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Texas Residential Eviction Process Guide for Landlords

Last Updated: June 2025 – This guide provides Texas landlords with a step-by-step overview of the residential eviction process, including legal requirements under Texas law. Each section below covers a key phase or topic in the eviction process, with citations to the Texas Property Code and other official resources for accuracy and further reference.

1. Types of Eviction Notices Required in Texas

Texas law requires that a landlord give proper written notice to vacate before filing an eviction lawsuit. The standard notice is a 3-day Notice to Vacate for most situations, but there are variations depending on the circumstances:

3-Day Notice to Vacate (Default)

If a tenant defaults on the lease (e.g. fails to pay rent) or holds over after the lease term ends, the landlord must give at least three days’ written notice to vacate before filing an eviction (unless the lease specifies a different notice period). This 3-day notice is the most common and applies to nonpayment of rent, lease violations, and holdover tenants by default. (Landlords and tenants can agree in a written lease to a shorter or longer notice period, but if the lease is silent, three days is required.

Notice for Termination of Month-to-Month Tenancy

If the tenancy is month-to-month (or at-will after a lease ends and no renewal), Texas law (Property Code §91.001) requires at least one rental period’s notice to terminate. In practice this means about 30 days’ notice of non-renewal for a month-to-month tenant. For example, if a tenant’s lease has ended and converted to month-to-month, the landlord should give a 30-day termination notice (separate from the 3-day vacate notice) to end the tenancy. After that period ends, if the tenant hasn’t moved, a 3-day vacate notice can be given for the holdover.

30-Day Notice (CARES Act or Special Cases)

Under federal law, if the property or landlord falls under the CARES Act protections (for example, the property has a federally backed mortgage or the landlord participates in certain federal housing programs), the notice to vacate must be 30 days for nonpayment of rents. his 30-day notice rule (originally from the 2020 CARES Act) still applies to covered properties and overrides the shorter state notice. Additionally, if a new owner acquires a property at a foreclosure sale, and the existing tenant is current on rent and not otherwise in default, the new owner must give at least 30 days’ notice to vacate if they choose to terminate the tenancy.

Immediate Notice (Forcible Entry/Squatters)

In cases where the occupant is not a lawful tenant (for example, someone who gained possession by forcible entry or trespass), the law is more lenient on notice. If the occupant’s entry itself was a forcible entry, the person entitled to possession can give an immediate notice to vacate (oral or written), demanding that the squatter leave immediately or by a specified deadline. Essentially, no set number of days is required in such forcible entry scenarios – immediate notice is allowed.

Other Notice Requirements

If a lease or law provides the tenant a right to respond or cure before eviction, the landlord must honor that. For instance, if the lease or a local ordinance requires a “notice to cure” or a warning notice prior to eviction, the landlord cannot issue the final notice to vacate until that preliminary period expires.

Also, Texas law allows (but does not require) a landlord to include a demand for rent in the notice to vacate if a prior written reminder of unpaid rent was already given. In that case, the 3-day notice can say the tenant must pay the delinquent rent or vacate by the deadline. However, it’s crucial that any notice to vacate clearly state the intent to repossess the unit – it should be unconditional in telling the tenant to leave by a certain date if the issue isn’t resolved.

Ambiguous notices (e.g. “pay your rent or vacate” without clarity that failing to pay will result in eviction) can be deemed improper, so landlords often word notices as “Pay by X date or possession will be demanded” to make it clear.

Always consult Section 24.005 of the Texas Property Code for notice requirements, as it is the primary statute on notices to vacate. Providing the correct type of notice and waiting the required time is a mandatory first step before a Texas court will hear an eviction cases. Failing to give proper notice is one of the most common reasons eviction cases get dismissed (see Section 5 on tenant defenses).

2. Proper Methods for Delivering Eviction Notices (Service of Notice)

Texas law specifies how a Notice to Vacate must be delivered to the tenant. Using an improper delivery method can invalidate the notice, so it’s important to follow the methods allowed by Texas Property Code §24.005(f). Acceptable delivery methods under Texas law include:

Personal Delivery to Tenant or Occupant

You may hand-deliver the notice to the tenant in person. You can also give it to any person residing at the premises who is 16 years of age or older (for example, an adult family member of the tenant). This counts as delivered to the tenant. If someone is home, this is often the best method – hand the notice directly to the tenant or a competent adult resident and note the date and time.

Posting the Notice on the Inside of the Main Door

If no one is home, Texas law allows the landlord to attach the notice to the inside of the main entry door of the rented unit. This typically means slipping the notice under the door or through a mail slot and affixing it inside, or entering just enough to leave it inside on the front door. In practice, landlords often tape the notice to the inside knob or floor just inside the door when they have access (for example, using a passkey). Do not simply tape it to the exterior unless you follow the special procedure below – the default rule is it must be inside the main door if delivered at the premises.

Mailing the Notice

You may send the notice by mail to the tenant at the rental premises. The statute allows delivery by regular mail, registered mail, or certified mail, return receipt requested. Mailing is legally valid, but be mindful of timing – the notice period counts from when the tenant receives the notice. There is no explicit extra days required for mailing in the statute (unlike some states), but a prudent landlord might still allow a few extra days if using only mail, to ensure the tenant actually receives the notice before you proceed. Keep proof of mailing (e.g. a certificate of mailing or postal receipt) in case it’s contested.

Posting on Outside of Door + Mailing (Alternative Method)

Texas law provides an alternative if safety or access issues prevent normal delivery. If the dwelling has no mailbox and either has a keyless bolting device, alarm system, or a dangerous animal that prevents entry to leave the notice inside, or if the landlord reasonably fears harm by delivering in person, you can use the following method: Securely affix the notice to the outside of the main entry door in a sealed envelope (with the tenant’s name and address, and the words “IMPORTANT DOCUMENT” in all caps on the envelope), and on that same day by 5 PM mail a copy of the notice to the tenant in the same county.

When this two-step method is used, the notice is legally considered delivered on the day it’s posted and mailed. This means the 3-day (or applicable) notice period starts running from that date, regardless of when the tenant actually picks up the mail.

No Electronic Notice

Texas law does not recognize email, text, or oral notices to vacate. The notice must be a written document delivered by one of the above physical methods. Verbal demands to leave are not sufficient to initiate an eviction lawsuit.

When serving the notice, it’s wise for a landlord to document the delivery (for example, by taking a photo of the posted notice and noting the date/time, or keeping mail receipts). According to the Property Code, the notice period is calculated from the day the notice is delivered (posted/handed over or mailed).

For example, if you hand-deliver or post the notice on June 1, that day is Day 0 and June 2 is Day 1 of the notice period. With a 3-day notice, the earliest you could file an eviction case would be June 5 (after the full 3 days have passed on June 4). Never file the eviction lawsuit before the notice period expires – filing even one day too early is grounds for dismissal.

In summary, stick to the formal delivery methods required by law. Many landlords use a combination (e.g. hand-deliver and also mail a copy) to be safe. Improper service of the notice to vacate is a common landlord mistake (see Section 8) and a tenant can get the case thrown out if the notice wasn’t delivered in one of the allowed ways. By delivering the notice correctly, you ensure your eviction case can move forward without procedural issues.

