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Non-Payment

Evicting a Tenant for Non-Payment of Rent in Texas

Dallas Evictions Team
Dec 20, 2024
7 min read
Evicting a Tenant for Non-Payment of Rent in Texas

Non-Payment Evictions in Texas

Non-payment of rent is the most straightforward reason for eviction. If your tenant hasn't paid rent when due, you have the right to begin the eviction process.

Step-by-Step Process

Step 1: Document the Non-Payment

  • Keep records of all rent due dates
  • Document any partial payments received
  • Calculate the total amount owed
  • Step 2: Deliver Notice to Vacate

  • Texas requires a minimum 3-day notice
  • Your lease may specify a longer period
  • Clearly state the amount owed
  • Step 3: File the Eviction Petition

  • File in the Justice Court where the property is located
  • Include the amount of back rent owed
  • Pay filing and service fees
  • Step 4: Attend the Court Hearing

  • Bring all documentation
  • Be prepared to testify about the non-payment
  • Show proof of notice delivery
  • What You Can Recover

    In a non-payment eviction, you can recover:

  • Back rent owed
  • Court filing fees
  • Attorney's fees (if your lease allows)
  • You cannot recover late fees, utility bills, or property damage in an eviction case.

    If the Tenant Pays Before Court

    If the tenant pays all rent owed before the court date, they may be able to avoid eviction. This is called "curing" the default. Check your lease for specific terms about curing defaults.

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