Texas Eviction & Civil Law Help

Civil & Housing in Texas — what to do right now

Read your notice for the exact deadline, then act on it today — do not wait for the hearing. If you've gotten a notice to vacate, count from the date you received it: the Texas default is just 3 days before the landlord can file, not 30. If your deposit wasn't returned, send your landlord a written demand that includes your forwarding address, because the 30-day refund clock under Property Code § 92.103 only starts once you've given that address in writing. Whatever the matter, write down every date now. Then call 1-844-690-0555 — free, 24/7 — to walk through your specific deadline and your options before a court date locks them in.

The law in Texas: Civil & Housing

Almost every urgent Texas housing or small-money dispute begins in the Justice Court (the Justice of the Peace court). This is the trial court for evictions — filed as a 'forcible detainer' suit under Property Code Chapter 24 — and for small-claims suits up to $20,000, the highest small-claims cap in the country (Gov't Code § 27.031). Proceedings are informal and people often appear without a lawyer, but unlike California, Texas DOES allow attorneys in the small-claims hearing. If you lose an eviction there, you can appeal to the County Court at Law, which retries the case de novo (completely fresh) and, under SB 38, must hold that new trial within 21 days.

Eviction notice runs on Property Code § 24.005. The default notice to vacate is just 3 days in writing unless your lease sets a different period — the '30 days' many renters assume simply does not apply to most Texas evictions. SB 38, effective January 1, 2026, overhauled the process statewide and the Texas Supreme Court rewrote Rule 510 to match it: it tightened service and judgment rules, requires a tenant who appeals to swear a good-faith, meritorious-defense affidavit, and for a first instance of nonpayment now requires a 'notice to pay or vacate' (a chance to cure) rather than a straight notice to vacate. SB 38 also created a faster summary-disposition track — but that track is aimed at unauthorized-occupant ('squatter')/forcible-entry cases, not ordinary nonpayment evictions, so be careful which rules a guide is describing. Because the law is this new, most pre-2026 online eviction guides for Texas are now partly wrong.

Security deposits are governed by Property Code §§ 92.103 and 92.109. Your landlord must refund the deposit, or give you an itemized list of deductions, within 30 days — but only after you surrender the unit AND provide a written forwarding address. A landlord who misses that 30-day deadline is presumed to have acted in bad faith. For bad-faith withholding, § 92.109 lets you recover $100 plus three times the portion wrongfully withheld plus your reasonable attorney's fees, and the landlord carries the burden of proving the withholding was reasonable.

Texas civil law also sets hard outer deadlines and some unusual rules for money disputes. Personal-injury and wrongful-death claims have a 2-year statute of limitations under Civ. Prac. & Rem. Code § 16.003, and Texas applies a 51% modified-comparative-fault bar under § 33.001 — if you are found more than 50% at fault, you recover nothing. Consumer disputes often run under the Deceptive Trade Practices Act (Bus. & Com. Code Ch. 17), which can award up to three times your economic damages for knowing conduct but requires you to send a written notice at least 60 days before you sue under § 17.505. These are powerful tools with traps; a single missed notice or deadline can end your case before it starts. Legal Hotline gives you free legal information on how these rules work — not legal advice, and the call creates no attorney-client relationship.

Key Statutes

Tex. Property Code § 24.005 — notice to vacate (default 3 days) before an eviction can be filed
Tex. Property Code Ch. 24 — forcible-detainer (eviction) suit, filed in Justice Court
Tex. Property Code §§ 92.103 / 92.109 — 30-day deposit refund; bad-faith penalty of $100 + 3× the portion wrongfully withheld + fees
Tex. Gov't Code § 27.031 — Justice Court small-claims jurisdiction up to $20,000
Tex. Civ. Prac. & Rem. Code § 16.003 — 2-year limit for personal injury / wrongful death; § 33.001 — 51% comparative-fault bar
Tex. Bus. & Com. Code Ch. 17 (DTPA), § 17.505 — consumer protection, 60-day pre-suit notice, up to treble economic damages