3. Timeline and Procedures of the Eviction Process (From Notice to Removal)

The Texas eviction process has multiple steps, each with specific time frames and procedures. Below is an overview of each phase from serving the notice to physically removing a tenant, along with typical timelines:

Overview of the Texas eviction process timeline from notice through writ of possession. Each step – Notice to Vacate, Filing the Eviction, Court Hearing, Judgment, and Writ of Possession – has minimum waiting periods set by law (e.g. 3-day notice, 10-21 days to hearing, 5 days to appeal, etc.), which are reflected above for a standard uncontested case.

Step 1: Serve Notice to Vacate and Wait (3+ days)

The process begins by delivering the proper Notice to Vacate as described in Sections 1 and 2. The landlord must wait for the notice period to run before taking further action. Typically this is at least 3 days (or longer if a different period applies). Do not file the eviction suit until the day after the notice period ends. For example, if a 3-day notice is delivered on a Monday, the earliest you would file is Friday. It’s often recommended to wait an extra day or two to avoid any argument about insufficient notice, especially if the notice was mailed. During this notice period, the tenant may cure the issue (pay the rent due, etc.) or move out. If they do vacate on their own, no further legal action is needed. If the deadline passes and the tenant remains, the landlord can proceed to file in court.

Step 2: File the Eviction Suit in Justice Court

After the notice period, if the tenant hasn’t complied, the landlord files a Forcible Entry and Detainer (eviction) suit in the Justice of the Peace (JP) Court for the precinct where the rental property is located. This is typically the county and precinct of the property (each Texas county is divided into JP precincts). To file, the landlord (or their agent/attorney) will need to prepare a sworn Petition for Eviction. Many JP courts have fill-in-the-blank forms for this.

The petition generally must include: the names of the landlord and tenant, the address of the property, the grounds for eviction (e.g. “nonpayment of rent of $X for March” or “lease violation – unauthorized pet” or “holding over past lease end”), a statement that proper notice to vacate was given (and the date it was given), and the relief sought (possession of the premises, plus any rent owed if you choose to sue for rent).

Attach a copy of the notice to vacate and the lease to your filing if possible – some courts will want to see these at the hearing, and it’s good practice to provide them upfront. There will be a filing fee (amount varies by county; often around $50–$150 total for filing and service). For example, one county’s fee schedule is $139 filing + $85 per additional tenant for service. In practice, most eviction hearings in Texas are set about 2 weeks out from filing, depending on the court’s schedule.

Step 3: Service of Citation on the Tenant

After filing, the court (through a constable or sheriff) will serve the tenant with the eviction citation and petition. The citation informs the tenant of the lawsuit and the hearing date. A constable will typically attempt personal service at the rental unit (they must try at least twice at different times).

If they succeed, the tenant gets the papers in hand (or someone 16 or older at the residence can receive them). If they cannot find anyone home after two attempts, the officer can post the citation to the outside of the door and mail a copy (this is called alternative service, allowed by court rules for eviction cases).

The tenant is not required to file a written answer in JP court (unlike other civil cases) – they can simply show up at the hearing. However, they may file an answer or any counterclaims/defenses if they choose, or a jury trial request (at least 3 days before hearing). The important point for landlords is that you must ensure the tenant was properly served before the hearing. If the constable cannot serve the tenant by the hearing date, the court may reset the hearing or dismiss the case. You can check with the court before the hearing to confirm service (In most cases, service is successful or done by posting, so the hearing proceeds as scheduled).

Step 4: Eviction Hearing in Justice Court

The eviction hearing is a relatively quick, informal trial before the Justice of the Peace (or a jury, if requested). By statute this hearing cannot occur sooner than the 10th day after filing (to ensure the tenant has notice) and no later than the 21st day after filing. In the hearing, the landlord (plaintiff) and tenant (defendant) each have the opportunity to present their case. Be prepared: as the landlord, bring all relevant evidence such as the signed lease, the notice to vacate you served (and proof of how/when it was served), rent ledgers or receipts (if nonpayment case), photographs of damages or other evidence of lease violations, and any witnesses to testify if needed.

The judge will ask the landlord to state their case first. This is your chance to succinctly explain why you are seeking eviction (e.g. “Tenant failed to pay $500 rent for June, we gave a 3-day notice on July 5th, and they did not pay or vacate, so we are asking for possession and $500 in rent”). Then the tenant can respond with any defenses or explanations (see Section 5 for common defenses). The judge (or jury) will consider the evidence and make a decision (judgment), usually immediately or the same day. Possible outcomes: Judgment for the landlord (for possession, and possibly a money judgment for rent or attorney’s fees if claimed and proven), or judgment for the tenant (case is dismissed or tenant prevails on a defense, meaning the tenant can stay). It’s crucial for landlords to attend the hearing; if you don’t show up, the case will likely be dismissed for want of prosecution, and you’d have to start over.

If the tenant doesn’t show, you can often get a default judgment in your favor, as long as the court finds your evidence sufficient and service was proper. Either way, the judge will sign a judgment stating who wins possession.

Step 5: Judgment and Appeal Period (5 days)

If the judgment is in your favor (landlord wins possession), the tenant has a brief window to appeal. Either party has 5 calendar days to file an appeal in a JP eviction case. The count includes weekends and holidays (unless the 5th day falls on a day the court is closed, in which case it rolls to the next business day). During this 5-day period, the landlord cannot evict the tenant because the tenant has a right to stay until the appeal deadline passes. If the tenant is unhappy with the outcome, they may appeal to the County Court for a new trial (Texas eviction appeals are trial de novo in county court, meaning the whole case starts fresh there). To appeal, the tenant must either post an appeal bond (usually set by the JP, often two times the amount of judgment) or file a pauper’s affidavit of inability to pay (along with a deposit of one month’s rent into the court registry) within those 5 days. If the tenant perfects an appeal, the case moves to county court and the eviction is put on hold until the higher court rules. (The tenant may be required to pay ongoing rent into the court each month during the appeal to stay the eviction, per Rule 510.9). For the landlord: if the tenant appeals, you will be notified and will have to present your case again in county court – consider consulting an attorney at that stage, especially if the tenant has legal representation or the case is complex. If neither party appeals within 5 days, the JP judgment becomes final.

Step 6: Obtaining a Writ of Possession (after 5 days)

Once the 5-day appeal period expires with no appeal, the landlord can proceed to regain possession via a Writ of Possession. The writ of possession is a court order authorizing the sheriff or constable to remove the tenant and their belongings from the property. You must request the writ from the JP court; it is not automatic. On the 6th day after the judgment (or any time thereafter, so long as no appeal was filed), go to the JP court and apply for the Writ of Possession.

There will be a fee (often around $130–$185 depending on county) for issuing the writ and for the constable to execute it. By law, the writ cannot be issued until at least the 6th day after the judgment was signed, so make sure you count full 5 days from judgment. Once issued, the clerk will forward the writ to the constable’s office for execution.

Step 7: Scheduling the Eviction (Writ Execution by Constable)

After the writ is obtained, the constable will post a 24-hour notice on the tenant’s door before executing the writ. The Texas Property Code requires that the officer post a written warning, at least 8.5” x 11” in size, on the exterior of the front door at least 24 hours before the writ will be executed.

