An Austin, TX Landlord's Guide to Tenant Evictions

An Austin, TX Landlord's Guide to Tenant Evictions

During the last few years, the state of Texas has gone to great lengths to help tenants avoid evictions after the ravages of the pandemic. The state paid out over $2.2 billion in rental assistance and helped 323,000 households keep a roof over their heads.

All these initiatives ended in July 2023, so now it's back to business as usual. So, if you're a landlord who is struggling with non-paying tenants, there is no more relief available.

Find out more about how rental evictions work in Texas so you can start earning from your investment properties once again.

Reasons to Evict Tenants in Texas

There are only four reasons landlords can legally evict tenants in Texas, and you must provide the relevant written notice to set the proceedings in motion. These are:

  • Non-payment of rent: 3-day notice to quit
  • Lease violations: 3-day notice to vacate
  • An expired lease: 30-day notice to vacate
  • Property foreclosure: 30-day notice to vacate

If the tenant does not comply with the notice you provide, you can continue with the legal eviction process.

The Eviction Process in Texas

To remove tenants from your Austin property, you must follow the Texas eviction laws to the letter. These are the steps involved:

Written Notice to Vacate

You must give the tenant the correct notice according to the severity of their offense. If they don't comply, you may move on to the next step.

Filing an Eviction Suit

To start the eviction process, you must file an eviction suit with your local court. The court will only schedule a hearing a minimum of ten days after you file the lawsuit.


After attending the hearing and witnessing the judge's decision, both parties have a certain amount of time to appeal. The usual time frame is five days.

If the tenant does not contest the eviction or appear at the hearing, the judge will rule in your favor.

The Appeal Process

If either party appeals, the court will schedule a second hearing for a final decision. This usually takes place more than eight days later.

Issuing the Writ of Possession

When the judge issues their final decision, the landlord can request a writ of possession. This means the local constable will give the tenant 24 hours' notice before removing them from the property.

Although this drawn-out process ensures both the landlord and tenant have time to state their case, it can result in considerable losses for the landlord. Not only will your legal fees mount up, but you will lose out on rental income until the eviction proceedings conclude.

Avoid Evictions in Austin, Texas

Most Texas landlords find evictions unpleasant, time-consuming, and costly. PMI Heart of Texas can help you cope.

We can screen tenants to limit the chances of costly evictions, ensure prompt collection of rent, and carry out regular property inspections to discourage lease infringements. Our eviction protection plan helps shield you from the worst aspects of evictions and also helps cover a portion of the costs involved.

Browse our blog for more of the latest landlord advice, and get in touch if you'd like to enjoy the benefits of expert property management services.