Texas eviction guide
For after a trustee's deed, when someone is still in the property. Not legal advice. Consult a Texas attorney before you serve a notice or file a suit.
Free
PDF · 15 pages.
Who it is for. People who already have a trustee's deed and need the possession rules in Property Code Chapter 24.
What the guide covers
- Occupied property after the deed, and cash-for-keys as a private agreement.
- Notice to vacate under §24.005, including the three-day rule and the 30-day tenant rule after a trustee's sale.
- Tenants of the former owner, including the Permanently Protecting Tenants at Foreclosure Act and §24.005(c-1).
- Justice court, the hearing, a five-day appeal, and the writ of possession under Rule 510.18(g).
- Lockouts and utility shutoffs under §§92.008 and 92.0081.
- The justice court filing fee of $54 cited by the Texas Justice Court Training Center, and county service fees that are not a single statewide price.
Questions
Does the trustee's deed remove the occupant?
No. The deed is not a writ of possession. Possession of an occupant is handled under Property Code Chapter 24, after the notice that applies.
Is the notice always three days?
No. Section 24.005(a) and the first sentence of §24.005(b) use three days unless a written agreement says otherwise. A residential tenant after a trustee's sale under a superior lien can be entitled to 30 days under §24.005(b). A federal rule can require longer, and §24.005(c-1) keeps the writ from being served early.
Can I change the locks the day of the sale?
Do not use a lockout or a utility shutoff to force someone out. Residential tenants are covered by §§92.008 and 92.0081. The constable serves a writ of possession.
Related guides
The auction guide stops at the deed. This page starts there.