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Texas Eviction Notice Forms (3)

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Texas Eviction Notice Forms (3)

Updated March 21, 2024

A Texas eviction notice is used by a landlord to notify a tenant of a lease violation. The landlord must notify the tenant and describe the offense committed and the number (#) of days to fix it. Once the issue is fixed, the lease will continue as before. If the tenant does not respond, the landlord can file an eviction case (Forcible Entry and Detainer) at the Justice of the Peace Court.

By Type (3)



3-Day Notice to Quit (Non-Payment of Rent) – This form is to let the tenant know that if he or she does not pay the past due rent, then he or she is subject to eviction.

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3-Day Notice to Quit (Non-Compliance) – This form lets the tenant know that he or she has breached the lease and that landlord will seek eviction if the breach has not been rectified within three days.

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30-Day Notice to Quit (Month-to-Month Tenancy) – This form is to let a party to a month-to-month tenancy know that the other party does not intend to renew the tenancy at the end of thirty days.

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Table of Contents

Eviction Laws

  • Rent Grace Period: 2 days.[1]
  • Non-Payment of Rent: 3 days.[2]
  • Non-Compliance: 3 days.[2]
  • Termination (Month-to-Month Lease): 1 month.[3]
  • Eviction Lawsuit: Forcible entry and detainer.[4]

Court Forms

Woman at desk with forms displayed on computer monitor.

The paperwork needed to evict a tenant in Texas will vary from county to county. To obtain the requisite documents, the landlord will need to contact the Justice of the Peace Court in the precinct where the property is located. The documents provided below should be used as samples only.

Petition for Eviction from Residential Premises – Filed by landlords when requesting a court order for the eviction of a tenant. This form might also be referred to as a “Complaint for Eviction” or “Petition: Eviction Case.”

Military Status Affidavit – Used to inform the court of whether or not the tenant is currently serving in the military. Landlords must include this affidavit with their eviction petition.

Case Information Sheet – Identifies the parties in the eviction case and defines the type of lawsuit being filed. This document must be filed when the initial eviction paperwork is submitted to the court.

Defendant’s Original Answer – Completed by the tenant after receiving notification of the eviction action filed against them. The tenant will use this form to state whether or not they agree with or deny the allegations made by the landlord.

Request for Writ of Possession (Sample) – If a tenant continues to occupy a rental after being evicted, the landlord may use this document to request a court order which authorizes law enforcement to remove the tenant from the premises.

When is Rent Due

Woman placing paper calendar on wall.

In Texas, rent is due on the date specified in the lease. After receiving a notice of non-payment of rent, the tenant has three (3) days to pay what is owed before the landlord can seek eviction in court.

How to Evict (4 steps)

  1. Give the Tenant Notice
  2. File with the Local Court
  3. Tenant Files the Answer
  4. Attend the Scheduled Hearing

1. Give the Tenant Notice

tenant sitting at table reading eviction notice

The first step in the eviction process is for landlord to provide notice to tenant of the intention to evict. The landlord should have two copies of the notice, because the court will need a copy. The following are types of notices depending on the reason:

2. File with the Local Court

landlord entering courthouse to file papers

If the tenant fails to respond either by curing the breach or moving out within the requisite time period, landlord may then proceed to the Justice of the Peace Court whose jurisdiction covers the town in which the premises is located to file a Complaint for Eviction (Sample). In addition to the complaint, the landlord will have to file a Case Information Sheet (Sample) and a Military Status Affidavit (Sample). These will have to be notarized before filing. There will also be a filing fee, the amount of which depends on where you file.

3. Tenant Files the Answer

tenant filling out response form online

After the filing of the complaint, the tenant will have the option to reply to the court through the Original Answer (Sample). This form will display the tenant’s side of the story and, afterward, the court will give a hearing date. The court will then serve both parties of the date and time of the hearing.

4. Attend the Scheduled Hearing

judge presiding over hearing in courtroom

If the landlord prevails in court, the tenant has five (5) days to appeal. If the tenant does not appeal and remains on the premises, landlord can file a Request for Writ of Possession (Sample) with the court which, if granted, authorizes the sheriff to remove the tenant.

Sources

  1. § 92.019
  2. § 24.005
  3. § 91.001
  4. § 24.001 – 24.011