Texas · Evictions · Updated Oct 2026

Texas eviction rules for tenants

The notices a landlord in Texas must give, how long you have to respond in court, why a lockout is illegal and where to get free legal help fast.

Short answer

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).

Notice for unpaid rent: 3 days
Time to respond in court: 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).
Lockouts: Partly banned

If you get an eviction notice

Read it closely: the kind of notice, the amount, the dates and how it was delivered. Use the timeline below.
Don't move out or stop paying because of a notice alone. Only a court can order an eviction; the notice is the first step.
Get free legal help now. Legal aid and the court's self-help center can check whether the notice is valid.
If you are served with court papers, respond by the deadline and go to every hearing. Missing one can mean losing by default.
Keep copies of the notice, your lease, rent receipts, texts and photos.

Eviction in Texas

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: Partly. 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

Eviction notice timeline for Texas

Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.

This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.

Where to get free help in Texas

Retaliation in Texas

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.

Rent increases and rent control in Texas

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.

Questions about eviction in Texas

How much notice does a landlord have to give for unpaid rent in Texas?

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.

How much notice for a lease violation in Texas?

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

How much notice is needed to end a month-to-month lease in Texas?

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.

How long do I have to respond to an eviction lawsuit in Texas?

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.

Can my landlord lock me out or shut off utilities in Texas?

Partly. 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.

More for Texas renters

Eviction in nearby states

Sources

Last checked: Oct 2026.