Evicting a tenant is one of the most challenging aspects of being a landlord. In Texas, the process is governed by strict legal requirements and tight timelines. Missing a step or making a mistake can cost you time, money, and even expose you to legal risk. Here’s what every Texas property owner needs to know about eviction, and why having a professional like Flat Fee Landlord on your side makes all the difference.
The Texas eviction process is designed to move quickly, but it’s important to follow each step precisely:
Notice to Vacate:
Before filing for eviction, landlords must provide tenants with a written notice to vacate. In most cases, this is a 3-day notice, but the lease can specify a different period. The notice must clearly state the reason for eviction and give the tenant a deadline to pay or move out.
Filing the Eviction:
If the tenant does not pay or move out by the deadline, the landlord can file an eviction lawsuit (called a “forcible entry and detainer” suit) in the local Justice of the Peace court.
Court Hearing:
The court will schedule a hearing, usually within 10-21 days after the filing. Both landlord and tenant can present their case.
Judgment and Appeal:
If the judge rules in favor of the landlord, the tenant typically has 5 days to appeal, pay, or move out.
Writ of Possession:
If the tenant does not leave, the landlord can request a writ of possession. The constable will then post a 24-hour notice before physically removing the tenant.
Total Timeline:
From notice to actual removal, the process can take as little as 3-4 weeks, but delays are common if paperwork is incomplete or procedures aren’t followed exactly.
Texas law is clear. Landlords must follow the letter of the law during evictions. Here are some key legal points:
Proper Notice:
The notice to vacate must be delivered in a legally acceptable way (in person, by mail, or posted on the inside of the main entry door).
No “Self-Help” Evictions:
Landlords cannot change locks, shut off utilities, or remove tenant belongings without a court order. Doing so can result in legal penalties.
Accurate records of lease violations, payment history, and all communications are essential. Courts require evidence.
Court Procedures:
Missing a court date, filing in the wrong jurisdiction, or submitting incomplete paperwork can result in dismissal. This will force you to start over.
Evictions are stressful, time-consuming, and legally complex. Here’s why working with a professional property manager like Flat Fee Landlord is the move you should make:
We know the ins and outs of Texas eviction statutes and local court procedures, reducing your risk of costly mistakes.
With the help of our external partners, our team handles every step, including serving notices to coordinating with the courts and constables. This ensures nothing falls through the cracks.
We act quickly to resolve issues, fill vacancies, and protect your rental income.
You avoid confrontations, paperwork headaches, and the emotional toll of the eviction process.
We keep you compliant with all state and local laws, shielding you from liability and potential lawsuits.
Evicting a tenant in Texas is a serious legal process with strict timelines and requirements. One misstep can delay your case or expose you to legal risk. Professional property management is about protecting your investment, your time, and your peace of mind.
With over 20 years of combined experience, Flat Fee Landlord has the experience, systems, and local expertise to handle evictions efficiently and legally, so you can focus on growing your portfolio, not fighting legal battles.
*The information provided in this blog post is for general educational and informational purposes only. It is not intended as legal advice and should not be relied upon as such. Laws and regulations may vary by jurisdiction and may change over time. For guidance specific to your situation, you should consult with a qualified attorney.
