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Evicting a tenant in Texas isn’t something you can rush. One mistake, like skipping a required notice or failing to verify a tenant’s military status, can derail the entire process. Between the Texas Property Code and federal laws like the Servicemembers Civil Relief Act (SCRA), there’s more at stake than just lost rent.

Many landlords jump straight to serving a notice to vacate without checking legal requirements, only to end up facing delays or dismissed cases. If you own or manage rental property, knowing the legal eviction process isn’t optional—it’s essential.

Before you file for eviction, make sure you understand these five key points. It could save you time, money, and a major headache.

5 Essential Things Every Texas Landlord Should Know Before Evicting a Tenant

1. Verify the Tenant’s Military Status

Eviction isn’t a one-size-fits-all process, especially when military service is involved. Federal protections under the Servicemembers Civil Relief Act are designed to shield military members from civil actions like eviction while serving. That means your typical eviction timeline gets paused, and your legal obligations increase.

Texas landlords must take extra care before filing for eviction if there’s even a slight chance the tenant is on active duty. Before moving forward with an eviction, it’s important to check the tenant’s military status through the SCRA website, which provides tools to help determine if protections under the Servicemembers Civil Relief Act apply.

2. Provide the Required Notice According to Texas Law

Before filing anything, you must serve a proper notice to vacate—no shortcuts allowed. Texas eviction laws require a written notice that clearly explains why the tenant must leave, whether it’s for nonpayment of rent or a lease violation. For most cases, that’s a three-day notice, but it must comply with legal notice requirements set by the Texas Property Code.

This isn’t just a formality. If you issue a notice improperly or skip it altogether, the justice court can dismiss your case. Make sure the notice is written, delivered correctly, and aligned with your lease terms to keep the legal eviction process on track.

3. Avoid Self-Help Evictions

Changing the locks or cutting utilities might feel like a quick fix, but it’s a legal misstep you don’t want to make. In Texas, these self-help eviction tactics are illegal, even if the tenant violated lease terms or missed rent.

The law requires you to follow the legal eviction process, which includes a court hearing and an official eviction order. Skipping that due process can lead to lawsuits or criminal penalties. To protect yourself and your property management reputation, always wait for the court-approved eviction before removing a tenant.

4. Understand the Court Process for Evictions in Texas

Once the notice to vacate expires and the tenant hasn’t left, you’ll need to file for eviction in the Justice Court where your rental is located. This is the official start of the legal eviction process in Texas.

Be ready with proper documentation, your lease agreement, records of nonpayment of rent or lease violations, and copies of any legal notice you’ve served. After a court filing, an eviction hearing is usually set within a week or so. If the judge rules in your favor and there’s no appeal, a writ of possession is issued, authorizing lawful tenant removal through the constable.

5. Know the Consequences of Wrongful Eviction

Cutting corners during an eviction can cost you more than time—it can put you at legal risk. Wrongful eviction claims in Texas often stem from missed legal steps like failing to issue notice properly, ignoring the notice to vacate timeline, or evicting a tenant for reporting issues.

Even actions that seem minor can be seen as retaliation or harassment, especially if the tenant requested repairs or reported safety concerns. To avoid legal blowback, follow the Texas Property Code to the letter.

Conclusion

Every eviction case carries its own set of challenges, but the common thread in Texas is the need for precision and legal awareness. Whether you’re confirming military status, issuing a notice, or preparing for court, each step must align with state guidelines and federal protections.

What separates a successful eviction from a costly misstep is how well you understand and follow the process. When you respect the rules rather than rush them, you reduce your risk and maintain the integrity of your rental operations. In the long run, doing it by the book isn’t just safer, it’s smarter.