Texas Eviction Laws: Notice, Squatters and Tenant Rights in 2026

Last verified October 26, 2026 against current Texas law

Texas eviction laws changed twice between September 2025 and January 2026, as part of the new Texas laws passed in 2025. A new squatter removal process started on September 1, 2025, and a rewrite of the eviction court process, Senate Bill 38, applies to every case filed on or after January 1, 2026. Whether you rent, own rental property or are dealing with someone who will not leave, the steps and deadlines below are the ones Texas courts use today.

Who decides an eviction	A justice court judge in the precinct where the property sits (Property Code § 24.004)
Notice before filing	At least 3 days’ written notice to vacate, unless the lease says otherwise
Trial date	Between 10 and 21 days after the landlord files, unless the court rules on a summary disposition motion
Appeal	5 days to appeal; the tenant must pay rent into the court registry while it is pending
Squatters (no lease)	Sworn complaint to the sheriff or constable under Property Code ch. 24B
Lockouts without a court order	Illegal, except a narrow late-rent lock change allowed by Property Code § 92.0081
Statewide rent cap	None; cities generally cannot adopt rent control

What are the eviction laws in Texas?

Texas eviction laws are in Property Code ch. 24, and the tenant protections are in Property Code ch. 92. The core rule is simple: only a justice court can order a tenant out, and only a sheriff, constable or other trained law enforcement officer can carry out the order. A landlord who changes the locks on their own, outside the narrow rules below, can owe the tenant money.

Senate Bill 38 rewrote much of the process. It applies to eviction suits filed on or after January 1, 2026, and the court rules that go with it are set by the Texas Supreme Court. Cases filed before that date followed the older rules.

How does a Texas eviction work, step by step?

Step 1: The notice to vacate

A landlord must give a written notice to vacate at least three days before filing, unless the lease sets a different time. If rent is the only ground and the tenant was not late or delinquent before the month the notice is given, the landlord must use a notice to pay rent or vacate. Otherwise either form can be used. This is in Property Code § 24.005.

Under SB 38, the notice can be mailed (including certified or registered mail), delivered to the inside of the premises in a conspicuous place, hand delivered to a tenant who is 16 or older, or sent electronically if the parties agreed to that in writing. A notice does not have to follow these methods if the tenant actually received it.

Step 2: The petition and the trial date

If the tenant stays, the landlord files a sworn petition in the justice court for the precinct where the rental is located. Unless the landlord asks for summary disposition and the tenant does not respond with a genuine dispute, the court sets trial no sooner than 10 days and no later than 21 days after filing, and no earlier than the fourth day after the tenant is served. Postponements are limited to 7 days unless both sides agree in writing.

Every citation must warn the tenant that skipping the hearing can lead to a default judgment. A tenant who does not show up can lose automatically, so go to court even if you plan to move out.

Step 3: Judgment, appeal and the writ of possession

If the landlord wins, a writ of possession cannot be issued before the sixth day after judgment unless the landlord posts a possession bond. A tenant has five days after judgment to appeal to county court. The tenant must post an appeal bond, make a cash deposit or file a statement of inability to pay court costs, and in a residential case must pay one rental period into the court registry within five days of filing the appeal, then each later period when it comes due.

If the tenant misses a registry payment after proper notice, the landlord can ask for a writ right away without another hearing. Only a sheriff, constable or another trained law enforcement officer can carry out the writ, and officers may use reasonable force.

Can a landlord lock out a tenant or remove their belongings?

Almost never. Under Property Code § 92.0081, a landlord cannot keep a tenant out of the home except through the court process. The main exceptions are bona fide repairs or emergencies, removing the contents of premises the tenant abandoned, and a lock change for late rent, which only works if the lease says so and the landlord follows strict steps.

• The tenant must actually be behind on rent, and the lease must state the landlord’s right to change locks.
• Written notice must be mailed at least five days before the change, or hand-delivered or posted inside the main entry at least three days before.
• The landlord must give a new key at any hour, whether or not the tenant pays, and cannot change the locks while someone is home or more than once per rental period.

A landlord who breaks these rules can owe the tenant one month’s rent plus $1,000, actual damages, court costs and attorney’s fees, minus any rent actually owed. The tenant can also recover possession or end the lease.

