Texas's rule on how eviction works turns on a feature the national template does not capture: Texas requires Forcible entry and detainer in Justice Court for FED actions; appeal de novo to County Court.. Three-day (or lease-specified longer) notice to vacate for nonpayment/holdover must precede filing; other grounds have their own notice rules under Chapter 24 and the lease. The controlling authority is Tex. Prop. Code Chapter 24 (forcible entry and detainer). After notice, landlord files FED in justice court; trial is typically set within ~10–21 days; writ of possession follows judgment if the tenant does not vacate (supersedeas rules on appeal).
Key takeaways
- Process name: Forcible entry and detainer.
- Primary authority: Tex. Prop. Code Chapter 24 (forcible entry and detainer).
- Filing forum: Justice Court for FED actions; appeal de novo to County Court..
- Notice: Three-day (or lease-specified longer) notice to vacate for nonpayment/holdover must precede filing; other grounds have their own notice rules under Chapter 24 and the lease.
- Self-help lockouts: Self-help lockouts of residential tenants are generally prohibited; only a writ of possession authorizes removal.
Worked example under Texas law
The illustration below uses only rules already stated for Texas. It is a research hypothetical, not a prediction of what a court will do.
A residential landlord in Texas wants possession after unpaid rent and cannot use a lockout.
- Give the notice Texas actually requires: Three-day (or lease-specified longer) notice to vacate for nonpayment/holdover must precede filing; other grounds have their own notice rules under Chapter 24 and the lease.
- File Forcible entry and detainer in Justice Court for FED actions; appeal de novo to County Court. under Tex. Prop. Code Chapter 24 (forcible entry and detainer).
- Prove the tenancy, the ground, and proper notice. Tenant defenses include: Improper notice, payment, title issues (limited), repair-and-remedy counterclaims in some postures, and defective service.
- If the landlord prevails, possession is enforced by writ — Self-help lockouts of residential tenants are generally prohibited; only a writ of possession authorizes removal.
After notice, landlord files FED in justice court; trial is typically set within ~10–21 days; writ of possession follows judgment if the tenant does not vacate (supersedeas rules on appeal).
The Texas eviction / Forcible entry and detainer framework
After notice, landlord files FED in justice court; trial is typically set within ~10–21 days; writ of possession follows judgment if the tenant does not vacate (supersedeas rules on appeal).
Exact deadlines vary by county practice, service method, and whether the tenant answers. Commercial leases and subsidized housing can add federal or program-specific rules on top of Texas law.
Notice requirements before filing
Three-day (or lease-specified longer) notice to vacate for nonpayment/holdover must precede filing; other grounds have their own notice rules under Chapter 24 and the lease.
A defective notice is one of the most common reasons an eviction is dismissed without prejudice. Landlords should match the notice form and timing to the ground for eviction (nonpayment vs. cureable breach vs. no-cause termination where allowed). Tenants should keep the envelope, text, email, and posting photos.
Where the case is filed
Eviction actions in Texas are filed in Justice Court for FED actions; appeal de novo to County Court.. Service must follow Texas rules — personal service, substitute service, or posting/mailing combinations as authorized. Improper service can void a default judgment.
Hearing, judgment, and writ of possession
After service, the tenant usually has a short window to answer. At hearing the landlord must prove the landlord-tenant relationship, the ground for eviction, proper notice, and (for nonpayment) the rent due. If the landlord prevails, the court issues a judgment for possession and, after any statutory waiting period, a writ of possession executed by the sheriff or constable — not by the landlord personally.
Tenant defenses in Texas
Improper notice, payment, title issues (limited), repair-and-remedy counterclaims in some postures, and defective service.
Habitability, retaliation, and discrimination defenses can convert a simple nonpayment case into a longer civil action. Tenants asserting habitability should document repair requests; landlords facing those defenses should document inspections and cure efforts.
Self-help is not a shortcut
Self-help lockouts of residential tenants are generally prohibited; only a writ of possession authorizes removal.
Illegal lockouts can expose landlords to statutory damages, attorney's fees, and even criminal penalties in some jurisdictions. The lawful path is notice → Forcible entry and detainer → writ.
Practical tips
- Calendar every notice and answer deadline; eviction timelines are intentionally short.
- Bring the lease, ledger, notices, and proof of service to the first hearing.
- Search Texas opinions for “Forcible entry and detainer”, “writ of possession”, and “notice to quit” on LawDiver before a contested trial.
- Subsidized, mobile-home, and hotel-to-housing arrangements may follow different notice statutes — verify the housing type.
Case law: eviction and landlord-tenant in Texas
AMERICAN SPIRITUALIST ASS’N, Appellant, v. Lou RAVKIND Et Al., Appellees
…r opinion the judgment of the Justice Court in the suit for unlawful detainer was fatally defective as to defendant American Spiritualist Association, a corporation, for lack of service of citation. If we be mistaken as to the above conclusion, we must nevertheless hold for another reason that the Justice Court’s judgment was void for lack of jurisdiction. Art. 2387 Vernon’s An…
Practitioners open AMERICAN SPIRITUALIST ASS’N, Appellant, v. Lou RAVKIND Et Al., Appellees when Texas eviction / landlord-tenant turns on the distinction in this sentence: "Justice Court in the suit for unlawful detainer was fatally defective as to defendant American Spiritualist Association, a corporation, for lack of service of citation." Do not lift it out of the facts the court was deciding.
Willie SIMS v. CENTURY KIEST APARTMENTS
Willie SIMS v. CENTURY KIEST APARTMENTS, 1978 Tex. App. LEXIS 3404 (1978)
…173 N.W.2d 297 (retaliatory eviction allowed as defense to unlawful detainer action in view of urban renewal statute compa-rabie to Tex.Rev.Civ.Stat.Ann. art. 1269/-3 (Vernon 1965). See also Robinson v. Diamond Housing Corp., 150 U.S.App.D.C. 17, 463 F.2d 853 (1972) (extending holding in Edwards v. Habib to protect from retaliatory eviction a tenant who had successfully interp…
Willie SIMS v. CENTURY KIEST APARTMENTS is worth reading on Texas eviction / landlord-tenant because the court put the point in its own words: "N.W.2d 297 (retaliatory eviction allowed as defense to unlawful detainer action in view of urban renewal statute compa-rabie to Tex.Rev.Civ.Stat.Ann. art. 1269/-3 (Vernon 1965). See also Robinson v. Diamond Housing Corp., 150 U.S.App.D.C. 17, 463 F." Use that passage as the starting point, then read the facts that precede it.
Domingo Corrigan v. Chas. D. Fitzsimmons.
Domingo Corrigan v. Chas. D. Fitzsimmons., 97 Tex. 595 (1904)
…essed by defendant in error by a suit of forcible entry and unlawful detainer. His application to purchase was at first accepted, but subse *597 quent thereto the Commissioner reinstated the purchase of defendant in error and canceled the award made to him. Upon the trial the plaintiff adduced testimony tending to show that the defendant was not an actual settler upon section 1…
Domingo Corrigan v. Chas. D. Fitzsimmons. is worth reading on Texas eviction / landlord-tenant because the court put the point in its own words: "His application to purchase was at first accepted, but subse *597 quent thereto the Commissioner reinstated the purchase of defendant in error and canceled the award made to him." Use that passage as the starting point, then read the facts that precede it.
Christian Anderson v. Jacob Zorn.
Christian Anderson v. Jacob Zorn., 62 Tex. Civ. App. 547 (1910)
…ff in this suit. That said suit was the statutory action of unlawful detainer by reason of default on the 'part of Zorn to pay rentals due from him to said Anderson. The issue in said suit was the right of possession of said premises. That plaintiff herein was duly served with citation in said suit and the judgment therein is pleaded in bar of the right of said Zorn to maintain…
Christian Anderson v. Jacob Zorn. is worth reading on Texas eviction / landlord-tenant because the court put the point in its own words: "That said suit was the statutory action of unlawful detainer by reason of default on the 'part of Zorn to pay rentals due from him to said Anderson. The issue in said suit was the right of possession of said premises." Use that passage as the starting point, then read the facts that precede it.
I. B. Wilson v. Ella Moore Et Al.
I. B. Wilson v. Ella Moore Et Al., 57 Tex. Civ. App. 418 (1909)
…in, but having failed to pay the rent monthly in advance an unlawful detainer suit was filed on October 17, 1907, against him in the Justice’s Court of precinct No. 1 of Johnson County. On November 22, 1907, a writ of restitution was issued out of the Justice’s Court of precinct No. 1 of Johnson County directed to the sheriff ok any constable of Johnson County, commanding him t…
Texas opinions such as I. B. Wilson v. Ella Moore Et Al. are cited where eviction / landlord-tenant is disputed. The court stated: "October 17, 1907, against him in the Justice’s Court of precinct No. 1 of Johnson County. On November 22, 1907, a writ of restitution was issued out of the Justice’s Court of precinct No." That is the language to brief; the rest of the decision supplies the procedural posture.
David Irwin Et Al. v. J. B. Davenport
David Irwin Et Al. v. J. B. Davenport, 84 Tex. 512 (1892)
GAINES, Associate Justice. — This is an action of unlawful detainer, and was brought in a Justice Court of Medina County, by appellee against appellants. There was a judgment for appellee in that court, as well as in the District Court, to which an appeal was taken. The defendants made a motion in the Justice Court to quash the citation, which was overruled. The motio…
Texas opinions such as David Irwin Et Al. v. J. B. Davenport are cited where eviction / landlord-tenant is disputed. The court stated: "GAINES, Associate Justice. — This is an action of unlawful detainer, and was brought in a Justice Court of Medina County, by appellee against appellants. There was a judgment for appellee in that court, as well as in the District Court, to which an appeal was taken." That is the language to brief; the rest of the decision supplies the procedural posture.
Frequently asked questions
How does eviction work in Texas?
Texas uses Forcible entry and detainer under Tex. Prop. Code Chapter 24 (forcible entry and detainer). After notice, landlord files FED in justice court; trial is typically set within ~10–21 days; writ of possession follows judgment if the tenant does not vacate (supersedeas rules on appeal).
How much notice does a landlord have to give?
Three-day (or lease-specified longer) notice to vacate for nonpayment/holdover must precede filing; other grounds have their own notice rules under Chapter 24 and the lease.
Can a landlord change the locks without going to court?
Self-help lockouts of residential tenants are generally prohibited; only a writ of possession authorizes removal.
What defenses can a tenant raise?
Improper notice, payment, title issues (limited), repair-and-remedy counterclaims in some postures, and defective service.