Tex. Prop. Code ch. 24, §§ 24.005, 24.006; ch. 92, §§ 92.0081, 92.0563, 92.109, 92.331; Tex. R. Civ. P. 500–510
Eviction in Texas — the notice to vacate, the five-day appeal, and what a tenant can counter with
A claim in Texas district and county courts · Last verified August 26, 2026
Eviction is the largest single category of civil filing in Texas, and it runs on rules almost nobody reads until they are in one. A forcible detainer suit decides the right to immediate possession and nothing else — not who owns the property, not what is owed, not whether the landlord behaved badly.
The tenant's leverage is on the other side of the ledger. Property Code chapter 92 attaches fixed statutory penalties to a wrongful lockout, a withheld security deposit, and a failure to repair — each with its own damages formula and its own fee award.
What the claim is
A landlord wants a tenant or occupant out and they will not leave. Or a tenant is suing over a lockout, a deposit, or conditions the landlord will not fix.
Where the right comes from
Statute — Property Code chapter 24 for eviction, chapter 92 for residential tenancies. Procedure is in the justice court rules, TRCP 500–510.
What a landlord has to prove — forcible detainer
- A landlord-tenant relationship, or a right to possession superior to the occupant's.
- Proper notice to vacate was given.
- The tenant refused to surrender possession.
- The suit was filed in the correct precinct — where the property is located.
The court decides possession. A claim for unpaid rent can be joined, subject to the justice court's jurisdictional limit, but title cannot be tried there.
What has to happen before the landlord files
Notice to vacate — § 24.005. At least three days' written notice to vacate before filing, unless the parties contracted for a shorter or longer period. Many leases shorten it to one day.
To recover attorney's fees — § 24.006. A landlord who wants fees must give a written demand to vacate at least 10 days before filing, delivered by registered or certified mail, stating that if the tenant does not vacate before the 11th day the landlord may recover attorney's fees. A lease that provides for fees is the alternative route, and § 24.006(d) gives the prevailing party its court costs.
How fast it moves
Faster than any other Texas civil case.
- The citation is served and the case is set quickly — justice court eviction dockets run on days, not months.
- Appeal to county court is by filing an appeal bond, cash deposit, or a statement of inability to afford costs within five days after the judgment is signed.
- The appeal is a trial de novo — the county court tries possession again from scratch.
- A tenant who appeals a nonpayment case may be required to pay rent into the court registry to stay in possession.
What the tenant can bring
Wrongful lockout — § 92.0081
A landlord may not lock out a residential tenant except in the narrow circumstances the statute allows, and must leave written notice of where a key can be obtained at any hour. A tenant who is unlawfully locked out may recover one month's rent plus $1,000, actual damages, court costs and reasonable attorney's fees, less any delinquent rent.
Security deposit — § 92.109
A landlord who in bad faith retains a deposit is liable for $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees. The landlord must refund the deposit, with a written itemisation of deductions, within 30 days after the tenant surrenders possession.
Repair and remedy — § 92.0563
Where a landlord fails to repair a condition materially affecting health or safety after proper notice, a justice court may order the repair and award a civil penalty of one month's rent plus $500, along with actual damages, court costs and fees.
Retaliation — § 92.331
A landlord may not retaliate against a tenant for requesting repairs, complaining to a governmental agency, or exercising a legal right. Retaliation is a defense to eviction and a claim in its own right.
Common defenses to an eviction
- Defective notice — wrong period, wrong method, wrong address.
- Wrong precinct.
- Rent was tendered and refused, or was accepted after the notice.
- Retaliation under § 92.331.
- The landlord is pursuing a title dispute, which the justice court cannot decide.
- Failure to follow the lease's own notice or cure provisions.
What people get wrong
An eviction decides possession, not ownership. A justice court cannot try title. If the case turns on who owns the property, it belongs in district court.
Self-help lockouts are tightly restricted. Changing the locks without complying with § 92.0081 is what produces the one-month-plus-$1,000 penalty.
The deposit clock is 30 days. From surrender of possession, with a written itemisation if any amount is withheld.
Five days to appeal. It is the shortest appellate deadline most Texans will ever face, and it is counted from the judgment.
Where it came from
Forcible entry and detainer is one of the oldest summary procedures in Anglo-American law, designed to give a possessor a fast remedy so disputes are settled in court rather than by force. Texas carried it into the justice courts and kept the speed.
Chapter 92 came the other way. The Legislature built the residential tenant protections in pieces from the 1970s onward — the security deposit rules, the repair and remedy procedure, the lockout penalties, the retaliation bar — each with a fixed statutory penalty so that a tenant with a small claim would have something worth enforcing.
Senate Bill 38, enacted in 2025, rewrote parts of chapter 24 practice, including venue, the computation of time, delivery of the notice to vacate, and the pace of service and disposition. It applies to an eviction suit in which the petition is filed on or after January 1, 2026.
Common questions
How much notice does a landlord have to give in Texas?
Three days to vacate before filing, unless the lease sets a different period. To recover attorney's fees, a 10-day written demand is required instead.
How long do I have to appeal an eviction?
Five days from the judgment, by appeal bond, cash deposit, or a statement of inability to afford costs.
Can the landlord change the locks?
Only in the narrow circumstances § 92.0081 allows, and the landlord must leave written notice of where a key can be obtained at any hour. Otherwise the tenant can recover one month's rent plus $1,000, actual damages, costs and fees.
When do I get my security deposit back?
Within 30 days after you surrender possession, with a written itemisation of any deductions. Bad-faith retention costs the landlord $100, three times the withheld amount, and your attorney's fees.
Can I raise the condition of the property as a defense?
Repair problems are handled through the § 92.0563 repair and remedy procedure and the retaliation provisions, rather than as a defense to possession.
Does the eviction decide who owns the property?
No. A justice court decides the right to immediate possession only.