Courts & Agencies

Justice Courts (Justice of the Peace) — evictions and small claims up to $20,000; lawyers allowed
County Courts at Law — hear eviction appeals de novo (SB 38: new trial within 21 days) and mid-size civil cases
District Courts — larger personal-injury and contract/consumer suits
Texas Attorney General, Consumer Protection Division — where many DTPA/consumer complaints go
Texas Supreme Court / Office of Court Administration — adopted the amended Rule 510 implementing SB 38 (txcourts.gov)

Deadlines That Blindside People

3 days — default written notice to vacate before an eviction can be filed (unless the lease says otherwise)
5 days — to appeal an eviction judgment from Justice Court (bond, cash deposit, or sworn Statement of Inability)
21 days — SB 38 window for the County Court to hold your de novo appeal trial
30 days — landlord's window to return your deposit after surrender + written forwarding address
60 days — DTPA pre-suit notice before a consumer lawsuit; 2 years — personal-injury / wrongful-death limit

Texas Evicts Faster Than Almost Anywhere — and SB 38 Made the 2026 Process Faster Still

People assume they have a month to respond to an eviction. In Texas they don't. The written notice to vacate can be just 3 days, and the SB 38 overhaul — live since January 1, 2026 — tightened service, judgment, and appeal rules across the state and added a fast summary-disposition track for unauthorized-occupant cases. Renters lose by sheer default, simply by misjudging the clock or not showing up. If you lose and want to appeal, you have just 5 days and must swear a good-faith, meritorious-defense affidavit. The single most expensive mistake is waiting. The moment you get any eviction paper, call 1-844-690-0555 — free, 24/7 — and find out exactly how many days you really have left.

Likely outcomes & penalties

Texas civil outcomes hinge on deadlines, fault percentages, and notice rules. Here is the realistic range for the most common matters — though every case turns on its own facts.

Eviction judgment

A judgment for possession, often plus unpaid rent, court costs, and attorney's fees if the lease allows. A writ of possession (physical removal) can issue after the 5-day appeal window if no appeal is perfected — but a properly perfected appeal pauses it.

Bad-faith deposit (§ 92.109)

$100 + three times the portion wrongfully withheld + your reasonable attorney's fees. On a $1,500 deposit kept entirely in bad faith, that's $100 + $4,500 = $4,600 plus fees — and the landlord must prove the withholding was reasonable.

DTPA consumer claim

Your actual economic damages, and up to 3× those damages if the conduct was committed knowingly, plus attorney's fees and possible mental-anguish damages — but only if you sent the required 60-day pre-suit notice first.

Personal-injury claim

Actual damages (economic + non-economic; some categories are capped, e.g. medical-malpractice non-economic damages), reduced by your percentage of fault — and barred entirely if you are found more than 50% at fault under the 51% rule.

Mistakes to avoid

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Assuming you have 30 days after an eviction notice. The Texas default under § 24.005 is just 3 days to vacate before the landlord can file — many renters lose simply by not responding or not showing up to the hearing in time.

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Moving out without giving your landlord a written forwarding address. The 30-day deposit-refund clock in § 92.103 does not even start until you provide that address in writing, so a verbal or missing address can sink an otherwise valid deposit claim.

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Relying on a pre-2026 online eviction guide. SB 38 and the amended Rule 510 changed Texas eviction procedure for filings on or after January 1, 2026, so older advice about service, responses, and appeals is now partly wrong.

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Filing a DTPA consumer lawsuit before sending the mandatory 60-day pre-suit notice. Skip that notice under § 17.505 and the defendant can have your case abated — a trap that catches consumers who rush to court.

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Waiting too long, or admitting too much fault, on a personal-injury claim. You have just 2 years under § 16.003, and if you're found more than 50% at fault under the § 33.001 rule, you recover nothing at all.

