If you are facing an eviction, understanding how the process works may help you feel less anxious about what will happen. The video and links below contain general overviews of how evictions happen and can help you know what to expect.

There are many legal terms used in the eviction process that non-lawyers may not know. Below are some terms and their definitions that are helpful to understand when facing an eviction. Other sections on this page will provide more information about how they factor in to the process.

Eviction proceedings do not mean that a tenant will immediately be removed from their home. There are many steps in the eviction process that each take a certain amount of time. Until a writ of possession is issued, the tenant can remain in their home.

• Step 1: Written Notice to Vacate. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing. The federal CARES Act requires a 30 day notice in certain evictions where the property participates in certain federal programs or the property owner has a federally-backed mortgage.
• Step 2: Filing of Eviction Suit. The eviction hearing cannot take place for at least 10 days after the petition is filed.
• Step 3: Judgment. Once a judgment has been issued, no further action can take place for 5 days. This time gives the parties the opportunity to appeal.
• Step 4 (optional): Appeal. If the tenant files an appeal, the hearing cannot take place for at least 8 days.
• Step 5: Writ of Possession. Once there is a final judgment, the landlord can ask the judge for a writ of possession. The constable must post a 24 hour notice before "executing the writ" and removing the tenant's property from the rental.

Note: The specific circumstances of your situation may result in a slightly varied timeline. This is a general example of how long it may take for an eviction suit to take from start to finish.

An eviction is not the same as a landlord choosing not to renew a lease once it ends. Evictions usually involve a tenant not paying rent on time or breaking a rule included in the lease. Evictions also require a notice to vacate, which is different than a notice of non-renewal.

Non-Renewal Notice

A notice of non-renewal is when the landlord or tenant notify the other that they will not be renewing the lease.

Some written leases require the tenant give a 30-day or 60-day notice of non-renewal to end the lease. Some written leases automatically renew on a month-to-month basis or for a longer period if neither party gives notice. It's important to review your lease for details on when and how each party should provide notice.

Unless the landlord and tenant have an agreement in writing stating otherwise, month-to-month leases can be terminated by either party giving the other party at least one month's notice.

• See our Ending the Lease page for information about ending a lease, including a month-to-month lease.
• See our Retaliation page for information about laws protecting tenants from certain types of retaliation.

What is landlord retaliation?

Some tenants fear that their landlord will punish them if they complain about problems with their apartment. This kind of punishment is called "retaliation." Section 92.331 of the Texas Property Code describes unlawful landlord retaliation, noting:

A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant:

  (1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute;

  (2) gives a landlord a notice to repair or exercise a remedy under this chapter;

  (3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant:

    (A) claims a building or housing code violation or utility problem; and

    (B) believes in good faith that the complaint is valid and that the violation or problem occurred; or

  (4) establishes, attempts to establish, or participates in a tenant organization.

What is prohibited?

Under this law, a landlord may not retaliate by:

• filing eviction proceedings (unless in certain circumstances listed in Section 92.332, like when a tenant is behind in rent, has intentionally damaged the property, or remains in the property after their lease has ended);
• depriving the tenant of use of the premises;
• decreasing services to the tenant;
• raising the rent or ending the lease; or 
• "[e]ngaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease."

What remedies does a tenant have?

Section 92.333 says a tenant may recover the following from a landlord:

• a civil penalty of one month's rent plus $500;
• actual damages;
• court costs; and
• reasonable attorney's fees.

The statute has more details about the types of suits a tenant could file. It also says that the court will subtract delinquent rents or other debts the tenant owes.

Texas Law

Understanding the Law

Forms

The library receives many questions about how to get people who are not on a formal, written lease to leave a home. This might include:

• Significant others
• Family members
• Guests
• Subtenants
• Roommates

Because leases in Texas do not have to be written, a spoken agreement allowing someone to stay at a house may constitute a lease. This would give the person some protections as a tenant.

Attorneys typically recommend that the safest way to remove a guest who doesn't have a lease is through the formal eviction process.