Texas eviction rules for tenants

Notice for unpaid rent

At least 3 days' written notice to vacate before the landlord can file, unless the lease sets a shorter or longer period (many leases say 1 day). If you were never late before that month, the notice must be a 'notice to pay rent or vacate'. Since January 1, 2026, the notice may be mailed, left inside the home in a visible place, handed to anyone 16 or older in the home, or emailed if you agreed in writing.

Notice for a lease violation

Same 3-day notice to vacate (or the period in the lease). No right to cure is required by statute.

Ending a month-to-month tenancy

At least one month's notice by landlord or tenant, unless you both signed an agreement setting a different period. Tex. Prop. Code § 91.001.

Time to respond to an eviction lawsuit

The trial must be set 10 to 21 days after the landlord files, and not sooner than 4 days after you are served (postponed no more than 7 days unless both sides agree in writing). A written answer is not required but is a good idea; you must appear at trial or you can lose by default. WARNING: if the papers include a 'motion for summary disposition', you must file a written response with facts and documents within 4 days after you are served, or the judge can rule against you without a trial. If you lose, you have 5 days after the judgment is signed to appeal to county court (bond, cash deposit or sworn statement that you can't afford costs). Day counts include weekends; if the last day is a weekend or holiday, you get until the next business day. Tex. Prop. Code §§ 24.0042, 24.0051, 24.005106, 24.005107.

Lockouts and utility shutoffs

A landlord may not shut off utilities (except for repairs or emergencies) or remove doors, locks or appliances. Texas does allow a landlord to change your locks for unpaid rent only if the lease allows it and the landlord gives advance written notice (5 days by mail or 3 days by hand delivery or posting inside your door) and provides a new key at any hour, even if you don't pay. Violations: one month's rent plus $1,000, actual damages and attorney fees. Only a constable or sheriff with a writ can remove you.

Court self-help

The court's eviction self-help page

Law

Tex. Prop. Code §§ 24.005, 24.0051, 24.0061, 91.001, 92.008, 92.0081

For 6 months after you exercise a legal right, give a repair notice, complain in good faith to a code agency, utility or nonprofit, or join a tenant group, the landlord may not file an eviction (except for listed reasons such as unpaid rent), cut services, raise rent, end your lease, or harass you. Remedies include one month's rent plus $500, damages, moving costs and attorney fees. Tex. Prop. Code §§ 92.331-92.333.

Notice of a rent increase

No statute sets a notice period for rent increases. Rent can't go up during a fixed-term lease unless the lease allows it. A month-to-month tenancy can be ended with one month's notice (Tex. Prop. Code § 91.001), so landlords usually give at least that much notice of a change.

Rent control

No statewide rent control. Cities may adopt rent control only in a declared disaster housing emergency with the governor's approval. Tex. Local Gov't Code § 214.902.