Texas Eviction Laws

Texas requires only a 3-day written notice to vacate before filing an eviction action in justice of the peace court.

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Key Rules

Nonpayment Notice
3 days written notice to vacate for nonpayment (unless lease specifies otherwise)
Just Cause Required
No — no just-cause eviction requirement in Texas
Periodic Tenancy Notice
1 month written notice for month-to-month termination
Rent Control
No rent control — Texas law preempts any local rent control ordinances

Applicable Statutes

Tex. Prop. Code § 24.005

Eviction notice (forcible detainer): landlord must give written notice to vacate before filing an eviction suit in justice of the peace court. For nonpayment of rent, 3 days notice is required (unless lease specifies a different period).

Tex. Prop. Code § 92.019

Late payment of rent: landlord may charge a reasonable late fee if specified in the lease. Notice requirements for late fees apply.

Tex. Prop. Code § 92.301

Retaliatory eviction prohibited: landlord may not retaliate against tenant within 6 months after tenant has in good faith complained about housing conditions.

Legal Aid Resources

Lone Star Legal Aid

713-652-0077

Houston and Southeast Texas

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