A landlord also cannot retaliate against a tenant who makes a good-faith repair request or complains to a code enforcement agency. Under Property Code § 92.331, the landlord cannot file an eviction, raise rent, cut services or end the lease because of that complaint within six months, except on grounds the law allows.

What are the squatter laws in Texas?

Squatting is not a legal way to get a house in Texas. Someone who moves into a home without permission is committing criminal trespass under Penal Code § 30.05, and a person who stays in a home after being told to leave can face a Class A misdemeanor, since entering a habitation raises the offense one level. Before 2025, though, removing someone from a dwelling usually meant a court case, even for a true squatter.

Senate Bill 1333, effective September 1, 2025, added Property Code ch. 24B, which lets an owner file a sworn complaint with the sheriff or constable of the county where the home is. The officer must verify that you are the record owner, and can then remove an unauthorized occupant without a court hearing, if the property was not open to the public when the person entered, the person was told to leave and did not, the two of you are not in pending litigation over the property, and the person is not a current or former tenant under a lease or an immediate family member. The owner pays the officer a fee. The owner may move the occupant’s belongings to the property line while the officer keeps the peace.

The law also created two crimes: knowingly presenting a false lease, deed or similar document to enter or stay on property is a Class A misdemeanor under Penal Code § 32.56, and knowingly listing, selling or renting out residential property you have no right to sell or rent is a first-degree felony under Penal Code § 32.57. If the occupant shows a lease, expect the dispute to be treated as a landlord-tenant matter.

Do squatters have rights through adverse possession?

Rarely. Adverse possession in Texas is a claim for title, not a way to avoid eviction, and it takes years. Under Civil Practice and Remedies Code §§ 16.024 to 16.027, the periods are three years under title or color of title, five years with a registered deed and paid property taxes, ten years of cultivating, using or enjoying the land without a deed, and twenty-five years regardless of any disability. The claimant must hold the land openly and against the owner’s wishes the whole time. Someone who moved into an owner’s empty house last month has no claim.

What does the purple paint law mean?

Purple paint on a tree or fence post means the same thing as a “No Trespassing” sign. Under Penal Code § 30.05, purple marks must be vertical lines at least 8 inches long and 1 inch wide, placed 3 to 5 feet off the ground. They can be no more than 100 feet apart on forest land and 1,000 feet apart on other land.

Entering past purple paint is criminal trespass, usually a Class B misdemeanor. The penalty rises to a Class A misdemeanor in a home or while carrying a deadly weapon. It is a property owner’s tool, so it does not create any eviction or tenant rights.

Can a landlord raise the rent in Texas, and by how much?

Yes. Texas has no statewide rent cap, and cities generally cannot adopt rent control outside a disaster housing emergency approved by the governor. A landlord can raise rent by any amount when a lease ends or on a month-to-month tenancy, as long as the increase is not retaliation or discrimination. During a fixed-term lease, rent cannot change unless the lease allows it.

Month-to-month tenants are covered by Property Code § 91.001: either side must give notice, and the tenancy ends on the later of the date in the notice or one month after it is given, unless the lease sets another period. Late fees are limited too. A fee is allowed only if the lease states it and some rent is still unpaid two full days after it is due. A fee up to 12% of rent for buildings of four units or fewer, or 10% for larger ones, is presumed reasonable, and a bigger fee must not exceed the landlord’s uncertain damages, under Property Code § 92.019.

Can a landlord reject an emotional support animal in Texas?

Only in limited cases. Landlords generally must allow a support animal for a tenant with a disability as a reasonable accommodation under the federal Fair Housing Act, even in a no-pet building. The Texas Workforce Commission Civil Rights Division handles fair housing complaints in Texas.

A landlord may deny the request if the tenant does not provide reliable documentation when the disability is not obvious, if the animal would be a direct threat to others, or if it would cause significant property damage or an undue burden. A landlord cannot refuse based on breed or size alone, and cannot charge a pet deposit or pet fee for a support animal. Online registration certificates alone do not count as proof.

Is subletting legal in Texas?

Only with the landlord’s permission. Under Property Code § 91.005, a tenant cannot rent the leasehold to someone else without the landlord’s prior consent. Subletting without it can be grounds for eviction, so get approval in writing.

Are lease options and “abandoned” rentals legal in Texas?

