Texas Tenant Rights After an Eviction

Even after an eviction judgment, Texas tenants have specific legal rights. Understanding them protects you from illegal landlord actions and helps you plan the next steps. This guide covers what landlords can and can’t legally do after an eviction.

The writ of possession requirement

In Texas, a landlord cannot legally remove you from a rental unit without a writ of possession issued by the JP court. The process:

1. Landlord obtains eviction judgment (or defaults if you don’t appear)
2. Landlord waits the required period (typically 5 days for appeal window)
3. Landlord requests writ of possession from the court
4. Constable executes the writ — physically ensuring you vacate
5. Landlord regains possession

Any lockout, lock change, or forced removal before this process is a self-help eviction — illegal under Texas Property Code.

What landlords CANNOT do

• Change locks without a writ
• Remove belongings without a writ
• Cut off utilities to force you out
• Post threats or harassment notices
• Physically threaten or block access
• Refuse a lease violation cure that the lease allows
• Discriminate on Fair Housing protected classes

If any of these happen, contact a legal aid organization immediately. Texas Legal Services Center: 855-270-7655.

What landlords CAN legally do

• File an eviction suit at JP court
• Serve notice to vacate
• Obtain a judgment (default or contested)
• Request a writ of possession after the appeal window
• Retain security deposit for lease-related damages
• Report the eviction to tenant screening databases
• Sue for unpaid rent and damages separately

Your belongings after eviction

Once the constable executes the writ, the landlord may set your belongings outside or arrange their removal. Under Texas law, landlords must give you a reasonable opportunity to retrieve your belongings from the property.

Specific requirements:

• Notice of the intent to dispose of abandoned belongings
• Reasonable period to retrieve
• After the period, the landlord may dispose of remaining items

If your belongings were removed or destroyed without proper notice, you may have a claim. Consult legal aid.

Appeal rights

You have 5 days after the judgment to file an appeal. To appeal:

1. File the appeal at the JP court
2. Post an appeal bond OR pauper’s affidavit
3. Under SB 38, begin depositing ongoing rent into the court registry
4. Case moves to County Court at Law for de novo review

Appeals reset the case — evidence is heard fresh. But the registry rent requirement makes appeals expensive.

Security deposit rights

Under Texas Property Code § 92.101:

• Landlord must return security deposit within 30 days of tenancy end
• Landlord must provide itemized deductions if any is withheld
• Failure to return or itemize may entitle you to 3x the deposit amount plus $100 plus attorney fees

Provide forwarding address in writing when you vacate.

Retaliation protections

Texas Property Code § 92.331 prohibits landlord retaliation for exercising tenant rights — reporting code violations, joining tenant organizations, or exercising other legal rights. If you’re evicted shortly after reporting a maintenance issue or joining BASTA in Austin, retaliation may be a defense.

Where to get help

Texas tenant rights are best enforced through legal aid organizations rather than self-representation:

• Texas Legal Services Center: 855-270-7655 (statewide hotline)
• Texas RioGrande Legal Aid: multiple offices in South Texas
• Lone Star Legal Aid: Houston, DFW, East Texas
• BASTA (Austin): Building and Strengthening Tenant Action
• Texas Low Income Housing Information Service: statewide policy resource

Documentation to preserve

If you’re facing eviction or just went through one, preserve:

• All lease documents
• All notices from landlord
• All correspondence (email, text, physical mail)
• Photos of the unit condition at move-in and move-out
• Receipts for repairs or improvements
• Any evidence of retaliation

Legal aid can use this documentation to defend or pursue claims.

After the writ

You’ve been evicted. Now:

1. Retrieve any belongings within the notice period
2. Provide forwarding address in writing
3. Request itemized deposit accounting
4. Consider whether to appeal (5-day window)
5. Start planning next housing

For the next housing search, see our home page — free licensed apartment locating for renters with evictions.

This guide is not legal advice. For legal help with your specific eviction, contact a Texas legal aid organization.