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Legal information

Texas eviction laws

Understand the current statutes and court rules that shape notices, filings, hearings, appeals, and possession.

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01

Key legal sources

Texas Property Code Chapter 24 governs forcible entry and detainer actions. Texas Rules of Civil Procedure 500–510 govern Justice Court practice, including eviction cases.

  • ✓ Texas Property Code §24.005 — notice before filing
  • ✓ Texas Property Code §24.0061 — writ of possession
  • ✓ Texas Rule of Civil Procedure 510 — eviction cases
  • ✓ Federal and local protections may also apply
02

2026 nonpayment-notice requirement

For a possession claim based solely on nonpayment, Section 24.005 now distinguishes between a tenant who was not previously late or delinquent before the notice month and one who was. A first-time delinquency in that period requires a notice to pay rent or vacate; if the tenant was previously late or delinquent, either that notice or a notice to vacate may be permitted. The lease and case facts still control the required notice period.

03

No self-help eviction

Changing locks, removing property, shutting off utilities, or forcing a tenant out outside the lawful process can create serious liability. Use the court and constable process.

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