How can a Texas tenant respond to an eviction notice?
When a landlord in Texas seeks to evict a residential tenant, the law generally requires the landlord to give a written notice to vacate before filing a forcible detainer suit in many situations. If a suit is filed, the court papers (citation) will include specific deadlines and warnings about default and possible summary disposition. Tenants commonly check the notice and court papers, collect documents that show payment or repairs, and decide whether to file a response in court or seek help from a housing or legal assistance program. Outcomes depend on the facts, the type of notice served, and what a court later determines.
Current Texas law
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The deadline that matters
Landlords generally must give at least three days' written notice to vacate before filing certain eviction suits under Tex. Prop. Code § 24.005.
What Texas law says
A landlord generally must give a tenant at least three days' written notice to vacate before filing certain eviction suits, unless the lease provides a different notice period, under Tex. Prop. Code § 24.005. If a forcible detainer suit is filed, the citation must include warnings and, in some cases, a notice about immediate deadlines and possible relief for servicemembers, under Tex. Prop. Code § 24.0051. For certain federally assisted housing, federal law requires at least 30 days' written notice in some circumstances, under 42 U.S.C. § 12755.
What to do
A common first step is to carefully read the written notice to vacate and any court citation to identify the reason given and the dates involved.
A common option is to check whether the landlord complied with the required written notice period under Tex. Prop. Code § 24.005.
A common next step is to gather rent receipts, communication records, lease copies, and repair or payment evidence that may be relevant if a suit is filed.
A common option if served with a landlord's petition is to note any deadlines on the citation, including the summary-disposition response timing described in Tex. Prop. Code § 24.0051.
A common step is to contact local tenant assistance programs, legal aid, or the State Bar referral line for information about representation or low-cost help.
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Common questions
Does a landlord have to give notice before filing an eviction in Texas?
In many cases the landlord must give at least three days' written notice to vacate before filing a forcible detainer suit, unless the lease sets a different notice period, under Tex. Prop. Code § 24.005.
What if I am served with court papers for eviction?
A citation in a forcible detainer suit must include warnings about default and immediate deadlines, and may include a notice about summary disposition and response timing under Tex. Prop. Code § 24.0051.
Are there special rules for federally assisted housing?
Federal law for certain assisted housing may require at least 30 days' written notice in some circumstances, see 42 U.S.C. § 12755.
Can a landlord get a default judgment if I do not appear?
The citation must include a notice that failure to appear may result in a default judgment being entered against the tenant, as required by Tex. Prop. Code § 24.0051.
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This is legal information about Texas law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