How it works

Call 1-844-690-0555 — free, 24/7. No web form, no income test, no waiting on hold for days. Call the moment you get an eviction notice, a deposit denial, or any civil deadline. Available around the clock, including in Spanish.

Talk to an AI legal assistant trained on Texas + federal law. Explain your situation in plain English. You'll get clear legal information on how Texas rules actually work — your 3-day notice, your 5-day appeal window, your deposit rights, your filing deadline. This is legal information, not legal advice, and it creates no attorney-client relationship.

Get matched with a Texas Civil & Housing attorney if you want one. If your matter needs a lawyer, we can help you book a paid consultation with a Texas-licensed attorney, arranged through the call. It's a separate, optional paid step — and you decide whether to take it.

Free & low-cost Civil & Housing help in Texas

If you can't afford a lawyer, Texas has real free and low-cost help for housing and civil matters. These organizations are independent of Legal Hotline, and most are income-qualified. For fast triage anywhere in the state, you can also dial 2-1-1.

Lone Star Legal Aid

Free civil and eviction-defense help across 72 counties covering the Houston metro, East, Southeast, and Northeast Texas — with staff who appear at Harris County JP eviction dockets. Intake (800) 733-8394.

Texas RioGrande Legal Aid (TRLA)

Free civil legal services, including housing and eviction defense, across 68 South, Central, and West Texas counties (Austin, San Antonio, the Rio Grande Valley, and beyond). Housing help line (888) 988-9996.

Legal Aid of NorthWest Texas (LANWT)

Free civil legal aid, including eviction and housing help, for low-income families across more than 100 counties in North and West Texas, including the Dallas–Fort Worth area. Legal Aid Line (888) 529-5277.

Houston Volunteer Lawyers

The pro bono arm of the Houston Bar Association and the largest pro bono provider in Harris County, connecting eligible low-income residents with volunteer attorneys for free civil and eviction help.

TexasLawHelp.org

Statewide self-help portal run by the Texas Legal Services Center: free eviction and civil court forms, plain-language guides, an eviction-referral triage tool, and a county-by-county legal-aid directory.

State Bar of Texas — Lawyer Referral & Information Service

The State Bar's referral line, (800) 252-9690, connects you with a vetted attorney for up to a 30-minute consult costing no more than $20, plus free tenant/landlord resource guides. Separate from Legal Hotline.

Texas Attorney General — Consumer Protection Division

Where many DTPA and consumer-fraud complaints go. File a complaint about deceptive business practices, scams, or unfair trade practices through the AG's consumer protection office.

FAQ — Civil & Housing in Texas

How many days' notice does a landlord have to give before evicting me in Texas?

By default, just 3 days. Property Code § 24.005 sets a 3-day written notice to vacate before the landlord can even file the eviction — your lease can set a different period, but the '30 days' many renters expect usually does not apply. And for a first instance of nonpayment, SB 38 now requires a 'pay or vacate' notice giving you a chance to cure. Because the timing is tight and the rules changed in 2026, call 1-844-690-0555 for free to confirm exactly how many days you have.

What is Texas SB 38 and how did it change eviction in 2026?

SB 38, effective January 1, 2026, overhauled Texas eviction procedure, and the Texas Supreme Court rewrote Rule 510 to match. It tightened service and judgment rules, requires a sworn good-faith, meritorious-defense affidavit to appeal, requires County Courts to hold de novo appeal trials within 21 days, and added a 'pay or vacate' cure right for a first nonpayment. It also created a fast summary-disposition track aimed at unauthorized-occupant (squatter) cases — not ordinary nonpayment. Most older online guides predate all of this. For how SB 38 affects your specific case, call 1-844-690-0555 — free, 24/7.

My Texas landlord won't return my security deposit. What can I do?

