Texas Landlord Eviction Checklist

Before you file, confirm that the reason for eviction is actually covered by the lease or by Texas law. Nonpayment of rent, holdover after lease expiration, and material lease violations are the most common grounds under Chapter 24 of the Texas Property Code. If the lease is oral rather than written, different notice requirements may apply, so check before you move forward.

Texas law requires a written notice to vacate before filing suit. For most lease violations, the default is a 3-day notice under Section 24.005 of the Texas Property Code, but your lease may specify a different timeframe. The notice must be delivered in person, by mail, or by posting on the inside of the main entry door. If the notice was not served correctly, the court could dismiss your case.

Count carefully. Under Texas Rule of Civil Procedure 21a, you exclude the day the notice is delivered and include the last day of the notice period. If you mailed the notice, add three extra days for mailing time. Filing the eviction petition even one day too early could result in dismissal and force you to restart the entire process from the beginning.

Eviction suits in Texas must be filed in the Justice of the Peace court in the precinct where the rental property is located. Filing in the wrong precinct is a common mistake that causes avoidable delays. Check the property address against the county's precinct map before you file, and confirm the court's current filing hours and accepted payment methods.

Bring a copy of the lease, the notice to vacate with proof of delivery, a ledger showing the rent owed (if the eviction is for nonpayment), any written communications with the tenant about the violation, and a government-issued photo ID. Having everything organized before the hearing helps the case move smoothly and shows the judge you followed every step correctly.