[TX] Do I need to give a 3-day notice to evict a house guest who threatens violence and refuses to leave?

TX Landlord-Tenant

Benjamin

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Normally, Texas requires a minimum 3-day Notice to Vacate before filing eviction (TX Prop § 24.005). This applies even to:

Guests
Roommates without leases
“Friends who won’t leave”

That is why you keep seeing “3 days” everywhere.

However, because you reported:

Property destruction
Theft
Illegal drug use
Threats of violence

This is no longer a simple eviction issue.

Under Texas law, criminal conduct and threats can justify faster legal intervention.

Option A — Protective Order / Emergency Removal
If threats were specific or credible, you can seek:

Emergency Protective Order
Magistrate’s Order for Emergency Protection
Temporary Restraining Order

These do not require a 3-day notice.

Option B — Standard Notice to Vacate
Since police declined to remove him immediately:

Serve a 3-Day Notice to Vacate
Do not accept money
File eviction on Day 4

Because of criminal conduct, judges often:

Grant a fast writ of possession
Allow constable removal quickly.

What NOT to do:

Do not change locks
Do not shut off utilities
Do not throw his belongings outside
Do not block access

That can expose you to liability unless police remove him or you have a court order.

Texas 3-Day Notice to Quit Form | Non-Compliance

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Hi good afternoon. I have a house guest turned house pest that needs to go! On the form for illegal activity it states effective immediately when completed and printed. Everything I see online says I have to give him at least 3 days before I can start the eviction process. Which is it?

He has destroyed some of my things, stolen some of my things, using drugs and threatened violence

Lexi, Chatbot

I'm sorry to hear about the difficult situation you're facing with your house guest. Have you already communicated your concerns to them or given any notice regarding their behavior?

Yes. I have told him several times if he doesn't like it here, if I'm such a mean and horrible person - leave. Go. Get out. He refuses.

Lexi, Chatbot

Are you currently living in the same property as this individual, or is it a separate rental situation?

It is my house.

Benjamin

Hey there! I'm Benjamin, an attorney with many years of experience. I understand you're dealing with a house guest who has become problematic, involving illegal activities and threats. Could you share more about any specific concerns or questions you have regarding this situation? What state are you in? How long has this person been in your home?

Sure. I am in Houston Texas, Harris County and he has been here since the end of November.

I appreciate your help with this.

Yes I have called the police about these things and filed a complaint/report.

Benjamin

From what you described:

He is not on a lease
He does not pay rent
He was a house guest
He has been there since late November
You live in the same home

That makes him a licensee / permissive occupant, not a tenant, unless you treated him like one (rent, utilities, written agreement). However, Texas law still requires notice to remove even a guest unless an exception applies.

Benjamin

Normally, Texas requires a minimum 3-day Notice to Vacate before filing eviction (TX Prop § 24.005). This applies even to:

Guests
Roommates without leases
“Friends who won’t leave”

That is why you keep seeing “3 days” everywhere.

However, because you reported:

Property destruction
Theft
Illegal drug use
Threats of violence

This is no longer a simple eviction issue.

Under Texas law, criminal conduct and threats can justify faster legal intervention.

Option A — Protective Order / Emergency Removal
If threats were specific or credible, you can seek:

Emergency Protective Order
Magistrate’s Order for Emergency Protection
Temporary Restraining Order

These do not require a 3-day notice.

Option B — Standard Notice to Vacate
Since police declined to remove him immediately:

Serve a 3-Day Notice to Vacate
Do not accept money
File eviction on Day 4

Because of criminal conduct, judges often:

Grant a fast writ of possession
Allow constable removal quickly.

What NOT to do:

Do not change locks
Do not shut off utilities
Do not throw his belongings outside
Do not block access

That can expose you to liability unless police remove him or you have a court order.

This is why I'm asking. The police and everything I've seen online says 3 days. The form comes out as effective immediately, hence the confusion.

I am also trying to get clear voice recordings of him saying things like I should do the world a favor and kill myself, threatening damage to my trucks, etc.

https://www.jp.hctx.net/evictions/filing.htm

Directly off the Harris County JP website. Notice to Vacate Prior to Filing Eviction Suit.

Default or Holdover. If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three (3) days' written notice to vacate the premises before the landlord files an eviction, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.

Benjamin

This is Texas law. I would strongly recommend you give the 3-day notice.

Thank you! I will be doing so. At least the 3 days is for certain. I have the petition packet from the court already.

Unless he threatens violence again. Then I will do Option A above.

Benjamin

Okay, good luck. Did that solve your issue? Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. Thank you and have a wonderful day!

Again I really appreciate your help and your time!

Benjamin

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