Fight an Illegal Eviction in Texas: Renter Steps & Rights

If you are a renter in Texas and believe your landlord is trying to evict you illegally, knowing your rights and the correct steps to take can make all the difference. Texas law protects both renters and landlords, but not every eviction is lawful. Here’s what you need to know to defend yourself, address lease violations, and use Texas’s official resources effectively.

Recognizing an Illegal Eviction in Texas

In Texas, it’s important to understand what makes an eviction unlawful. Generally, landlords must follow a strict process outlined in the Texas Property Code, Chapter 24 and provide specific notices before removing a tenant.

• No Eviction Notice: You must be given proper written notice, usually a 3-day Notice to Vacate, unless your lease says otherwise.
• Self-Help Eviction: Landlords cannot lock you out, remove your belongings, or cut off utilities to force you to leave—these actions are illegal "self-help" evictions.
• No Court Order: Only a Justice Court can issue an official eviction order. A landlord cannot personally evict you without a judge’s approval.

Learn more about what makes an eviction illegal with the Texas Attorney General’s landlord-tenant guide.

Your Rights and the Legal Eviction Process

Texas law shields renters from unlawful removals, but you have responsibilities, too. Understanding the eviction process helps you identify illegal actions and protect yourself.

• Notice: Landlord must provide written notice (typically 3 days before filing in court).
• Court Hearing: Landlords file a lawsuit in the local Justice Court. You have the right to receive a court summons and appear before a judge.
• Court Order Required: Only after a judge rules against you and issues a Writ of Possession can a constable physically remove you.

If any of these steps are skipped, the eviction could be illegal.

Steps to Take If You Are Facing an Illegal Eviction

If you think you’re dealing with an illegal eviction, act quickly. Here’s what you should do:

• Document Everything: Keep a record of communications, notices, and any actions taken by your landlord (e.g., changed locks, utility shut-off).
• Call Local Law Enforcement: If you are locked out without a court order, call your local police or sheriff. Show proof of your leasing status.
• File a "Request for a Court Order to Re-enter" (Form JPCO-EV-15): This official form lets you ask the Justice Court to order your landlord to let you back into your home. Use it if a landlord has locked you out illegally.
  Example: Maria returns home to find her locks changed without an eviction order. She completes and submits Form JPCO-EV-15 at her county’s Justice Court.
• Attend All Court Dates: If served a court summons, show up prepared. Bring all your evidence.
• Consider Legal Assistance: Legal aid or renter advocacy groups can offer guidance and may represent you in court.

Always respond to court documents on time to protect your rights and avoid default judgments.

Official Forms for Responding to Illegal Evictions

• Request for a Court Order to Re-enter (JPCO-EV-15):
  When to use: If a landlord locks you out without a court order.
  How to use: Fill out and submit this form in person at the Justice Court of the precinct where your home is located.
  Download the Request for a Court Order to Re-enter (Form JPCO-EV-15)
• Answer to Eviction Suit (JPCO-EV-04):
  When to use: If you receive court papers for an eviction case.
  How to use: Submit this form to the court to state your side and list defenses, such as illegal eviction.
  Download the Answer to Eviction Suit (Form JPCO-EV-04)

All Justice Court official eviction forms and instructions are available from the Texas Judicial Branch self-help eviction resources. When filing, bring your ID, lease agreement, and any evidence such as photos or text messages.

Where Eviction Cases Are Handled in Texas

Eviction cases in Texas are handled by Justice Courts in the county where the property is located. These courts decide on both legal and illegal eviction disputes.

Key Texas Legislation Covering Eviction Rights

• Texas Property Code, Chapter 24 – Forcible Entry and Detainer
• Texas Property Code, Chapter 92 – Residential Tenancies

These laws outline both landlord and tenant rights and responsibilities around lease violations, notices, and court procedures.

Frequently Asked Questions about Texas Illegal Evictions

1. Can a landlord lock me out without a court order in Texas?
   No. Landlords cannot change locks or remove you without a court-issued Writ of Possession. If locked out, you can ask for a court order to re-enter.
2. What if my landlord cuts off my utilities to force me out?
   This is an illegal self-help eviction method. You can call local law enforcement and file a complaint with the court.
3. How do I respond to an eviction lawsuit in Texas?
   Complete and submit the Answer to Eviction Suit (JPCO-EV-04) to the Justice Court before your court date. Always attend your hearing.
4. Where can I find official Texas eviction forms?
   Visit the Texas Judicial Branch eviction self-help page for all current forms.
5. What should I do if my landlord violates my rights or ignores the law?
   Contact your local Justice Court or legal aid service to seek guidance, and consider filing an official complaint.

Summary: Key Takeaways for Texas Renters

• Landlords must follow strict legal procedures and cannot evict without a court order.
• If you’re locked out or threatened with illegal eviction, act fast—document everything and use official forms to seek court protection.
• Court hearings are handled by local Justice Courts. Always participate and know your rights under Texas law.

Need Help? Resources for Renters

• Texas Judicial Branch – Eviction Self-Help (official forms and information)
• Texas Department of Housing and Community Affairs (tenant and eviction resources)
• Texas Attorney General: Landlord and Tenant Rights
• Texas Law Help (free legal information and eligible legal aid)
• To find your local Justice Court: Texas Justice Courts Directory

---

1. Texas Property Code, Chapter 24 – Forcible Entry and Detainer
2. Texas Property Code, Chapter 92 – Residential Tenancies
3. Texas Judicial Branch — Eviction and Official Forms
4. Texas Attorney General Landlord & Tenant Rights

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations