1. Notice to vacate
Before filing, the landlord must give written notice to vacate - at least three days unless the lease provides otherwise (Texas Property Code §24.005). How it is delivered matters and is set by statute.
Properties with a federally backed mortgage, or in certain housing programs, may also be subject to a 30-day federal notice requirement.
2. Filing in justice court
If the tenant stays, the landlord files an eviction suit in the justice court for the precinct where the property is. The court sets a hearing and the tenant is served.
3. The hearing
Bring the lease, the ledger, the notice and proof of delivery. If the judge rules for the landlord, the judgment covers possession and can include unpaid rent.
4. Appeal, then the writ
The tenant has a short window to appeal to county court. If there is no appeal, the landlord can request a writ of possession, which a constable executes.
What a landlord may not do
No lockouts outside the narrow rules of §92.0081, no removing doors or belongings, and no cutting off utilities the landlord provides (§92.008). These carry their own penalties and can hand the tenant the case.
How we handle it
Notices go out on schedule, and if it does not resolve we file and see it through. Most tenancies never get there: clear screening, automatic payments and a call on day one of a late payment prevent most of them.
Questions
How much notice does a Texas landlord have to give before filing an eviction?
At least three days' written notice to vacate, unless the lease provides a different period (Texas Property Code section 24.005). Some federally backed properties require 30 days.
Can a landlord change the locks in Texas for unpaid rent?
Only under the strict conditions of Property Code section 92.0081, including advance notice and providing a new key on request. Removing belongings or cutting utilities is not allowed.
General information about Texas rules, not legal advice. For a specific situation, speak to a Texas attorney.