This notice will inform the tenant that a writ of possession has been issued and state the date and time on or after which the constable will return to remove them, giving them one last day to vacate on their own. The exact scheduling varies, but typically the constable coordinates a date with the landlord. Many constables will call or require the landlord to contact them to arrange the physical eviction time. Landlord’s responsibility: you should be ready to meet the constable at the property at the appointed time with means to change the locks and, if the tenant still hasn’t moved, with enough help (or hired movers) to remove the tenant’s possessions efficiently.

Step 8: Physical Removal of Tenant and Property

When the constable arrives to execute the writ (at or after the time on the 24-hour notice), they will direct the tenant to leave and oversee the removal of property. The officer will instruct the tenant to leave immediately and, if the tenant refuses, the officer can physically remove the tenant (including by force if necessary).

The constable will also ensure the landlord removes the tenant’s personal property from the unit. Texas law does not require storage of the tenant’s belongings – in fact, the writ order directs that property be placed outside at a nearby location. Typically, landlords move the items to the curb or driveway. (Note: the law says not to place items blocking a public sidewalk or road and not to remove items if it’s raining, sleeting, or snowing at the time.

Some cities or constables may have slight variations, like providing a portable container, but in most cases it’s simply placed by the curb.) Once the property is removed and the locks are changed, the landlord regains possession of the premises. The constable’s presence ensures everything is done peaceably. After execution, the tenancy is fully terminated – if the tenant returns, they can be treated as a trespasser.

In total, an uncontested eviction in Texas (no appeal) usually takes around 3 to 4 weeks from the notice to the removal. For example, 3 days for notice, ~14 days to hearing, 5 days appeal period, and perhaps a few days to schedule the constable, puts it roughly in the 3-4 week range. If the tenant contests the case or files appeals, the timeline can extend to several months due to additional court proceedings. Below is a quick timeline reference:

Day 0: Serve notice to vacate.
Day 3: (or 30, etc., depending on notice) Notice period expires. If tenant still in unit, file eviction in JP court.
Day ~3-5: Court issues citation; constable serves tenant within a few days.
Day ~10-21: Eviction hearing held in JP court (must be between day 10 and day 21 from filing). Judgment issued.
Day 1-5 after judgment: Tenant has 5 days to appeal. No writ during this time.
Day 6 after judgment: If no appeal, landlord can obtain writ of possession.
Day 6-7 after judgment: Constable posts 24-hour notice of eviction.
Day 7-8: Constable returns to execute writ; tenant removed.

Each case can vary slightly, but the key waiting periods (3 days, 10-21 days to hearing, 5 days for appeal, 24-hour writ notice) are mandated by law and important for landlords to observe. By following the proper timeline, you ensure the eviction is lawful and minimize delays.

4. Filing an Eviction Suit in Justice Court (Forcible Detainer) and Court Expectations

Where to File: In Texas, eviction suits (forcible detainer cases) are filed in the Justice of the Peace Court (Justice Court) in the precinct where the rental property is located. You can find the correct precinct by contacting your county’s JP courts or looking up your address on the county’s precinct map. Filing in the wrong precinct will result in dismissal, so ensure you have the right court.

Preparing the Petition: The eviction process officially begins with filing a sworn petition/complaint with the Justice Court. Many JP courts provide a pre-printed Petition for Eviction form (check the court’s website or clerk’s office). You can also use the Texas Justice Court Training Center’s form. In the petition, you will need to include:

Names of the parties: Your name (or your company’s name) as Plaintiff/Landlord and the tenant’s name(s) as Defendant(s). It’s important to list all adult tenants who signed the lease or are residing in the unit and whom you want to have removed (If you omit a person, the eviction judgment might not cover them, meaning you could have trouble removing them later).
Property description: The address of the rental property (including unit number if any).
Grounds for eviction: The reason you are evicting. This could be nonpayment of rent, holdover (staying past lease end), or other lease violations (like unauthorized occupants, damage, illegal activity, etc.). Be specific and concise (e.g., “Defendant failed to pay $750 rent for March 2025” or “Lease expired on May 31, 2025 and was not renewed; tenant failed to vacate”). If you’re evicting for a lease breach, it helps to reference the lease clause (e.g., “violation of pet policy in lease paragraph 10, dog on premises without permission”).
Notice to vacate details: The petition should affirm that you gave the required written notice to vacate, and state the date it was given and the method (e.g., delivered in person on June 1, 2025). Some courts might ask for a copy of the notice – it’s good practice to attach a copy of your Notice to Vacate to the petition. Also be prepared to show proof of service of that notice at the hearing.
Rent and damages: You can choose to sue for unpaid rent that is due up to the date of filing (and even rent accruing during the case, up to the trial date). Justice Courts in Texas can award rent and other sums within their jurisdictional limit (currently up to $20,000). If the primary issue is nonpayment, you’ll likely claim the amount of rent owed. You cannot combine other claims like utility bills, late fees, or damages in an eviction suit – only rent and possession (and possibly attorney’s fees and court costs) can be sought in the same case. If you have substantial damages or other claims, you’d handle those in a separate case. If you are seeking attorney’s fees, ensure your lease provides for it or that you gave the required 10-day attorney fee demand notice by certified mail (per Property Code §24.006, you must send a letter giving tenant a chance to pay and avoid attorney fees).
Military affidavit: Federal law (Servicemembers Civil Relief Act) requires plaintiffs to declare whether the defendant is in military service. Many Texas courts require a Military Status Affidavit to be filed with the petition or before default judgment. This is a form stating whether or not the tenant is in active military service (you can verify through the Department of Defense SCRA website). Filing this affidavit is important – if you fail to do so and the tenant is absent, the court might delay the case. Check with your JP court; often, they have a simple form to include or it’s integrated into the petition.

Once the petition is ready, file it with the court clerk (many JPs accept electronic filing via eFileTexas, or you can file in person). Pay the filing fee and service fee. The clerk will then issue a citation for each tenant named.

After Filing – Hearing Date: The court will assign a hearing/trial date when you file. By law this will be no sooner than 10 days and no later than 21 days from the date of filing. The hearing date is printed on the citation that will be served to the tenant. Typically, you’ll get a date 2–3 weeks out. Note: You have the right to request a jury trial in the eviction case, but you must request it at least 3 days before the hearing and pay a small jury fee (around $22). Most eviction cases are heard by the JP without a jury, unless one of the parties requests a jury.

Court Expectations: Eviction hearings are meant to be speedy and somewhat informal, but you should still be prepared and organized:

Representing Yourself vs. Attorney: In Justice Court, landlords often represent themselves (especially for straightforward cases). Texas rules even allow an agent or property manager to represent the landlord in some cases. For example, an apartment manager can appear on behalf of the owner for a nonpayment or holdover eviction. However, if the case is contested and is based on something other than nonpayment or holdover (like a complex lease breach), some courts may require an attorney unless the owner is present. It’s wise to check local court practices. If you’re unsure or the stakes are high (e.g. tenant has a lawyer or raises legal defenses), consider hiring an attorney. But for many routine evictions, landlords do proceed pro se.

