Housing disputes in Texas

Texas uses a process called forcible detainer — one of the faster eviction systems in the US. For landlords who follow the steps correctly, an uncontested case in Texas can reach a hearing within 10-21 days of filing. The key is getting the notice and classification right from the start.

Texas eviction law is governed by Chapter 24 of the Texas Property Code (Tex. Prop. Code § 24.001 et seq.). The process is called a forcible entry and detainer suit and is filed in the Justice Court of the precinct where the property is located.

For nonpayment of rent, a landlord must serve a 3-day written Notice to Vacate (or Notice to Pay or Quit if the tenant paid on time the prior month) before filing. For lease violations, a 3-day notice is also standard.

Effective January 1, 2026, Texas added Chapter 24B, which creates a separate administrative procedure (not a lawsuit) for removing unauthorized occupants — people who were never tenants or household members. This is distinct from the standard eviction process.

Once filed, the Justice Court clerk issues a citation. The hearing is set 10-21 days later. If the tenant does not appear, the landlord may receive a default judgment. After judgment, the court issues a Writ of Possession. The constable posts a 24-hour notice on the property and then executes the writ if the tenant has not vacated.

General information only. This page is based on publicly available statutes and court rules. It is not legal advice, does not constitute a legal opinion, and does not create an attorney-client relationship. Laws change and individual circumstances vary. Consult a licensed attorney for guidance specific to your situation.