[TX] What are my next legal steps to properly complete the eviction process after sending late rent notice and drafting an eviction letter?

Lexi, Chatbot

I understand that facing an eviction situation can be stressful. What stage of the eviction process are you currently in?

Lexi, Chatbot

Have you received any official court documents related to the eviction?

Jon

Hello, I’m Jon, a licensed attorney with over 13 years of experience. I’m here to help. Please note this is general legal information only and does not create an attorney-client relationship.

What state or city is your rental property located in?

Jon

Do you have a written lease agreement with the tenant?

Jon

What is the main reason for eviction?

Jon

Have you formally served a Notice to Vacate? If so, what date did you give them to leave?

Jon

Under Texas Property Code § 24.005(a), a landlord must give a tenant who has failed to pay rent at least 3 days’ written Notice to Vacate, unless the lease specifies a shorter or longer notice period. If the lease controls, you must follow the lease terms.

Delivery Requirements

Service of the Notice to Vacate is governed by Texas Property Code § 24.005(f). Acceptable delivery methods include:

• Personal delivery to the tenant or to someone 16 years or older residing at the premises
• Certified mail, return receipt requested, regular mail, or registered mail
• Affixing the notice to the inside of the main entry door
• Posting on the outside of the main entry door, but only if:
• The premises have no mailbox and a keyless bolting device, alarm system, or dangerous animal prevents entry, and
• The landlord also mails a copy by regular mail the same day

Strict compliance with service requirements is important. Courts in Bexar County (and statewide) will dismiss eviction cases for improper notice.

The 3-day period begins when the notice is delivered, not when it is drafted.

Filing the Eviction

If the tenant does not pay or vacate within the notice period, you may file a Forcible Detainer (Eviction) Suit under Texas Property Code § 24.002 in the Justice of the Peace Court for the precinct where the property is located.

Procedure is governed by Texas Rules of Civil Procedure Rule 510.

At the hearing, you should bring:

• The written lease agreement
• A copy of the Notice to Vacate
• Proof of delivery (mail receipt, affidavit, photos, witness testimony)
• Rent ledger or proof of unpaid rent

After Judgment

If you prevail, the tenant has 5 days to appeal the judgment under Texas Property Code § 24.00511 and Rule 510.9.

If no appeal is filed and the tenant does not vacate, you may request a Writ of Possession under Texas Property Code § 24.0061. Only the constable or sheriff may execute the writ and remove the tenant. Landlords may not engage in self-help eviction (see § 92.0081, which prohibits unlawful lockouts except under narrow statutory conditions).

Because Texas eviction courts are highly procedural, ensuring proper notice and documentation is critical to avoid dismissal or delay.

Jon

I can provide legal guidance and explain the process, but I do not represent clients or handle court filings through this service. You would need to hire a local landlord-tenant attorney in San Antonio for full representation.

Jon

The Affidavit of Service page is completed after the notice is delivered. It documents how and when the notice was served. If you personally serve it, you complete it after service. If someone else serves it, that person completes and signs it.

Keep that document — it is important proof for court.

Jon

You’re very welcome. If you have additional questions about the eviction steps in Texas, feel free to ask.