Texas Eviction
Defense Guide
A comprehensive resource with real facts, legal strategies, free legal help, and step-by-step guidance to protect your housing rights in Texas.
Texas Eviction Crisis - Real Data
Sources: Princeton Eviction Lab, Texas Justice Court Data, National Coalition for Civil Right to Counsel
Received an Eviction Notice?
Time is critical. Take action immediately.
Pro Bono Lawyers & Legal Aid
You don't have to face eviction alone. These organizations provide FREE legal help to tenants facing eviction in Texas. Having a lawyer increases your chances of winning by up to 40%.
Texas RioGrande Legal Aid
HIGHEST PRIORITY
Largest legal aid provider in Texas. Provides free legal representation for eviction defense, habitability issues, and tenant rights cases.
Legal Aid of NorthWest Texas
SERVES DALLAS AREA
Provides free civil legal services to low-income residents in 114 Texas counties, including Dallas County. Specializes in eviction defense.
Dallas Volunteer Attorney Program
PRO BONO LAWYERS
Connects low-income Dallas residents with volunteer attorneys who provide free legal services. Walk-in clinics available.
Texas Eviction Diversion Program
IMMEDIATE HELP
Statewide program connecting tenants with legal aid, rental assistance, and mediation services to prevent evictions.
Additional Free Legal Resources
First Steps When You Get an Eviction Notice
Don't panic. Follow these steps immediately to protect your rights and buy yourself time.
DON'T MOVE OUT IMMEDIATELY
A notice to vacate is NOT a court order. You have the right to stay until a court rules against you. Moving out early forfeits your legal rights and any defenses you may have.
CALL A LAWYER IMMEDIATELY
Free legal help is available. Call within 24 hours of receiving notice.
DOCUMENT EVERYTHING
Gather evidence that could help your case:
- Copy of your lease agreement
- All rent receipts/bank records
- Photos of any habitability issues
- Written maintenance requests
- All communication with landlord
- The eviction notice (keep original)
CHECK THE NOTICE FOR ERRORS
Defective notices can get cases dismissed. Look for:
- Wrong address or name - Notice must identify correct tenant and unit
- Insufficient notice period - Must give at least 3 days for nonpayment
- Improper delivery - Must be delivered in person, by mail, or posted on INSIDE of door
- Missing required language - Must state reason and demand possession
APPLY FOR RENTAL ASSISTANCE
Emergency rental assistance can stop evictions. Apply immediately - funds are limited.
See Rental Assistance ProgramsLegal Ways to Delay Eviction
These are legal strategies that can extend your time in your home from weeks to months. Use this time to find new housing, save money, or resolve the issue.
Request a Continuance
Can add 7-14+ days
You can ask the court to postpone your hearing. Judges often grant continuances for:
- Need time to hire a lawyer
- Waiting for rental assistance approval
- Need to gather evidence or witnesses
- Medical emergency or illness
- Work conflict with hearing date
How to request: File a written motion with the court OR ask verbally at your hearing. Say: "Your Honor, I request a continuance because [reason]."
Appeal to County Court
Can add 30-60+ days
If you lose in Justice of the Peace court, you have 5 days to appeal to County Court. This starts the entire process over with a new trial.
CRITICAL: 5-Day Deadline
You must file your appeal within 5 days of the judgment. Missing this deadline means you lose your right to appeal forever.
Requirements:
- • File appeal bond (usually 1 month rent)
- • File written notice of appeal
- • May need to pay rent into court registry
Benefits:
- • Cannot be removed during appeal
- • New trial with new judge
- • Time to find housing or resolve issue
Request a Jury Trial
Can add 14-30+ days
You have a constitutional right to a jury trial in eviction cases. Jury trials take longer to schedule and can be more sympathetic to tenants.
Cost: Small jury fee (usually $22-$40). Ask the court about fee waiver if you can't afford it.
Deadline: Must request at least 5 days before trial date in JP court, or at least 10 days in County Court.
Negotiate a Move-Out Agreement
Can add 7-30+ days
Many landlords will agree to more time if you commit to moving out voluntarily. This saves them legal costs.
- Ask for 2-4 additional weeks to move
- Request landlord dismiss case in exchange
- Get agreement to not report to credit/rental history
- GET IT IN WRITING - verbal agreements are not enforceable
Bankruptcy Automatic Stay
Can add 30-60+ days (LAST RESORT)
Filing for bankruptcy triggers an automatic stay that can temporarily halt eviction proceedings. This is a serious decision with long-term credit consequences.
Warning: Only use as last resort. Bankruptcy stays on your credit for 7-10 years. Consult with a bankruptcy attorney first. Free consultations available through legal aid.
Maximum Delay Potential
With proper legal strategy, you may be able to remain in your home for 60-120+ days after receiving initial notice.
Texas Eviction Timeline
Under Texas Property Code Chapter 24, landlords must follow this exact process. Missing a deadline can cost you your case.
Notice to Vacate (3+ Days)
Before filing for eviction, landlords must provide written notice to vacate per Texas Property Code §24.005.
Nonpayment of Rent
Minimum 3 days notice unless lease specifies longer. Notice must demand rent AND notify tenant to vacate.
