Legal Grounds for Eviction and Tenant Defenses in Texas

If you're renting a home or apartment in Texas, it's important to understand the lawful reasons a landlord can evict you and the rights you have to defend yourself. Texas has specific laws on when and how a landlord may begin an eviction, the notice required, and the official process. This guide covers the recognized grounds for eviction, common tenant defenses, and the steps you can take when facing removal from your home.

What Are Legal Reasons for Eviction in Texas?

In Texas, a landlord can only evict a tenant for certain lawful reasons, known as "grounds for eviction." These are set out under the Texas Property Code – Chapter 24: Forcible Entry and Detainer. Common legal grounds include:

• Nonpayment of rent: Failing to pay rent on time and in full
• Lease violations: Breaking a term of your lease agreement (e.g., having unauthorized occupants or pets)
• Holdover tenancy: Staying after your lease or rental term has expired, and the landlord has given notice to vacate
• Criminal activity: Engaging in illegal actions or criminal activity on the premises

Each of these reasons requires the landlord to follow strict procedures before removing you from the property.

Legal Eviction Process in Texas

The Texas eviction process is regulated to protect both landlords and tenants. All official evictions are overseen by the Texas Justice Courts.

Notice to Vacate

Before filing for eviction, the landlord must give you a written "Notice to Vacate." This is usually a 3-day notice, but your lease may specify a different period. This notice must state why you are being asked to leave and give you a clear deadline to move out.

• If the eviction is for unpaid rent, you may be able to pay the amount owed within the notice period to prevent further action (unless your lease says otherwise).
• For other lease violations, the notice should describe what part of the lease was broken.

If you do not move out or resolve the problem by the end of the notice period, your landlord can file an eviction lawsuit ("Forcible Detainer Suit") in the local Justice Court.

Eviction Lawsuit and Court Proceedings

Once the case is filed, the court will serve you with an official notice (citation) and schedule a hearing. You have the right to attend, present evidence, and raise defenses. If the court rules in the landlord’s favor, an order will be issued to remove you, usually after a short grace period.

Common Tenant Defenses to Eviction

Even if you receive a notice to vacate, you may have valid defenses that can help you stay in your home. In court, you can explain why the eviction should not proceed. Common defenses include:

• The landlord did not follow proper notice procedures
• You paid rent, but the landlord claims otherwise (keep receipts!)
• The eviction is based on discrimination or retaliation (for example, you reported unsafe conditions)
• The property is unsafe or violates health codes, and you previously informed the landlord
• The landlord is evicting you for exercising a legal right (such as requesting repairs)

Official Forms for Texas Renters

• Answer to Eviction Suit (Justice Court)
  Download the Official Answer Form (Texas Justice Court)
  When and How to Use: If you are served with eviction papers, you can file an "Answer" with the Justice Court. This tells the court your side and any defenses. Example: Sarah receives a citation after her landlord files for nonpayment of rent, but she has proof she paid. She fills out and submits the Answer form before her hearing.
• Affirmative Defenses Attachment
  Affirmative Defenses Attachment (official PDF)
  When and How to Use: Attach this to your Answer if you have specific legal defenses, such as improper notice or retaliation. Example: Juan claims the landlord is evicting him for making a repair complaint, so he submits this attachment with his Answer.

For a full list of forms and help, visit the Texas Courts Self-Help: Eviction Process portal.

What Laws Govern Evictions and Renter Rights in Texas?

Evictions and tenant protections in Texas are covered under:

• Texas Property Code Chapter 24 – Evictions
• Texas Property Code Chapter 92 – Residential Tenancies

Reviewing these codes can give you a deeper understanding of your rights and what landlords can and cannot do during the eviction process.

Frequently Asked Questions about Texas Evictions

1. Can my landlord evict me without notice in Texas?
   No, a landlord must give you a written Notice to Vacate before starting the eviction process, unless your lease says otherwise or in rare emergency situations.
2. What happens if I miss the eviction court date?
   If you don’t attend your hearing, the judge may rule against you by default. Always appear or call the court if you can’t attend—missing the hearing makes eviction much more likely.
3. Can I stop my eviction if I pay the rent I owe?
   Sometimes. If you pay everything you owe before the notice or suit is filed, your landlord may drop the case. However, after the court case begins, payment alone might not prevent eviction unless your landlord agrees.
4. Is it legal for a landlord to lock me out or shut off utilities?
   No. Landlords cannot lock you out or interrupt utilities to force you out without a court order. These "self-help" evictions are unlawful in Texas.
5. Who handles eviction cases in Texas?
   Eviction cases go through local Justice Courts. You can find your precinct or get help at the Texas Justice Courts website.

Key Takeaways for Texas Renters

• Landlords must have legal grounds and follow specific steps to evict tenants in Texas
• Tenants have the right to receive notice, present defenses, and attend a court hearing
• Official forms—such as the Answer to Eviction—can help renters present their side
• Act quickly if you receive eviction papers, as deadlines are short

Need Help? Resources for Renters

• Texas Courts Self-Help: Evictions and Renters (forms, information, and guides)
• TexasLawHelp.org (legal aid and renter information)
• U.S. Department of Housing and Urban Development (Texas Resources)
• Local Legal Aid: Search for free or low-cost legal aid at the Texas Access to Justice Foundation Provider Directory
• Contact or find your Justice Court at the Texas Justice Courts Directory

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1. Texas Property Code Chapter 24 – Forcible Entry and Detainer (Evictions)
2. Texas Property Code Chapter 92 – Residential Tenancies
3. Texas Justice Courts – Official Eviction Tribunal
4. Texas Courts Self-Help – Eviction Forms and Guidance

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