Evicting a tenant is never a decision landlords take lightly, but sometimes it’s necessary to protect your investment and maintain a safe, stable rental environment. In Texas, landlords benefit from a relatively streamlined legal process—but only if every step is followed correctly. If you’re wondering how to evict a tenant in Texas, this guide outlines each stage, from issuing notice to regaining possession, all while staying compliant with Texas law.
Understand Legal Grounds for Eviction in Texas
In Texas, you can evict a tenant for several valid reasons:
- Failure to pay rent
- Violating lease terms
- Staying beyond the lease expiration (holdover tenancy)
- Engaging in illegal activity on the property
Before taking any legal steps, ensure your reason for eviction is clear and well-documented. You’ll need this later if the matter goes to court.
For more on lease terms and their importance, see The Role of Lease Contracts and Move-Out Statements in Successful Debt Recovery.
Step 1: Deliver a Written Notice to Vacate
Texas law requires landlords to give tenants a written "Notice to Vacate" before filing an eviction lawsuit. For non-payment of rent, this notice can be as short as three days, unless the lease agreement specifies a different time frame.
The notice must be delivered by hand, by mail, or posted on the inside of the front door. Make sure to keep proof of delivery for court purposes.
Step 2: File an Eviction Suit (Forcible Detainer)
If the tenant doesn’t leave after receiving the notice, the next step is filing an eviction suit at your local Justice of the Peace court. You'll need to provide documentation including:
- The lease agreement
- Rent payment history
- Copy of the Notice to Vacate
Texas courts usually schedule hearings within 10 to 21 days, making it one of the faster states for processing evictions.
For a deeper dive into tenant delinquency, check out How to Handle Tenants Who Consistently Pay Rent Late.
Step 3: Attend the Court Hearing
At the hearing, both you and the tenant will present your case. Bring all necessary documentation and be prepared to explain why the eviction is justified. If the court rules in your favor, the tenant will typically have five days to vacate or appeal.
If the tenant refuses to leave after this period, you can request a Writ of Possession.
Step 4: Regain Possession of the Property
A Writ of Possession authorizes the local constable or sheriff to physically remove the tenant from your property. You are not allowed to lock them out or remove their belongings yourself—it must be done by law enforcement.
Timing can vary, but in many Texas counties, the writ is executed within a week.
To explore how collections fit into the post-eviction process, visit How to Collect Unpaid Rent After a Tenant Moves Out.
Consider Collections for Unpaid Rent
Even if the eviction is successful, you may still be left with unpaid rent and damage costs. That’s where partnering with a professional debt collection agency becomes essential.
At Advanced Collection Bureau, we specialize in rent recovery for landlords. From skip tracing tenants who have moved without notice to credit reporting and compliant communication, we help you recover money owed after eviction—without adding stress to your plate.
Learn about our process in Why Property Managers Partner with ACB for Debt Recovery.
Final Thoughts: Stay Legal, Act Quickly, Recover What’s Yours
The Texas eviction process is landlord-friendly, but only if you follow the proper legal channels. Acting too quickly or skipping steps could delay the process or even cost you your case. When done properly, though, evictions in Texas are relatively fast and enforceable.
And when unpaid rent remains after the tenant is gone, don’t carry that burden alone. Let ACB step in to recover the funds and restore your rental business to health.
Need help recovering rent after an eviction in Texas? Work with ACB today.