Bring Evidence: At the hearing, you (as plaintiff) have the burden to prove your right to evict. Bring at least two copies of the lease and the notice to vacate (one for you, one for the judge; and one for the tenant if you want to be thorough). Bring a rent ledger or payment history if nonpayment is at issue, and receipts or invoices if you’re claiming specific rent amounts. If the case involves property damage or other violations, bring photos, repair estimates, police reports, or witness statements as applicable. Note that judges may not accept letters or affidavits in lieu of live testimony – if a witness’s testimony is important (e.g. a neighbor saw illegal activity), you should have that witness present in person or subpoena them to court. The Texas Rules of Civil Procedure for JPs are lenient on evidence, but first-hand testimony carries more weight.

Presenting the Case: The hearing will be quick – often 5 to 15 minutes. The judge will ask the landlord to present their case. State the basic facts clearly: identify the property, confirm the tenant is still in possession, state the lease terms (start/end date, rent amount), what the breach is, that you gave proper notice to vacate on X date, and that as of the hearing the tenant has not complied. The judge may ask questions or ask to see your documents. Then the tenant can respond. Common tenant arguments might be about the condition of the property, alleged payments, or disputes about the notice or amount owed (see next section). Stay calm and respectful. Answer the judge’s or tenant’s questions truthfully. Do not interrupt the tenant; you will get a chance to respond to any new allegations. Focus on the key issue: that you followed the law and the tenant violated the lease or overstayed. The JP will then make a decision.

Default or Dismissal: If the tenant doesn’t show up and you have proof of proper service, you can ask for a default judgment. You’ll still need to briefly testify to the elements of your case (or the judge may just review the petition and ask a couple of questions). If you as the landlord do not show up, the case will likely be dismissed (or if the tenant shows and you don’t, the tenant could even win by default). If dismissed, you can usually refile, but you’ll have to start over including serving a new notice to vacate in most cases.

Judgment: If the landlord wins, the judge will announce something like “Judgment for the landlord for possession and $X in rent plus court costs. Defendant has 5 days to appeal.” A Judgment for Possession means you have the right to regain the premises after the 5-day appeal period. If the tenant wins, the case is dismissed (or occasionally “judgment for tenant” meaning they proved a defense like retaliation), and the tenant can remain. The judge’s decision will be put in writing (you can ask the clerk for a copy of the judgment).

After Court: If you win, mark the date 5 days later on your calendar as the first day you can go request the writ of possession (if the tenant hasn’t moved or appealed). If the tenant indicates they might appeal, keep an eye on the court file or call the clerk after day 5 to see if an appeal was filed. If an appeal is filed, the case will move to the county court – do not attempt to get a writ from JP in that case, as the JP judgment is superseded. If no appeal, follow the steps in Section 6 to get the writ executed.

Note: Texas eviction suits are summary proceedings – the goal is to resolve who has the immediate right to possession, without getting bogged down in unrelated claims. The Justice Court will not entertain counterclaims by the tenant that are not about possession (e.g. they won’t award the tenant money for damages in an eviction case, those would be separate). Likewise, you can’t sue for things like property damage or utility bills in this proceeding. Keep the scope to possession and rent. Also, the Texas Rules of Civil Procedure Rule 510 governs eviction cases specifically, and general JP rules (Rules 500-507) apply – these rules streamline the process (for example, discovery is limited, and the court can allow evidence that might be hearsay if not objected to, etc.). Eviction hearings are meant to be accessible to non-lawyers, so the judge will guide the process to some extent. As long as you have your documents in order and followed the steps, you should be able to navigate the hearing.

Finally, always maintain professionalism in court. Address the judge as “Your Honor” or “Judge,” and avoid speaking directly to or arguing with the tenant – direct your statements to the judge. Justice Courts are generally more informal than higher courts, but respectful conduct goes a long way in making your case convincing and keeping the hearing on track.

5. Common Tenant Defenses to Eviction (and Their Impact on the Process)

Tenants in Texas have several potential defenses they might raise to contest an eviction. As a landlord, you should be aware of these – both to anticipate them in court and to avoid giving a tenant valid grounds to fight the eviction. Below are some of the most common defenses and how they can affect the eviction process:

Improper or Defective Notice to Vacate: This is one of the most frequent technical defenses. A tenant can argue that the landlord failed to give a proper notice to vacate as required by law (wrong form, not enough time, or not delivered correctly). Because Texas law strictly requires a written notice to vacate prior to filing, a mistake here typically leads the judge to dismiss the case. Examples: The landlord gave only a verbal notice (not valid); or the notice didn’t give the full 3 days; or it wasn’t unconditional (e.g. “pay rent or vacate” without clearly demanding vacating); or it was delivered by pinning to the door without mailing (not following statute). If a tenant proves the notice was defective, the eviction suit will likely be dismissed on the spot. The landlord can correct the issue by serving a new, proper notice and then re-filing, but that delays the process. Impact: Loss of the case (for now) and at least a couple of weeks’ delay. How to avoid: Always follow the notice requirements (see Sections 1 and 2) precisely – this cuts off this defense.

No Breach / Compliance with Lease: A substantive defense is for the tenant to claim they did not violate the lease or have cured the violation. For nonpayment evictions, this could mean the tenant argues they actually paid the rent or the amount claimed is wrong. They might show receipts or money order stubs to prove payment or dispute the accounting. For other violations, a tenant might say the allegation is false (e.g. “I did not have an unauthorized pet” or “The lease term hasn’t ended; I renewed”). If a tenant can cast doubt on the breach, the judge might deny eviction, especially if the landlord lacks evidence.

Impact: If the court finds no lease violation occurred, the landlord’s case fails. To counter this, landlords should keep clear records (payment ledgers, dated photos of violations, etc.). Even if the tenant partially paid rent, note that accepting a partial rent payment after issuing a notice to vacate for non-payment could be seen as waiving that notice (some courts view it as the landlord entering a new payment agreement). It’s safer to refuse partial payments once you’ve decided to evict for nonpayment, or if you accept, be prepared that the judge might require you to serve a new notice for the now smaller balance.

Landlord Didn’t Repair / Breach of Habitability: Texas law requires landlords to repair certain conditions that affect health and safety (Property Code Chapter 92, Subchapter B). A tenant might defend an eviction for nonpayment by arguing they withheld rent because of serious repair issues, like no heat, broken plumbing, etc. Technically, Texas does not allow rent withholding without a court order, but tenants can use a “repair and deduct” remedy or assert the landlord’s material breach of the lease (if the landlord’s failure to maintain made the property uninhabitable). If the tenant properly followed the legal procedure to request repairs and gave notice, a lawful rent deduction for repairs is a defense for nonpayment of rent to the extent allowed by law. Even if the tenant didn’t follow formalities, a Justice of the Peace might be sympathetic if there were severe conditions.

Impact: The judge could offset rent owed or even delay/deny eviction if the landlord blatantly neglected essential repairs. At minimum, a repair issue might serve as evidence if the tenant claims the eviction is actually retaliation for requesting repairs (see next defense). Landlords should promptly address repair requests and document their responses to avoid this.

Retaliation: Texas Property Code §92.331 prohibits landlord retaliation against a tenant for engaging in certain protected activities, such as complaining to a government agency about building codes or utilities, requesting repairs, lawfully withholding rent under repair statutes, or joining a tenant organization. If an eviction is filed within 6 months of a tenant’s protected activity, the law presumes retaliation (unless the landlord proves a valid reason unrelated to the complaint). In an eviction suit, retaliation is an affirmative defense. For example, if a tenant reported you to the city for a serious code violation and you immediately served an eviction notice, the tenant can raise retaliation. If the court believes the primary motive for eviction was retaliatory, the eviction will be denied.

