Texas Eviction Law at a Glance
State Statute
Tex. Prop. Code §24.005 — Texas Property Code — Forcible Entry and Detainer
Notice Periods
- Nonpayment: 3-Day Notice to Vacate (Unless Lease Specifies Different)
- Lease violation: 3-Day Notice to Vacate
- Unconditional: 3-Day Notice to Vacate
- End of tenancy: 30-Day Notice to Vacate (Month-to-Month)
Available Defenses
- Habitability (Tex. Prop. Code §92.052)
- Retaliation (Tex. Prop. Code §92.331)
- Procedural defects
- Discrimination (Fair Housing Act)
Right to Cure
NO — Texas does not require a mandatory cure period — 3-day notice to vacate (unless lease specifies different period)
Self-Help Eviction
PROHIBITED — Landlord must use court process (Tex. Prop. Code §92.0081)
Court & Filing
Justice Court
Landlord must file forcible detainer suit in justice court after notice period expires
Complaints: Texas Attorney General Consumer Protection Division
Additional Protections
- Lease may specify a different notice period (shorter or longer than statutory 3 days)
- Self-help eviction prohibited — lockouts subject to penalties
- Retaliatory eviction prohibited within 6 months of repair request or code complaint
Free preview. $9.99 for the clean, court-ready PDF.
Texas Eviction Response FAQ
How many days do I have to respond to an eviction notice in Texas?
In Texas, the response deadline depends on the type of eviction notice: Nonpayment: 3-Day Notice to Vacate (Unless Lease Specifies Different); Lease violation: 3-Day Notice to Vacate; Unconditional: 3-Day Notice to Vacate; End of tenancy: 30-Day Notice to Vacate (Month-to-Month). Missing your deadline can result in a default judgment and forced move-out.
What defenses can I raise against eviction in Texas?
Available defenses in Texas include: Habitability (Tex. Prop. Code §92.052), Retaliation (Tex. Prop. Code §92.331), Procedural defects, Discrimination (Fair Housing Act). The availability depends on your specific circumstances.
Does Texas require landlords to give tenants a right to cure?
No. Texas does not require a mandatory cure period — 3-day notice to vacate (unless lease specifies different period)
Can my landlord evict me without going to court in Texas?
No. Under Tex. Prop. Code §92.0081, self-help eviction is prohibited in Texas. Your landlord must file in Justice Court and obtain a judgment.
What should I include in an eviction response letter in Texas?
Your letter should: (1) identify the notice by date and type, (2) cite Tex. Prop. Code §24.005, (3) assert applicable defenses, (4) demand proper legal procedure, (5) state your intent to defend in court, and (6) be sent via certified mail.
Where can I file a complaint against my landlord in Texas?
File complaints with the Texas Attorney General Consumer Protection Division and the U.S. Department of Housing and Urban Development (HUD). For illegal self-help eviction, contact local law enforcement.
Eviction Response Letters by State
Select your state to see your specific protections.