Lease options are legal, but a lease-to-own or contract-for-deed deal is different from an ordinary lease. Chapter 24B excludes tenants under a lease and does not mention these buyers, but a buyer entered under a deal with the owner and did not enter unlawfully. A seller should use a court process, not a sheriff removal, and may need to follow the contract-for-deed rules in Property Code ch. 5, subch. D.

If a tenant leaves, the landlord must refund the security deposit, or send an itemized list of deductions, within 30 days after the tenant surrenders the premises and gives a forwarding address, under Property Code § 92.103. A landlord should not treat belongings as abandoned until the lease terms and the notice rules in Chapter 92 are met.

Real Texas situations

Your landlord left a notice on the door saying you have 24 hours

The three-day minimum applies unless your lease says otherwise. A notice alone does not end your tenancy. Only a justice court judgment and a writ carried out by an officer do. Do not ignore the court papers, because a default judgment follows a missed hearing.

A relative moved into your vacant house and will not leave

If the person is an immediate family member or is or was a tenant under a lease, Chapter 24B does not apply. If the person entered with your permission, it may not fit either, because it requires an unlawful entry. File an eviction suit in the justice court instead.

Your lease ended and you stayed

A holdover tenant can still be evicted, and the landlord still needs a notice to vacate and a court order. The landlord cannot remove you without that notice and a court order.

Myths vs. facts about Texas evictions

Myth	Fact
“After 30 days, a squatter becomes a tenant.”	No Texas law turns a trespasser into a tenant after a set number of days.
“The landlord can change the locks if rent is late.”	Only with a lease clause, written notice and a new key on request.
“A landlord must give 30 days to move out.”	Three days is the standard minimum for a nonpayment or lease violation case unless the lease says otherwise.
“The sheriff can remove anyone from a home.”	Chapter 24B excludes tenants, former tenants and immediate family members.
“An appeal stops the eviction for free.”	A residential tenant must pay rent into the court registry while appealing.

Frequently asked questions

Is squatting legal in Texas?

No. Moving into a property without permission is criminal trespass under Penal Code § 30.05, and since September 1, 2025, an owner can ask the sheriff or constable to remove an unauthorized occupant under Property Code Chapter 24B. Tenants, former tenants and immediate family members are excluded and go through justice court.

What are the eviction laws in Texas for a tenant who stops paying?

The landlord must give a notice to pay rent or vacate, usually three days, then file a sworn petition in justice court. Trial is set 10 to 21 days after filing, unless the court rules on a summary disposition motion. If the landlord wins, an officer can enforce a writ of possession no earlier than the sixth day after judgment.

What is the maximum rent increase allowed in Texas?

There is none. Texas has no statewide rent cap, and cities generally cannot adopt rent control outside a disaster housing emergency approved by the governor. A landlord can raise rent by any amount once a lease ends, with proper notice on month-to-month tenancies. A raise cannot be retaliation for a repair request or a code complaint, and it cannot be discriminatory.

Can I be evicted without a court order in Texas?

No. A landlord must win a judgment in justice court, and only a sheriff, constable or other trained officer can carry out the writ of possession. An unlawful lockout can lead to a penalty of one month’s rent plus $1,000, actual damages and attorney’s fees.

How long does a Texas eviction take?

A typical case moves quickly. Trial happens 10 to 21 days after filing, and a writ can issue after the sixth day following judgment. An appeal adds time, and the tenant must pay rent into the registry during that time.

Is subletting legal in Texas?

Only with the landlord’s prior consent under Property Code § 91.005. Subletting without permission can be treated as a lease violation, and the landlord can start the eviction process.

Can a landlord refuse an emotional support animal in Texas?

Sometimes. A landlord can deny a request lacking reliable documentation, or when the animal is a direct threat or would cause significant damage or undue burden. Breed and size alone are not valid reasons, and a landlord cannot charge a pet fee.

If this affects you: if you were served with eviction papers, go to your hearing and ask a Texas-licensed landlord-tenant attorney or a legal aid office about your options before the deadline to appeal. If a landlord locked you out, contact the justice court or the Texas Workforce Commission Civil Rights Division for fair housing issues. Owners dealing with a squatter should speak with a Texas-licensed real estate attorney. This guide is general legal information, not advice for your situation. See our everyday life and property rights guides, read how we research in our editorial policy, or report an error.