Impact: Judge rules in tenant’s favor; in some cases, the tenant could be entitled to damages or penalties in a separate proceeding. How to avoid: Never time an eviction to punish a tenant for asserting their rights. Document legitimate reasons for any eviction and ensure you have evidence of a real breach or valid cause, especially if it’s soon after a dispute or complaint. Retaliation can also be a counterclaim (though JP court may not handle damages), but it will certainly undercut the eviction case.

Discrimination: A tenant might claim the eviction is based on illegal discrimination (race, religion, sex, familial status, disability, etc., under the Fair Housing Act). For instance, if a landlord evicts a tenant right after the tenant announces she’s pregnant or after landlord made discriminatory remarks, the tenant could raise this. While JP courts won’t litigate a full discrimination lawsuit, a clear showing of discriminatory intent could sway a judge to deny the eviction or at least delay it.

Impact: Potentially dismissal of the eviction, and the landlord may face separate fair housing complaints or lawsuits. Landlords should ensure evictions are based on business and lease reasons only, applied consistently, and avoid any comments or actions that could be perceived as bias.

Procedural Defenses (Service of Citation, etc.): A tenant could claim they weren’t properly served with the eviction lawsuit papers (though if they actually show up in court to make that claim, service likely succeeded or they got notice somehow). If service truly failed and the tenant didn’t appear, the case might get reset. Another procedural defense is if the landlord filed the suit too soon (before the notice period ended) – this overlaps with defective notice. If a landlord files even one day early, the tenant will win on that defense and the case is dismissed.

Payment or Redemption: Sometimes a tenant will show up with the rent money (or deposit it into the court) on the hearing day, asking for another chance. Texas law doesn’t provide an automatic right to “redeem” the tenancy by paying all owed rent after an eviction is filed (unlike some states). However, a JP judge might use discretion – occasionally, if a tenant tenders all rent and late fees due before judgment, a landlord might agree to dismiss the case or the judge may encourage a settlement. As a strict legal matter, the landlord doesn’t have to accept late payment at that stage and can insist on possession. But be aware of this scenario as a practical matter. If you refuse a full payment that the tenant brings to court, some judges will still grant you possession, but others might be sympathetic to the tenant and find another reason to delay (especially if the tenant fell behind for reasons like job loss but now has the money).

Impact: This is more of a settlement opportunity than a defense – you could choose to accept the money (perhaps plus court costs) and let the tenant stay (in which case, document any agreement to dismiss the case if paid).

Active Military Service: Under the federal Servicemembers Civil Relief Act (SCRA), if a tenant is on active duty military, they have certain protections. An eviction of an active servicemember for rent below a certain threshold requires a court to allow a stay (delay) if the member’s ability to pay or attend the hearing is materially affected by their service. If, for example, a tenant is deployed and unable to appear, the court might stay the proceedings 90 days. Also, if the tenant is active military and you did not file a military affidavit, the court will not issue a default judgment until an attorney is appointed to represent the servicemember’s interests.

Impact: Potential delay or additional steps if tenant is in military. (This defense doesn’t typically stop an eviction ultimately, but it can slow it down.)

Landlord’s Own Breach / Waiver: A tenant might argue that the landlord’s wrongful conduct excuses the tenant’s breach. For instance, if the landlord habitually accepted late rent without complaint, the tenant might claim the landlord waived strict due dates. Or if the landlord violated the lease (e.g., failed to provide essential services), the tenant might claim “constructive eviction” (they were forced out or justified in withholding rent). These arguments sometimes come up but can be tricky. A landlord can counter that a one-time acceptance of late rent is not a waiver of the right to evict for a subsequent default, especially if the lease has a non-waiver clause. Nonetheless, be prepared to address any claims that you gave permission or didn’t enforce rules previously.

How Defenses Impact the Process: If a tenant successfully proves a defense at the JP court, the immediate result is you lose the eviction case – meaning no writ of possession will issue, and the tenant stays (at least for now). Some defenses (like retaliation) might not just result in dismissal but could expose the landlord to monetary penalties under the law (retaliation can lead to the tenant recovering a civil penalty and fees in a separate suit). If a case is dismissed without prejudice (for example, for defective notice or premature filing), you can correct the issue and refile the eviction. That will add a few more weeks to remove the tenant. If you believe the JP court wrongly ruled for the tenant on a defense, you have the same 5-day window to appeal the case to the county court for a fresh trial.

Preventing Defenses: The best strategy is proactive:

Always follow the legal requirements (proper notice, proper service, correct timing) to eliminate procedural defenses.
Keep the property in good repair and respond to repair requests in writing, so a tenant can’t easily claim neglect.
Document tenant violations (photos, complaints, incident reports) to prove your case.
Avoid any hint of retaliatory or discriminatory motive – stick to the lease terms and treat all tenants the same.
If a tenant does raise a defense, remain calm and provide any counter-evidence. For example, if they claim retaliation, you might show that you began eviction for nonpayment before they ever complained, or that the complaint they made was resolved but they still didn’t pay rent.

In summary, Texas law gives tenants certain protections but also gives landlords a clear path to evict when leases are violated. By being diligent and fair, you can minimize the likelihood that a tenant will successfully use a defense to derail the eviction. Knowing these common defenses allows you to prepare for them (for instance, bringing proof of the notice and its delivery method to counter a “defective notice” claim, or records of repair requests and fixes to counter a habitability claim). If a defense has merit, it may be better to negotiate with the tenant (e.g., give them a bit more time to move out, or work out a payment plan) rather than litigate and lose – especially in cases of potential retaliation or if you did mis-step on procedure. But if you’ve done everything right, understanding these defenses will simply give you confidence in addressing any arguments the tenant might raise.

6. Writ of Possession: How to Remove the Tenant with the Constable or Sheriff

Obtaining a Writ of Possession is the final step to physically remove a tenant who has not moved out after an eviction judgment. Texas strictly forbids “self-help” evictions (you cannot just change locks or put out a tenant’s belongings without a writ), so this writ is the legal means to reclaim your property. Here’s the procedure and what to expect:

After Judgment – Wait 5 Days: Once you have an eviction judgment in your favor (either from the JP court or, if appealed, from the county court), you must generally wait at least five days before you can get a writ of possession. This is the appeal period for the tenant. During this time, the tenant can still voluntarily move out. Do not remove the tenant or their property during this period – the tenant is entitled to remain until the writ is issued and executed. If the tenant appeals, the case is on hold and you cannot get a writ (you’d proceed in the county court). If the 5 days pass with no appeal, you’re clear to proceed.

Requesting the Writ: Go to the Justice Court (or the court that issued the judgment) on or after day 6 and file a request for the Writ of Possession. This is often a simple one-page application or motion. You’ll pay the writ issuance fee and possibly an officer fee (commonly the total is around $125–$185 depending on locality; e.g., one county charges $180 for the constable’s fee). The judge or clerk will review that no appeal was filed and then issue the writ. The writ is essentially an order addressed to any sheriff or constable of the county, commanding them to take possession of the property and put you (the landlord) back in possession.

