Texas Eviction Defense: Tenant Rights & Delaying Eviction

An eviction notice doesn't mean you must leave right away. Texas law requires proper notice, gives you a right to a court hearing, and may allow you to challenge the eviction or ask for more time. Knowing these rights can help you protect your home and find a solution.

This guide breaks down Texas eviction notices, response deadlines, your legal rights, and practical ways to delay or stop the process. You'll also find trusted help and a simple action plan for what to do next.

Texas law requires landlords to give you written notice before they can file an eviction lawsuit. The type of notice depends on why your landlord wants to evict you. Each notice gives you a different amount of time to respond or fix the problem.

Here are the main types of eviction notices in Texas:

Pay or Quit notices are used when you're behind on rent. You have three days to either pay the full amount owed or move out. If you pay everything you owe during this time, the landlord cannot continue with the eviction.

Cure or Quit notices are for lease violations like having unauthorized pets, making too much noise, or other rule violations. You get a chance to fix the problem within the time period specified in your lease (often 3-10 days). If you fix the issue, you can stay.

Unconditional Quit notices are for serious violations where the landlord doesn't have to give you a chance to fix the problem. These might include illegal activity, causing significant damage, or repeated lease violations.

30-Day notices are used to end month-to-month leases. The landlord doesn't need a reason - they just want you to move out when the lease period ends.

Important: The notice must be delivered properly and include accurate information. Wrong dates, amounts, or delivery methods can make the notice invalid, giving you a defense against the eviction.

Understanding how to count the days in your notice is crucial because missing the deadline can hurt your case. Texas law uses calendar days for most eviction notices, which means every day counts - including weekends and holidays.

Calendar days include all days of the week. If you get a 3-day notice on Friday, you must respond by Monday (Friday is day 1, Saturday is day 2, Sunday is day 3).

Business days would skip weekends and holidays, but this is rarely used in Texas eviction notices.

Mailing time may need to be added if your notice was mailed rather than delivered in person. Texas law allows extra time for mailed notices.

Here's an example: If you receive a 3-day notice to pay rent on Wednesday, you have until Saturday to pay the full amount or move out. Wednesday counts as day 1, Thursday is day 2, and Friday is day 3. The deadline is the end of day 3 (Friday), but you have until Saturday to act.

Important tip: Don't wait until the last day. Act as quickly as possible to preserve your options.

After your notice period expires, here's what happens next in the eviction process:

Filing: Your landlord must file the eviction lawsuit in the justice court where your rental property is located. Filing in the wrong court can get the case dismissed.

Service: You must be properly served with court papers at least 6 days before the trial date. The papers will tell you when and where to appear in court.

Trial: You have the right to appear in court and defend yourself. You don't have to file any paperwork ahead of time, but you can if you want to.

Response deadline: There's no required written response, but showing up to court is important to avoid a default judgment against you.

Remember: Your landlord cannot lock you out, turn off utilities, or remove your belongings without a court order. Only the sheriff can physically remove you after the court process is complete.

Texas law provides several important protections for tenants facing eviction:

Right to proper notice: Your landlord must give you proper written notice before filing an eviction lawsuit. The notice must include specific information and be delivered correctly.

Right to court process: Your landlord cannot remove you without going to court first. They must file a lawsuit and get a judgment before you can be forced to leave.

Protection from self-help: Your landlord cannot lock you out, turn off your utilities, or remove your belongings without a court order. Doing so is illegal and can result in penalties of one month's rent plus $1,000.

Right to a hearing: You have the right to appear in court and present your side of the story. You can bring evidence, witnesses, and legal arguments to defend against the eviction.

Right to appeal: If you lose at trial, you have 5 days to appeal to county court. You may need to pay ongoing rent into the court while your appeal is pending.

Protection from retaliation: Texas Property Code Section 92.331 prohibits landlords from evicting tenants in retaliation for exercising legal rights, such as complaining about habitability issues or reporting code violations. This protection lasts for 6 months after the protected activity.

Protection from discrimination: Landlords cannot evict tenants based on race, color, religion, sex, national origin, disability, familial status, or other protected characteristics under fair housing laws.

These rights apply even if you're behind on rent or have violated your lease. Understanding your rights helps you make informed decisions about how to respond to an eviction.

