice to vacate, unless the written lease or agreement sets a shorter or longer period.
| The situation | The notice the code sets |
|---|---|
| The situationNonpayment of rent, by a tenant who was not late before the month of the notice | The notice the code setsA notice to pay rent or vacate |
| The situationNonpayment of rent, by a tenant who was late or delinquent before that month | The notice the code setsEither a notice to pay rent or vacate, or a notice to vacate |
| The situationA tenant at will or by sufferance | The notice the code setsAt least three days' written notice to vacate, unless a written lease or agreement sets another period |
| The situationA tenant who keeps paying, after a foreclosure sale, where the buyer does not continue the lease | The notice the code setsAt least 30 days' written notice to vacate |
- The notice goes by mail, including first class, registered or certified mail or a delivery service.
- Or it is delivered to the inside of the premises, in a conspicuous place.
- Or it is handed to any tenant of the premises who is 16 years of age or older.
- Or, if the parties agreed in writing, it goes by e-mail or other electronic means.
- None of these methods is required where the tenant actually receives the notice.
A landlord who wins is entitled to a judgment for possession and a writ of possession. The writ may not issue before the sixth day after the judgment is rendered, unless a possession bond has been filed and approved. A sheriff or constable serves it no later than the fifth business day after it issues, and first posts a written warning on the outside of the front door that the writ will be carried out on or after a stated date and time, no sooner than 24 hours after the warning is posted.
Changing the locks for unpaid rent is allowed in Texas, on conditions, and the tenant gets a key at any hour. A landlord may not keep a tenant out except by judicial process, but the code allows changing the door locks on a tenant who is delinquent in rent where the lease gives that right and the landlord gave written notice first, mailed locally no later than the fifth calendar day before the change, or handed to the tenant or posted inside the main entry door no later than the third calendar day before it. The landlord must provide a key to the new lock at any hour, whether or not any rent is paid, and may not change the locks while anyone lawfully occupying the home is inside, or more than once in a rental payment period.
After a lock change, the notice on the front door gives an on site location open 24 hours a day for the new key, or a number answered 24 hours a day that will have a key delivered within two hours of the call. A landlord who violates the section is liable for a civil penalty of one month's rent plus $1,000, actual damages, court costs and reasonable attorney's fees, less any rent owed, and the tenant may recover possession or end the lease. Refusing the key adds another civil penalty of one month's rent.
When the writ is carried out, the officer may remove the occupants and place their belongings outside the unit, not blocking a sidewalk or street and not while it is raining, sleeting or snowing. Appeals, appeal bonds, paying rent into the court during an appeal, and the chapter's electronic proceedings and summary disposition are not set out here.
Sources for this section (4)
- Prop. Code 24.005 — Notice required before filing certain eviction suits
- Prop. Code 24.0061 — Writ of possession
- Prop. Code 92.0081 — Removal of property and exclusion of a residential tenant
- Prop. Code 24.004 — Jurisdiction of the justice court in eviction suits
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.