Immediate Possession Bond (Rare): If during your case you filed an Immediate Possession Bond (a special bond allowed by Rule 510.5 and Property Code §24.004), and the court approved it, you might have gotten a writ issued immediately upon a default judgment without waiting 5 days. This is not commonly used except in situations where speed is crucial and the tenant didn’t appear. It requires posting a bond and special notice to the tenant when filing the case. If you did this, you likely already know the procedure; for most landlords, standard writ after 5 days is the path.

Coordination with Law Enforcement: Once the writ is issued, the constable or sheriff’s office will execute it. The court typically sends the writ to the constable in the precinct of the property. It’s a good idea to call the constable’s office to verify they received it and to schedule the eviction. Under Texas law, the officer must post a 24-hour warning notice on the premises before carrying out the writ. In practice, the constable will go to the property, post a notice (often bright colored) on the front door stating that a writ of possession has been issued and giving the exact date and time after which the constable will return to evict (e.g., “NOTICE: On or after July 15, 2025 at 10:00 AM, a Writ of Possession will be executed and you must vacate”). The law requires that the specified time be at least 24 hours after posting. Many constables will choose a time slightly beyond 24 hours to schedule with you.

Landlord’s Responsibilities for the Writ Execution: The landlord or their agent should be present when the constable comes to execute the writ. You will need to provide access to the property (keys or locksmith) and labor to move the tenant’s belongings out. The constable is there to keep the peace and supervise; they do not provide moving crews. Come prepared with enough people (or hire professional eviction movers) to carry furniture, etc., and with tools (boxes, bags, etc.) if needed. You should also have new locks to change out the locks immediately once the tenant is out.

The Eviction Day (Execution of Writ): At the appointed date and time, the constable meets you at the property. If the tenant is still there or has belongings inside, the constable will take charge. According to the writ order, the officer will instruct the tenant to leave immediately and, if the tenant or others refuse, the officer can physically remove them from the unit. The constable can use reasonable force, including removing people and their property, with no liability for damages if done in good faith. Often, just their presence is enough to ensure compliance. Next, the officer will oversee the removal of all of the tenant’s personal property from the unit. Texas law allows property to be placed outside the unit at a nearby location – typically, the curb or edge of the property. The law explicitly says the items should not block a public sidewalk, passageway, or street, and also prohibits removing items if it’s precipitating (raining, sleeting, snowing) at that time. If bad weather is occurring, the constable might delay the execution or allow items to be placed in a protected area if available. In some cities, the local government or constable might provide a large container or dumpster for the tenant’s belongings as a courtesy, but this isn’t common everywhere. In most cases, the tenant’s property is just set out on the curb or lawn. Once everything is out, the constable will consider the writ executed.

At that point, you (the landlord) should immediately change the locks. The constable may actually require you to do so to secure the premises. The tenant is not entitled to regain entry after execution. (Execution of the writ legally ends the tenant’s possession. Unlike a lockout without an eviction, you do not have to give a key or allow re-entry once a writ has been executed, even if the tenant comes back for belongings – those belongings are now outside for them to collect.)

Aftermath of the Writ: The tenant’s personal items that were set out are considered abandoned in terms of landlord-tenant law. The landlord has no obligation to store them. Often, tenants will gather their things from the curb within a few hours. Unfortunately, sometimes items are scavenged or ruined – that is a risk to the tenant. The landlord is shielded from liability for losses resulting from the execution of the writ by the officer. If a tenant later claims something was missing or damaged, the law generally doesn’t hold the landlord responsible as long as the constable followed procedure.

One note: Avoid any actions that could be seen as disposing of tenant property before the writ is executed. For example, do not start removing tenant items or put them in storage prior to the constable’s arrival – wait for the official writ execution. After the writ, if large items remain on the curb and the tenant hasn’t retrieved them in a reasonable time, you might contact your city for bulk trash pickup or otherwise dispose of them. The law even authorizes the officer to engage a bonded warehouseman to remove and store property at no cost to you if needed, though in typical residential evictions this is not done.

Using Law Enforcement Only: Remember, at no point should a landlord independently try to evict the tenant by force or threats. Lockouts or utility shut-offs done outside of this process are illegal and carry civil penalties. For instance, if you change the locks without a writ, the tenant can get a court order to re-enter and you may owe them damages. Always use the courts and constable for removal.

In summary, the writ of possession stage involves coordination with the constable and a bit of physical work to clear out the unit. It’s the final legal step to repossess your property. Most tenants leave on their own once they see the 24-hour notice or certainly when the constable arrives. Those that don’t will be escorted out. By following the constable’s instructions and the statute’s requirements (like the 24-hour posting), you ensure the removal is done safely and lawfully. Once it’s over, you have your property back and can proceed to clean, change locks, and get it ready for a new tenant. If the tenant attempts to return or causes trouble after the writ is executed, they can be trespassed or handled by law enforcement as needed, since their rights of possession are fully terminated.

7. Official Texas Landlord-Tenant Forms and Court Resources

Landlords in Texas have access to a variety of official forms and legal resources to help navigate evictions and other landlord-tenant matters. Below is a list of key forms and resources (with links) that you should know about:

Texas Property Code & Rules (Official Statutes): The laws governing evictions are primarily in the Texas Property Code, Chapter 24 (Forcible Entry and Detainer), and the general landlord-tenant provisions in Chapter 92 (Residential Tenancies). You can read these laws on the official Texas statutes website or find them cited on legal resource sites. For example, Property Code §24.005 covers the notice to vacate requirements, and §24.0061 covers the writ of possession. Additionally, the Texas Rules of Civil Procedure, Rule 510 (in Part V of the TRCP) outlines the special procedural rules for eviction cases in justice courts. You can find Rule 510 on the Texas Courts website or in PDF format via the State Law Library. Knowing these statutes and rules is helpful for understanding the process or if you need to cite them in court.

Texas Justice Court Training Center (TJCTC) – Eviction Forms: The Texas Justice Court Training Center provides standardized forms for use in Justice Courts. These are “official” in the sense that many JPs accept them statewide. On the TJCTC website, there is a Self-Represented Litigants section for evictions that offers free form downloads. Key forms include: Petition for Eviction (Complaint) – a form to initiate the eviction casetjctc.org; Statement of Inability to Afford Court Costs – if a landlord or tenant needs to file without paying fees (fee waiver)tjctc.org; Appeal Bond form – for appeal purposestjctc.org; and others like Writ of Execution or Writ of Garnishment applications (if pursuing a money judgment collection)tjctc.org. These can be accessed online (the TJCTC forms are often in Word or PDF format). Using the standardized petition form helps ensure you include all required information (for example, it has checkboxes for grounds for eviction and asks about the notice to vacate given, etc.).

Texas State Law Library – Landlord/Tenant Guide: The Texas State Law Library maintains an excellent online guide for Landlord/Tenant Law, including an Eviction Process section and a Legal Forms section. They aggregate resources such as links to the statutes, info on the CARES Act 30-day notice requirement, and links to forms. For instance, they link to the TJCTC forms mentioned above, and to TexasLawHelp toolkits. The State Law Library’s website is a reliable and up-to-date source for both official law text and practical guides. They even have FAQs (frequently asked questions) – one of which we cited in this guide – that break down the eviction steps in plain language.

