Eviction Process in Texas without a Lease (Know your right)

If you’re living in a rental property in Texas without a lease, you might wonder what happens if the landlord asks you to leave.

The good news? You have rights—but the eviction process moves quickly, and staying too long could hurt your ability to rent in the future.

Here’s a breakdown of the eviction process in Texas without a lease, how long it takes, and why complying with the landlord’s initial notice is your best option.

Eviction Process in Texas without a Lease

$Eviction Process in Texas without a Lease$

In Texas, if you’re living in a property without a written lease, you fall into one of two categories:

Tenant at Will – You’re renting without a lease, typically paying month-to-month
Holdover Tenant – You had a lease, but it’s expired, and you remain in the rental

Understanding Texas Eviction Process Without A Lease

Before a landlord can file for eviction in Texas, they must legally terminate the tenancy by giving you written notice to move out—a Notice to Vacate (sometimes called a Notice to Quit).

This applies to both tenants at will and holdover tenants.

If you don’t leave by the end of the notice period, the landlord can file an eviction lawsuit in court.

The length of the notice period depends on the landlord’s reason for asking you to move out.

Three-day notice: If you don’t pay your rent, you have three days to move out after your landlord gives you a Notice to Vacate. If you don’t, your landlord can ask the court to issue a formal eviction order.

One-month notice: If your landlord wants you to move out for any other reason, they must give you one month’s notice before asking the court to issue an eviction order.

The eviction process in Texas is very fast, the court hearing will take place within 10-21 days
When the judge orders your eviction, you’ll usually get 5-7 days to move out

Notice To Vacate vs Court-Ordered Eviction

3-day or 30-day Notice to Vacate: This is the landlord’s first step to legally end the tenancy.

If you leave within the notice period, no court case is filed, and there’s no eviction on your record.

Court-ordered eviction: If you stay past the notice period, the landlord will file an eviction lawsuit. If the judge rules against you, an official eviction will be placed on your record.

This will make renting in the future incredibly difficult, as other landlords will usually reject your application when they see the eviction on your file.

Why Complying With The 30-Day Notice Is The Best Option

Avoid an eviction on your record – If you leave voluntarily, future landlords won’t see an eviction in background checks
Save money and stress – A court case can lead to legal fees, fines, and forced removal
Give yourself more control – You can find a new place on your terms instead of being forced out

Texas Eviction Laws Without Lease

Here’s the timeline your landlord has to follow for a legal no-lease eviction in Texas. If your landlord tries to remove you without giving you the required notice or tries to forcibly remove you or your possessions without a court order, they’re breaking the law.

Texas No Lease Eviction Timeline:

Landlord Issues a 3-day or 30-Day Notice to Vacate
This formally ends the tenancy and gives you 3 days or one month to move out
If you don’t leave, the landlord can file an eviction case in court
The hearing is usually scheduled 10 to 20 days after the landlord files the lawsuit
If the landlord wins, you will have 5 to 7 days to move out voluntarily
If you still don’t leave, the landlord will request a writ of possession, allowing law enforcement to remove you

How Long Does It Take For An Eviction To Show Up On Your Record In Texas?

An eviction will show up on your record within a few weeks of the court’s decision.

This will make it harder to rent in the future, so it’s important to avoid a formal eviction if possible.

Most nice apartment communities will not rent to anyone with a recent eviction on their record. Rejection is also common at rundown apartments in bad neighborhoods.

It often takes 5-7 years before landlords and property managers will consider renting to someone with an eviction on their record. Even then they may ask for a double security deposit or a cosigner.

Do You Have 30 Days After Eviction Notice in Texas?

You only have 30 days to move out after an eviction notice in Texas if this is the first notice the landlord has issued (Notice to Vacate) and you’re being asked to leave for any reason other than nonpayment of rent.

For nonpayment of rent, you only have 3 days to move out (or pay the rent you owe).

If you receive a 30-day notice, you have the full 30 days to find another place and move out. There’s no eviction on your record at this stage. When you apply for other rentals, you can truthfully answer no to the question about evictions.

After the court hearing, you will only have 5-7 days to leave before law enforcement removes you.

How Long Does It Take For An Eviction Case To Get To Court?

After your landlord files the lawsuit, the court hearing typically happens within 10 to 20 days. Texas law says it must happen within 21 days at the latest.

The process is sometimes delayed depending on court availability, but this doesn’t give you much time to stay without consequences.

Is it worth staying during the court case: Tempting as it may be, staying past the initial notice period and waiting for the court to rule will likely lead to a formal eviction.

A formal eviction on your record makes it very hard to rent in the future, as most landlords check eviction history. An eviction will affect your housing options for years to come.

How long after eviction court date do you have to move in Texas: After the judge’s decision, you’ll get 5-7 days to move out. If you don’t leave, the landlord will get a writ of possession, and law enforcement will remove you.