Under Property Code § 92.103, your landlord has 30 days to refund the deposit or send an itemized list of deductions — but only after you surrender the unit and give a written forwarding address. Miss that 30-day deadline and the landlord is presumed to have acted in bad faith; § 92.109 then lets you recover $100 plus three times the portion wrongfully withheld plus attorney's fees. Call 1-844-690-0555 for free information on how to demand it back the right way.

How long do I have to appeal an eviction in Texas?

Just 5 days from the judgment in Justice Court. You must file an appeal bond, a cash deposit, or a sworn Statement of Inability to Afford Payment of Court Costs — and under SB 38, swear a good-faith, meritorious-defense affidavit. A properly perfected appeal stops a writ of possession, and the County Court must retry the case de novo within 21 days. This window is short and easy to miss, so call 1-844-690-0555 immediately to understand your steps.

What is the small-claims limit in Texas, and can I bring a lawyer?

Texas Justice Courts hear small-claims money disputes up to $20,000 under Government Code § 27.031 — the highest small-claims cap in the country. And unlike California, Texas DOES allow lawyers in the small-claims hearing, though most people appear on their own. To figure out whether your dispute belongs in Justice Court and how to file, call 1-844-690-0555 for free legal information.

How long do I have to sue after a car accident or injury in Texas?

Generally 2 years. Civ. Prac. & Rem. Code § 16.003 sets a 2-year statute of limitations for personal-injury and wrongful-death claims, usually counted from the date of injury. Miss it and your claim is almost always barred forever. Because the exceptions are narrow and the clock is unforgiving, call 1-844-690-0555 right away to learn how the deadline applies to you.

Can I still recover if the accident was partly my fault in Texas?

Possibly — but only up to a point. Texas uses a 51% modified-comparative-fault bar under Civ. Prac. & Rem. Code § 33.001: if you are found more than 50% at fault, you recover nothing; otherwise your recovery is reduced by your percentage of fault. That single rule decides many Texas injury cases. Call 1-844-690-0555 for free information on how fault could affect your claim.

What is the DTPA and why does the 60-day notice matter?

The Deceptive Trade Practices Act (Bus. & Com. Code Ch. 17) is Texas's powerful consumer-protection law — it can award up to three times your economic damages, plus attorney's fees, when a business acts knowingly. But § 17.505 requires you to send a written notice at least 60 days before you sue, or the defendant can have your case abated. Don't fall into that trap; call 1-844-690-0555 for free legal information first.

I got a notice to vacate but I think it's wrong. Should I just leave?

Not necessarily — but don't ignore it either. You may have defenses (improper notice, retaliation, a deposit dispute, or a cure right for a first nonpayment under SB 38), but you also face very short deadlines and risk a default judgment if you skip the hearing. The safest first step is to learn your actual rights before the court date. Call 1-844-690-0555 — free, 24/7 — to talk it through.

Is Legal Hotline a law firm, and does calling cost anything?

No. Legal Hotline is not a law firm and not a public defender — it gives you free legal information, not legal advice, and the call creates no attorney-client relationship. The call to 1-844-690-0555 is free and available 24/7. If your matter needs a lawyer, we can help you book a paid consultation with a Texas-licensed attorney as a separate, optional step.

Can Legal Hotline help with an immigration matter?

We can give you free general information, but immigration is federal law — handled through USCIS and the immigration courts run by the Justice Department's EOIR, not the Texas state courts. Deadlines there (for example, response and filing dates set by an immigration judge) are strict and separate from anything in this guide. Call 1-844-690-0555 free, 24/7, and we'll point you in the right direction and, if you want, help you reach a licensed attorney.

Are you a Texas Civil & Housing attorney? Join our network

We connect Texans facing evictions, deposit disputes, small-claims matters, consumer (DTPA) claims, and personal-injury deadlines with licensed Texas attorneys who can help. If you practice civil or landlord-tenant law in Texas and want qualified client referrals, we'd like to talk. Join our referral network and we'll route matching matters your way — you decide which to take.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

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