TexasLawHelp.org – Eviction and Landlord/Tenant Forms: TexasLawHelp is a project of legal aid organizations and is partially supported by the Texas Access to Justice Foundation. It provides free forms and toolkits, mostly geared towards tenants (like an Answer to an Eviction form, or a pauper’s appeal affidavit form), but it has useful info for landlords too. Notably, it has an interactive Eviction Petition form interview on their site that guides landlords in filling out a petition, and articles on how to handle a case. It’s not an official government site, but the information is reputable and written for non-lawyers.

Justice of the Peace Court Websites: Many counties in Texas have their own JP court web pages that provide local instructions and downloadable forms. For example, Dallas County, Travis County, Harris County etc., have eviction filing instructions and PDF forms on their websites. These often include: a sample Petition for Eviction, a required Military Service Affidavit form, and sometimes an Information Sheet about the tenant (for service details). It’s a good idea to visit your specific county’s JP website or call the court to see if they have a packet of forms or any local rules. (Some courts have local standing orders about mediation or about how many days they’ll hold a writ after issuance, etc.)

Official Notice to Vacate Template: There isn’t one single “official” notice to vacate form provided by the state, but many reputable organizations provide templates. For instance, the Texas Apartment Association (TAA) and Texas Realtors (TAR) have standardized notice forms for their members. If you’re not a member of those, you can find free templates from sites like TexasLawHelp or eForms. Just be sure any template you use complies with Texas Property Code 24.005 (e.g., includes the required wording if you plan to recover attorney’s fees, states the tenant’s name, address, and an unequivocal demand to vacate by a deadline). The notice should also be tailored to the reason (some templates are labeled “Notice to Vacate for Nonpayment” or “Notice to Cure or Vacate” for other violations – either is fine as long as it ultimately demands possession if not cured).

Court Locator and Information: The Texas Judiciary website has a directory of all Justice of the Peace courts. If you need to find contact information or addresses for the JP courts in your county, you can use the county’s official site or the Texas Courts website. Additionally, the Texas Courts site has information on the now-closed Texas Eviction Diversion Program (a COVID-era rental assistance program) – while that program ended, it’s useful to know about rental assistance resources generally (directing a struggling tenant to rental aid can sometimes avoid an eviction). The State Bar of Texas also offers a free legal hotline and the pamphlet “Tenant Rights in Texas” which can be a resource for understanding the law (and by extension, what you as a landlord must do).

Legal Aid and Mediation Resources: While not exactly “landlord forms,” be aware that many tenants will get information from legal aid groups like Legal Aid of Northwest Texas, Texas RioGrande Legal Aid, etc. Their websites often have guides that explain the eviction process (we referenced the Texas Tenant Advisor site, which is supported by legal aid, earlier). As a landlord, reading those can give insight into how tenants are advised to respond. Some counties also have mediation services – occasionally a court will refer an eviction to mediation if both parties agree. Check your local dispute resolution center if you think a compromise is possible; they may have forms like an agreed judgment form if you settle with the tenant (for example, giving them two extra weeks to move out, which can be made into a binding agreed order).

Key Links Summary:

Texas Property Code, Chapter 24 – Texas Legislature Online: contains eviction statutes.
Texas Property Code, Chapter 92 – for general landlord-tenant law (security deposits, landlord duties, retaliation (92.331), etc.).
Texas Rules of Civil Procedure 510 – Texas Courts (Rule for Eviction Cases).
Texas Justice Court Training Center – Eviction Forms and Info Packettjctc.org: Includes petitions and step-by-step info for filing an eviction.
Texas State Law Library – Landlord/Tenant Law Guide (online): Contains FAQs, process explanations, and links to forms and statutes.
TexasLawHelp Eviction Toolkits: e.g., Eviction Petition for Landlords, Eviction Answer for Tenants, Appeal for Tenants, etc. (texaslawhelp.org).
County-specific JP Court Forms: (Dallas County JP Courts’ Petition for Eviction, Harris County JP, Travis County JP eviction info, etc.) – check your county’s official site.
Military Status Verification: Department of Defense SCRA website (to generate proof of non-military status for your affidavit).

Using the above official forms and resources will help ensure you are following the correct procedures. They are designed to be compliant with current Texas law (for example, the TJCTC petition form includes a statement about whether the property is under the CARES Act, which was an important addition post-2020). Always make sure you’re using the latest versions of forms (check that forms are updated as of the current year or at least reflect any recent law changes). If in doubt, contacting the Justice Court clerk for guidance on what forms are accepted is a good step – clerks can’t give legal advice, but they can often point you to the right forms to use.

Finally, keep copies of everything for your records – the notice, the petition, the judgment, etc. If you need to consult an attorney at any stage or if the tenant appeals, having all the documentation in order will save time. The Texas State Law Library and TexasLawHelp are also great for finding official court links, such as the Justice Courts’ websites or PDF brochures on eviction. This ensures you’re not relying on potentially outdated or non-Texas-specific information from random internet sources.

8. Common Landlord Mistakes (and How to Avoid Them)

Even well-intentioned landlords can make errors during the eviction process that jeopardize their case or lead to legal trouble. Here are some common mistakes Texas landlords make in evictions – and tips on how to avoid them:

Failing to Give Proper Notice to Vacate: By far the most frequent mistake is not giving the correct written notice before filing the eviction. This includes not giving any notice at all, giving less time than required, or giving a notice that is conditional or unclear. Texas law mandates a clear, written 3-day notice (or applicable period) demanding that the tenant vacate. Mistakes include posting a notice that says “Pay your rent or I will evict you” without a specific vacate deadline (not an unconditional notice), or filing the eviction too soon (within the notice period).

Avoidance: Always prepare a written notice that meets the legal requirements (see Section 1) – include the tenant’s name, address, date, reason for eviction (optional but good to include), and a *bold statement like: “You are hereby notified to vacate and surrender possession of [Address] by [Date], which is at least 3 days from delivery of this notice.” Deliver it properly (Section 2). And wait the full time – if in doubt, give an extra day or two.

Improper Service/Delivery of Notice: Some landlords tape the notice to the outside of the door without mailing it, which is improper unless certain conditions are met. Others slip a note under the door and assume that’s fine (technically should be attached inside or handed over). Or they send a text/email thinking that suffices (it does not).

Avoidance: Use one of the statutorily approved methods – personally deliver to tenant or adult occupant, or mail it, or inside-door post, or the special outside+mail method. Keep evidence (photo of posted notice, certified mail receipt, etc.). If you’re unsure, do two methods (e.g. hand deliver and also mail) for extra proof.

Self-Help Eviction Tactics (Illegal Lockout or Utility Shutoff): In frustration, some landlords try to force the tenant out by changing the locks, shutting off electricity/water, removing front doors, or other harassing tactics instead of going through the court. These are illegal in almost all circumstances. Texas Property Code §92.0081 strictly regulates lockouts (they’re only allowed for certain overdue rent situations and even then you must provide a key upon request). Shutting off utilities to compel a tenant to leave is flat-out prohibited (except temporarily for bona fide repairs). The penalties for illegal lockouts or utility disconnection are steep – a tenant can recover damages, attorney fees, plus statutory penalties (one month’s rent + $1,000 for utility cut-off, for example).

