Receiving an eviction notice can be overwhelming, especially in Austin’s highly competitive rental market. Many tenants are unaware that not all eviction notices are legally valid, and landlords must strictly follow Texas law before a tenant can be forced to leave their home.
The Austin Office of the Law Office of Bryan Fagan, PLLC helps tenants throughout Austin and Travis County understand eviction notices, identify legal defenses, and protect their housing rights. Early action can often delay, dismiss, or resolve an eviction case before it results in removal.
Understanding Eviction Notices in Texas
In Texas, eviction is a court-supervised process. A landlord cannot lawfully remove a tenant without following each required step.
Common Reasons for Eviction
Landlords may issue eviction notices for reasons such as:
- Nonpayment of rent
- Alleged lease violations
- Holdover tenancy after lease expiration
- Claims of property damage or nuisance
However, even when a reason exists, the eviction must follow strict legal procedures.
Notice to Vacate Requirements
Before filing an eviction lawsuit, landlords generally must provide a written Notice to Vacate.
In most cases, the notice must:
- Be in writing
- Provide at least 3 days’ notice (unless the lease states otherwise)
- Be delivered properly (in person, by mail, or posted as allowed by law)
- Comply with Texas Property Code and lease terms
If the notice is defective, the eviction case may be dismissed.
Illegal Evictions in Austin
Landlords cannot evict tenants without a court order. Illegal eviction actions include:
- Changing locks without proper legal notice
- Shutting off utilities
- Removing doors or windows
- Harassing or threatening tenants
- Forcing a tenant to leave without a court judgment
Tenants subjected to illegal eviction may have legal claims against the landlord.
Tenant Defenses to Eviction
Tenants may have valid legal defenses depending on the facts of the case.
Common Eviction Defenses Include:
- Improper or missing Notice to Vacate
- Landlord’s failure to make required repairs
- Retaliation for requesting repairs or reporting code violations
- Rent disputes or accounting errors
- Discrimination or fair housing violations
- Lease violations by the landlord
A strong defense can delay, dismiss, or resolve an eviction case.
Eviction Court Process in Travis County
If a landlord files an eviction case:
- The case is filed in Justice Court
- The tenant receives a citation
- A hearing is scheduled—often quickly
- A judge hears both sides
- A judgment is issued
Tenants have limited time to respond or appeal, making early legal guidance critical.
Right to Appeal & Stay of Eviction
In some cases, tenants may:
- Appeal an eviction judgment
- Request additional time to move
- Remain in the property during appeal (specific rules apply)
Deadlines are strict, and missing them may result in immediate removal.
Landlord Retaliation Is Illegal
Texas law prohibits eviction in retaliation for:
- Requesting lawful repairs
- Reporting housing or code violations
- Exercising tenant rights
- Joining a tenant organization
Retaliatory eviction may be raised as a defense in court.
How the Austin Office Can Help
The Law Office of Bryan Fagan, PLLC assists Austin-area tenants with:
- Reviewing eviction notices
- Identifying eviction defenses
- Representing tenants in eviction court
- Negotiating move-out agreements
- Preventing illegal lockouts
Our Austin Office understands Travis County eviction courts, local rental practices, and Texas Property Code requirements.