Several strategies may help you delay the eviction process or avoid eviction altogether:

Challenge notice defects: If your landlord's notice has mistakes - wrong dates, incorrect amounts, improper delivery, or missing required information - you may be able to get the case dismissed.

Request more time: Courts have discretion to grant continuances for good cause. Valid reasons include illness, inability to find an attorney, or needing time to gather evidence or secure alternative housing.

Apply for rental assistance: Many programs can help pay past-due rent or future rent payments. Even if you've already been served with court papers, paying the full amount owed may still stop the eviction.

Raise legal defenses: You may have defenses such as retaliatory eviction (if you complained about repairs), discriminatory eviction, or warranty of habitability issues that made the property unlivable.

File an appeal: If you lose at trial, you have 5 days to appeal to county court. This can delay enforcement of the eviction for weeks or months, though you'll typically need to pay ongoing rent into the court during the appeal.

Seek mediation: Some courts offer mediation programs where you can work with your landlord to reach a payment plan or other agreement.

Pay into court registry: During an appeal, paying rent into the court shows good faith and may strengthen your position in negotiations.

Remember: These are options to consider, not guarantees. The success of any strategy depends on your specific circumstances and the strength of your case. Acting quickly gives you the most options.

Eviction Support Now – Get step-by-step guidance on understanding your eviction notice, court forms, and legal process. They specialize in helping tenants navigate eviction proceedings and understand their options.

Texas Legal Aid Organizations:

Lone Star Legal Aid

Legal Aid of East Texas

Texas RioGrande Legal Aid

211 Texas Helpline: Dial 2-1-1 for information about local rental assistance, legal aid, and emergency services in your area.

State Bar of Texas Lawyer Referral Service: texasbar.com - Find attorneys who handle landlord-tenant law in your area.

Court Self-Help Centers: Many Texas courts have self-help centers with forms and basic guidance for people representing themselves.

Local Rental Assistance Programs: Contact your city or county to ask about emergency rental assistance that can help pay back rent or future rent.

Texas Tenants' Union – Information about tenant rights and organizing.

The sooner you get help, the more options you'll have. Don't wait until the last minute to seek assistance.

Here's what to do if you've received an eviction notice:

1. Identify your notice type: Look at your notice to determine if it's for nonpayment of rent, lease violations, or lease termination. This tells you how much time you have.

2. Count your deadline carefully: Use calendar days and don't count the day you received the notice. Mark the deadline on your calendar.

3. Gather your documents: Collect your lease, rent receipts, payment records, and any correspondence with your landlord.

4. Know your rights: Review the tenant protections under Texas law and consider whether any apply to your situation.

5. Take action quickly: If you can pay the rent, do so immediately. If not, contact legal aid or tenant assistance programs right away.

6. Prepare for court: If your landlord files a lawsuit, make sure to appear in court on the date listed in your court papers.

7. Get help early: The earlier you seek help, the more options you'll have.

Texas eviction law varies by location, with some areas providing stronger tenant protections than state law requires.

County variations: Different Texas counties may have slightly different court procedures and timelines. Some counties move faster than others, and local practices can vary.

Sheriff enforcement: Each county sheriff's department has its own procedures for enforcing eviction orders. Some may provide additional notice before removing tenants, while others stick to the minimum required by law.

Senate Bill 38: Starting January 1, 2026, new Texas legislation will speed up eviction proceedings in some cases, particularly those involving unauthorized occupants. However, protections for legitimate tenants with valid leases remain in place.

CARES Act protections: Properties with federally backed mortgages or federal subsidies may require 30-day notice periods instead of the standard 3-day notice. This applies to many apartment complexes and rental properties.

Local assistance programs: Cities like Austin, San Antonio, Dallas, and Houston have their own rental assistance and tenant protection programs that may provide additional help beyond state law requirements.

Stay informed about changes in your local area by contacting legal aid organizations or checking with your city or county government.

Facing eviction is stressful, but you're not powerless. Texas law provides important protections for tenants, and understanding your rights gives you time and options. The key is acting quickly and getting help early in the process.

Whether you can pay your rent, need time to find new housing, or have legal defenses to raise, knowing your rights under Texas law can make a significant difference in your outcome. Don't give up - help is available, and you have more options than you might think.