Avoidance: No matter how egregious the tenant’s behavior, do not resort to self-help. Always go through the eviction lawsuit and get a writ for a legal removal. If you lock out a tenant improperly, they can get an immediate court order (writ of re-entry) letting them back in, and you’ll be on the hook for penalties. Save yourself the trouble and follow the legal process. It’s understandable to want a quick solution, but taking illegal shortcuts will backfire in court (and the tenant will raise it as a defense or counterclaim).

Not Naming All Tenants or Proper Parties: If you lease to multiple adults or if there are adult occupants, failing to include them in the lawsuit is a mistake. An eviction judgment only covers the parties named. If you sue only one roommate and not the others, those others might claim they have a right to stay.

Avoidance: List all adult occupants in the petition (John Doe, Jane Doe, and “all occupants” if you want to be thorough). Check your lease for occupants’ names. If the tenant sublet to someone unknown, include “And all occupants” in the defendant field. For property purchased at foreclosure, make sure you’re suing the occupant by name if known (or “Occupant” if name unknown). Also, ensure you as the landlord have standing – if you’re not the owner or property manager, you need authority to evict. (For example, if the property is owned by an LLC, an employee or property manager can file, but make it clear it’s on behalf of the LLC.)

Filing in the Wrong Court or County: Eviction must be filed in the JP court where the property is located. If you file in the wrong precinct or county because it’s more convenient for you, it will be dismissed for lack of jurisdiction. Avoidance: Double-check the precinct map. Usually, each county has multiple JPs – pick the correct one for the property’s address. The clerks can often guide you if you call and provide the address.

Including Unrelated Claims in Eviction Suit: Some landlords try to sue for damages, utilities, or other breaches alongside the eviction. As noted, Justice Court eviction cases can include a claim for unpaid rent (and possibly late fees categorized as rent, if under the jurisdictional limit), but you cannot sue for things like the cost of repairing a hole in the wall or other monetary damages in the same case. Nor can you ask the JP to award you the security deposit or anything not pertaining to possession or rent.

Avoidance: Keep the eviction petition focused. If you have substantial damages or other claims, handle those separately (small claims case or negotiate after getting possession). This keeps the eviction straightforward and avoids confusing the JP’s jurisdiction.

Poor Documentation/Lack of Evidence: Coming to court without key documents – e.g. no written lease, no copy of the notice, no rent ledger – is a mistake. While it’s possible to evict even an oral month-to-month tenant, having a written lease makes the case stronger. If you forgot to bring the notice and the tenant disputes that it was given, the judge might side with the tenant.

Avoidance: Maintain an organized file for each tenant: lease, addendums, notices (with dates served), payment records, and any correspondence. Bring that file to court. If text messages or emails are evidence of something, print them out. Essentially, be over-prepared – it’s better to have it and not need it, than need it and not have it.

Losing Temper or Professionalism: It’s understandable for landlords to be frustrated – perhaps the tenant hasn’t paid rent for two months, or is damaging property. But showing anger or engaging in arguments with the tenant in front of the judge is a mistake. It can undermine your credibility.

Avoidance: Stay calm and stick to facts during the hearing. Don’t interrupt the tenant or the judge. Polite and professional demeanor will make the judge more inclined to rule in your favor, as it shows you respect the court process. Let the tenant be the one to rant or go off-topic – you remain the calm, law-abiding property owner just seeking what’s allowed under the lease.

Retaliatory or Discriminatory Actions: Starting an eviction in obvious retaliation (right after a tenant files a complaint or exercises a legal right) or indicating any discriminatory intent is not only a mistake but illegal. For example, saying “I’m evicting you because you called code enforcement on me” or “because I found out you’re pregnant and I don’t want kids in my property” would be direct evidence of unlawful motive.

Avoidance: Always base your eviction on legitimate lease breaches or end-of-lease terminations. If a tenant recently complained, ensure you have documented reasons that the eviction is for nonpayment or another valid cause, not the complaint. And never mention any protected class or retaliatory reason as a factor – focus solely on tenant’s conduct under the lease.

Accepting Rent During the Eviction Process (Waiver): If after giving a notice to vacate for nonpayment, you accept a substantial rent payment, you might accidentally void your notice. Texas law (Property Code §24.005(e)) implies that if you proceed with eviction after taking payment, you should probably issue a new notice unless the payment was for a different period. Similarly, if you sign a new lease or renewal with the tenant, you waive the right to evict under the prior lease.

Avoidance: Once you decide to evict for nonpayment, it’s safest to refuse partial payments (or if you accept one, be prepared that you may need to restart the process). If the tenant offers payment after you filed the case, you can choose to take it and agree in writing to dismiss the case if that resolves the issue – that’s fine as a settlement. But don’t accept money and then try to evict for the period that was paid for. Also, don’t accept any rent that would cover a period beyond the lease end if you’re evicting for holdover, as that could be seen as creating a new tenancy.

Not Following Through on Procedure (Defaults, Appeals): Another mistake is not following through after the judgment. For instance, landlord wins in JP court, tenant doesn’t move in 5 days, but the landlord waits weeks to get the writ – meanwhile, the tenant could be delaying or new issues arise. Or if the tenant files an appeal and the landlord doesn’t prepare for the county court trial, thinking the JP win was final – then loses on appeal due to lack of evidence or representation.

Avoidance: Be proactive: if you win and tenant hasn’t moved by day 6, file for the writ immediately. If the tenant appeals, consider consulting an attorney for the county court trial (especially if the amount of rent at stake is large or if the tenant got a free legal aid lawyer). Remember that an appeal means a brand-new trial – you’ll need to present your case again, possibly with stricter rules of evidence in county court.

Security Deposit Mistakes: While not exactly part of the eviction process, a common post-eviction mistake is mishandling the security deposit. Texas law requires landlords to refund the security deposit (minus damages) or provide an itemized deduction list within 30 days after the tenant surrenders the premises. Some landlords withhold the deposit without accounting for it, or try to apply it to rent while also suing for that rent (double-dipping). If you wrongfully withhold a deposit, you could owe the tenant three times the amount plus fees.

Avoidance: After regaining possession (either by tenant moving or via writ), document the condition, make deductions for damages beyond normal wear, and send the required refund or accounting to the tenant’s last known address. Do this even if the tenant owes rent – you can still apply it to rent due (after getting possession), but document it. This prevents the tenant from later claiming in another court that you improperly kept their deposit.

In summary, attention to detail and adherence to the law at each step will help you avoid most pitfalls. If you’re ever unsure about a step, use the resources in Section 7 or seek legal advice – a brief attorney consultation can be cheaper than a mistake that forces you to restart an eviction or pay a tenant’s damages. By avoiding these common mistakes, you’ll conduct evictions in a smooth, professional manner, improving your chances of a quick and successful repossession of your property.

Sources

Texas Property Code §§24.005, 24.0061 (notice and writ requirements)
Texas Property Code §§92.331, 92.335 (retaliation defense)
Texas Property Code §§92.008 & 92.0081 (prohibitions on utility cutoff and lockout)
Texas Rules of Civil Procedure Rule 510 (eviction rules)
Travis County JP4 Eviction FAQs (court procedure and timeline)
Texas State Law Library – “Eviction Process” FAQ
Texas Tenant Advisor – “Eviction” (tenant defenses and process from tenant perspective)
Jarrett Law Firm – “What NOT to Do” (landlord eviction prohibitions)

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