01Key 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
022026 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.
03No 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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