How to Evict Squatters and Non-Paying Tenants in Texas (2025 Guide)
Whether you're dealing with a holdover tenant who’s overstayed their lease, or a squatter who showed up out of nowhere, this guide breaks down exactly how to evict someone in Texas in 2025.
Last Updated: May 10, 2025
Revision History: Initial publication
Evicting someone from your rental property—especially when they’ve stopped paying rent or never had your permission to be there—can be stressful, time-consuming, and confusing. Whether you're dealing with a holdover tenant who’s overstayed their lease, or a squatter who showed up out of nowhere, this guide breaks down exactly how to evict someone in Texas in 2025.
This article is tailored for landlords, property managers, and rental owners navigating the eviction process. For additional background, you can also explore our companion article: Squatters Rights in Texas.
🧭 Step-by-Step Eviction Process in Texas
Step 1: Identify Occupant Type (Tenant vs. Squatter)
The eviction path you take depends on how the occupant got into your property.
- Tenant: Has a lease agreement or paid rent—even once.
- Squatter: Entered without permission, typically via forcible entry.
Squatters may be removed using immediate notice procedures per Tex. Prop. Code § 24.005(d).
Step 2: Serve the Correct Notice to Vacate
Deliver the correct written notice (or oral, if permitted) based on the situation:
| Situation | Notice Period | Legal Reference |
|---|---|---|
| Nonpayment of Rent | 3 days | Tex. Prop. Code § 24.005(a) |
| Lease Violation | 3 days | [Tex. Prop. Code § 24.005(a)] |
| Squatter (forcible entry) | Immediate | [Tex. Prop. Code § 24.005(d)] |
| After Foreclosure | 30 days | [Tex. Prop. Code § 24.005(b)] |
📝 Delivery must follow Texas guidelines—in person, by mail, or posted on the door per §24.005(f).
Step 3: File an Eviction Petition in Justice Court
Once the notice period ends (or immediately, for squatters), file a Forcible Entry and Detainer Suit in the Justice of the Peace Court for the property's precinct.
- Filing Fee: $54
- Service Fee: $63 (e.g., Bexar County)
- Total: ~$117 (county dependent)
📑 Submit:
- Eviction Petition
- Copy of written lease (if any)
- Notice to vacate (aka, Eviction Notice)
- Sworn statement for unpaid rent if applicable
Step 4: Attend the Court Hearing
Eviction hearings are scheduled roughly 14 days after filing, but cannot occur sooner than 6 days after service of the court papers TRCP Rule 510.7.
🎯 Burden of proof: Show rightful possession, service of proper notice, and occupancy by the defendant, including any relevant rental agreement that outlines lease terms, etc.
Step 5: Writ of Possession & Sheriff Enforcement
If you win, the court grants a Judgment for Possession. After a 5-day appeal window, you may request a Writ of Possession.
👮 The sheriff will:
- Post a 24-hour warning notice on the front door
- Return to supervise the removal of the occupant and belongings
- May store property in a bonded warehouse (Tex. Prop. Code § 24.0061)
📅 Texas Eviction Timeline Table
| Step | Duration | Legal Reference |
|---|---|---|
| Notice to Vacate | 0–30 days | Tex. Prop. Code § 24.005 |
| File in Court | 1 day | Justice Court |
| Hearing Wait | ~14 days | TRCP Rule 510.7 |
| Writ Eligibility | 5 days (appeal period) | § 24.0061 |
| Sheriff Enforcement | 24+ hours after posting | § 24.0061 |
🚨 Special Cases & Squatter Removal
- Squatters (never had permission): Oral or written immediate notice allowed.
- Fake leases: You must disprove them in court.
- Holdover tenants: Must be treated as tenants until proven otherwise.
There’s no fast-track law as of 2025, though pending proposals like SB 38 suggest future changes.
⚠️ Self-Help Eviction Is Illegal in Texas
Texas law strictly prohibits landlords from forcibly removing anyone without a court order.
Illegal Actions & Penalties
| Action | Status | Citation |
|---|---|---|
| Changing locks | Illegal | Tex. Prop. Code § 92.0081 |
| Shutting off utilities | Illegal | Tex. Prop. Code § 92.008 |
| Removing belongings | Illegal | Tex. Prop. Code § 24.0061 |
🛑 Penalties: Up to one month’s rent + $1,000 in fines, plus court and attorney’s fees.
💬 Texas Eviction FAQs (2025)
Can I remove a squatter without going to court?
No. Even if they never paid rent, you must file a forcible entry and detainer suit.
What’s the fastest legal eviction method?
Evictions for squatters can start with immediate notice, skipping the 3-day window.
Do I need a lease to evict someone?
No. Even without a lease, you can evict through forcible detainer if they once paid rent.
What if the squatter shows a fake lease?
Show evidence in court proving it’s not legitimate. The judge will decide who has the right to possession.
Can I toss their stuff on the curb?
Only a sheriff can remove belongings—never do this yourself.
🛠 Free Resources & Next Steps
- 📄 Texas Eviction Forms
- 🏛 State Law Library Landlord-Tenant Guide
- 🚔 Jefferson County Sheriff Eviction Instructions
👉 Need help? Consult a Texas real estate attorney to protect your rights and stay compliant.
👤 About the Author
Chris is the founder of LandlordDoc.com, a practical resource hub for landlords, property managers, and real estate professionals navigating everything from state laws and eviction procedures to daily operations, software, and compliance.
With over 15 years in property management, Chris has held roles from leasing agent, to regional manager, to SaaS head of marketing, scaling a PropTech startup to acquisition. He now helps operators run smarter businesses through property management education and growth tools.
Disclaimer: This article provides general legal information only. It is not a substitute for professional legal advice specific to your situation. Always consult a licensed attorney before taking legal action.
