Evicting without a written lease in Texas
A Texas tenant with no written lease is month to month and gets at least one month's notice under Property Code 91.001 before a notice to vacate can follow.
Build a month to month termination notice, $19
No written lease but paying rent
That is a month to month tenancy. Terminate it with notice at least one month before the termination date (91.001). If the occupant stays past that date, deliver a notice to vacate for holding over, then file. New 24.005(a) requires the 91.001 step for holdover suits.
Family member or guest not paying
Texas still treats a person you let live there as a tenant at will. The practical path is the same: written termination with reasonable notice, then a notice to vacate, then an eviction suit. Changing the locks or removing their property is a self help eviction with penalties under 92.008 and 92.0081.
Squatter who never had permission
That is a forcible entry and detainer, not a tenancy. Since 2026 you may file a sworn motion for summary disposition with the petition (24.005106, Rule 510.10); the defendant has 4 days to respond and judgment can come as early as day 5. The procedure is not available if there was ever an owner and resident relationship.
Questions landlords ask
Can I evict someone in Texas without a lease?
Yes. Terminate the month to month tenancy with one month's notice, deliver a notice to vacate if they stay, then file in justice court.
How do I evict a family member in Texas?
The same way as any tenant: written termination, notice to vacate, eviction suit. Self help removal is illegal.
Can police remove a squatter in Texas?
Sometimes for criminal trespass when there was never any permission, but most departments send owners to justice court. The 2026 summary disposition procedure is built for this.
Sources
- SB 38 enrolled text (Acts 2025, 89th Leg., ch. 960)
- Texas Supreme Court Misc. Docket 25-9105, Rule 510 as amended
- Texas State Law Library, The Eviction Process
Related
Texas Notice provides forms and information. These forms and this website are not a substitute for the advice of an attorney.