Lease Violations
Check your lease—may require 30 days notice or opportunity to cure.
Legal Requirement: Notice must be delivered: (1) in person, (2) by mail, or (3) posted on INSIDE of main entry door. Notice taped to outside may be invalid per §24.005(f).
Eviction Lawsuit Filed (Day 4+)
After notice period expires, landlord files eviction suit (forcible detainer) in Justice of the Peace court.
- You will receive citation with court date
- Hearing must be at least 10 days after citation served (Rule 739)
- Hearing cannot be more than 21 days after filing (Rule 739)
Court Hearing (Day 14-25)
Both parties present their case to the Justice of the Peace. You have the right to present evidence and witnesses.
MUST BRING TO COURT:
- • Copy of your lease
- • Rent payment receipts/bank records
- • Photos of habitability issues
- • Written maintenance requests (with dates)
- • All communication with landlord
- • The eviction notice
WARNING: If you don't appear, the court will rule against you by default.
Appeal Period5 DAY DEADLINE
If you lose in JP court, you have exactly 5 calendar days to file an appeal to county court (Rule 749).
THE 5-DAY DEADLINE IS ABSOLUTE
Missing this deadline means you lose your right to appeal forever. Count from the day judgment is signed, not the day you receive notice.
To File Appeal:
- • File written notice of appeal
- • Post appeal bond (usually 1 month rent)
- • May need to pay rent into court registry
Can't Afford Bond?
- • File Affidavit of Inability to Pay
- • Request court-appointed lawyer
- • Contact Legal Aid immediately
Writ of Possession (Day 20+)
If landlord wins and no appeal filed, they can request a Writ of Possession after 5 days (Rule 755).
- Constable posts 24-hour notice on your door
- After 24 hours, constable can physically remove you and belongings
- Landlord can change locks and place property at curb
Quick Reference: Key Deadlines
| Event | Deadline | Legal Citation |
|---|---|---|
| Notice to Vacate (nonpayment) | Minimum 3 days | Tex. Prop. Code §24.005 |
| Time between citation and hearing | 10-21 days | Tex. R. Civ. P. 739 |
| Appeal deadline | 5 days from judgment | Tex. R. Civ. P. 749 |
| Writ of Possession | After 5 days (if no appeal) | Tex. R. Civ. P. 755 |
| Lockout notice | 24 hours | Tex. R. Civ. P. 756 |
Legal Defenses Against Eviction
You may have valid legal defenses that can get your case dismissed or reduce what you owe. Document everything and consult a lawyer.
Retaliation Defense
Under Texas Property Code §92.331, landlords cannot evict you for exercising legal rights.
- Requesting repairs in good faith
- Complaining to government agencies
- Participating in tenant organizations
- Exercising legal rights under lease
Habitability Defense
If landlord failed to maintain habitable conditions per §92.052, you may argue:
- Rent should be reduced proportionally
- You were constructively evicted
- Landlord breached the lease first
- Money owed should offset repair costs
Procedural Defenses
The eviction may be invalid if landlord failed proper procedure:
- Defective or missing notice to vacate
- Didn't wait required notice period
- Improper service of citation
- Filed in wrong court
- Notice posted on OUTSIDE of door (invalid)
Payment Defense
You may defeat eviction if:
- Rent was actually paid (show receipts)
- Landlord refused to accept payment
- You can pay full amount at or before hearing
- Amount claimed is incorrect
- Landlord accepted partial payment after notice
Rental Assistance Programs
These programs can pay your back rent and stop eviction. Apply immediately - funding is limited.
Dallas County Programs
City of Dallas - Office of Community Care
Rent and utility assistance for Dallas residents
(214) 670-7349dallascityhall.com
Statewide Programs
Nonprofit Organizations
Additional Resources
What Landlords CANNOT Do
These actions are illegal in Texas. If your landlord does any of these, document it and contact a lawyer immediately.
Self-Help Eviction (ILLEGAL)
Landlords CANNOT remove you without a court order. These are crimes:
- Changing locks without court order
- Removing doors or windows
- Shutting off utilities
- Removing your belongings
- Threatening or intimidating you
Your Rights: Sue for 1 month rent + $1,000 + attorney fees per §92.008
Utility Cutoffs (ILLEGAL)
Per Texas Property Code §92.008, landlords cannot interrupt utilities:
- Electric, gas, water shutoffs
- Preventing utility company access
- Failing to pay utilities causing shutoff (if included in rent)
File Complaints Against Landlord
Document violations and file complaints with these agencies. Complaints create public records that can help your case.
Free Legal Forms & Documents
Download free legal forms from Texas Law Help. These are official court forms.
Facing Eviction?
Fight Back With Us
Join our tenant association for support, resources, and community solidarity. Together, we can fight for fair treatment and hold management accountable.
Texas RioGrande Legal Aid
(888) 529-5277
Eviction Defense Hotline
(855) 548-8457
Dallas Volunteer Attorneys
(214) 748-1234
Disclaimer: This guide provides general legal information, not legal advice. Every case is different. Consult with a licensed attorney for advice specific to your situation. Information current as of 2024.