Let me guess, you’re dealing with someone who’s basically hijacked your property and won’t budge. Is it a buddy who was “just crashing for a few days” six months ago or some person who came with the house you bought and thinks they run the place now?
You’re probably losing sleep and money while this person treats your property like their personal kingdom. But some good news: you can kick them out legally, even without a lease. It just takes knowing the right steps, and Southern Hills Home Buyers can guide you through the process.
Oral Lease Agreements and Implied Tenancies
Texas actually counts verbal agreements as real leases. Yeah, that random conversation where you said “just give me $300 a month” totally counts as a lease agreement. And if you’ve taken their money each month, you’ve accidentally created a landlord-tenant relationship.
The weird part is how easily someone can become your “tenant” without any paperwork. They get mail delivered there, leave their PlayStation in the living room, and start calling it “home” on social media. Suddenly, the law sees them as a legitimate month-to-month tenant, even if you thought they were just crashing temporarily.
Can You Evict a Tenant Without a Lease in Texas?
Yes, you can evict a tenant without a lease in Texas. Just because you never signed paperwork doesn’t mean this person gets to live in your place forever. You still own it, and Texas law backs you up on getting them out through the proper channels.
The whole process is actually the same as evicting someone with a regular lease. You give them written notice to leave, and if they ignore you, you take it to court. Judges in Texas handle these situations constantly, so don’t stress about being some weird special case.
Just don’t do anything stupid like changing the locks while they’re out. That’ll land you in way more trouble than you started with.
Valid Reasons for Eviction Without a Lease
Alright, so you want them gone, but you can’t just kick people out because you’re tired of their face. Texas courts need actual reasons, and luckily for you, there are a number of legit ones. Not paying rent is the big obvious one, but you’ve also got property damage, illegal activities, or just wanting to end their month-to-month tenancy.
If they’re truly month-to-month with no written lease, you can actually terminate their tenancy without giving a specific reason. You just need to give proper notice. But having a good reason will make everything smoother if you end up in court. That means you need to document whatever annoying or problematic stuff they’re doing.
What Constitutes an Unlawful Eviction
You cannot just lose your cool and start throwing their stuff on the lawn. Texas takes this seriously and landlords who go rogue end up paying big time. Yes, lawsuits, fines, and possibly even criminal charges.
The classic mistakes people make are changing locks, shutting off utilities, or blocking access to the property. We know it’s tempting when you’re fed up, but resist that urge!
You also can’t evict someone for discriminatory reasons or because they complained about legitimate housing issues. Stick to the legal process, even though it feels slower than you’d like. Trust us, taking shortcuts will cost you way more money and headaches in the long run.
Steps to Evict a Tenant Without a Lease in Texas
Need a guide for getting these people out of your hair? Here it is!
Determine Tenant Status and Tenancy Type
This step is huge because it determines everything else you’ll do. You need to find out if this person is actually a tenant, a guest who overstayed, or some weird in-between situation.
Look at how long they’ve been there, whether they’ve paid you anything, and if they get mail at your address. If they’ve been there more than a few weeks and act like they live there, you’ve probably got yourself a tenant whether you wanted one or not!
Provide Proper Written Notice to Vacate
You can’t just tell your “tenants” to get lost verbally. Texas law demands written notice, and it has to be done exactly right or you’ll be starting over from scratch.
Notice Requirements for Month-to-Month Tenants
For month-to-month situations, you typically need to give them 30 days to pack up and leave. The notice period depends on how often they pay rent. If they pay monthly, they get a month’s notice. If they pay weekly, they only get a week.
However, if they’re behind on rent, you can give them just 3 days to either pay up or get out!
Notice Requirements for Holdover Tenants
Holdover tenants are the ones who had a lease that expired but decided to stick around. You only have to give these folks 3 days’ notice to vacate since they’re technically trespassing on your property.
Their lease is done, their time is up, and Texas law is on your side for getting them out!
How to Serve the Notice Properly
You can’t just text them the notice or slide it under their door and call it good. Texas has specific rules about how to deliver this paperwork and messing it up means you get to start this whole circus over again.
Your best bet is handing it directly to them or someone in their household who’s at least 16 years old. If that doesn’t work, you can tape it to the inside of their main door, not the outside, where it might blow away or get stolen.
You can also mail it certified with a return receipt, but that takes longer, and they might just ignore the mailman. Whatever you do, document everything with photos and keep all your receipts!
File an Eviction Suit in Justice Court
If they ignored your notice and are still camping out on your property, it’s lawsuit time.
Required Documentation for Court Filing
You have to prepare all your paperwork because the court wants to see EVERYTHING! Bring copies of your written notice, any text messages about rent or living arrangements, photos of their stuff all over your property, and proof that they get mail there.
If you’ve got witnesses who saw them acting like they own the place, bring their contact info, too. Don’t forget receipts if they ever paid you anything, utility bills showing increased usage, or social media posts where they called it “home.”
The more evidence you pile up, the easier it’ll be to convince the judge that yes, this person is definitely your tenant and yes, they really need to go!
Timeline for Eviction Hearing
The hearing has to happen between 10 and 21 days after you file your petition. That’s way faster than most legal stuff, so you won’t be waiting around forever while they trash your property.
They’ll get served with court papers at least 6 days before the hearing. This gives them just enough time to panic and hopefully realize they should probably start packing.
Mark that court date on your calendar in red ink because if you don’t show up, you will automatically lose and have to start this whole mess over again. But if they don’t show up, you’ll likely win by default.
Attend the Eviction Hearing
This is your moment to finally get justice. Dress nicely, bring all your evidence in organized folders, and get there early because you want to make a first impression.
The judge will call your case, and you’ll get to tell your side of the story while your troublesome tenant squirms in their seat.
Keep it simple and stick to the facts. When they moved in, what agreements did you have, how they violated those agreements, and why they need to go NOW.
Don’t get emotional or start ranting about how they left dirty dishes everywhere. Just present your evidence calmly and let the paperwork do the talking. Most judges have seen this exact situation a million times, so they’ll know exactly what’s up!
Obtain and Execute Writ of Possession
Once the judge rules in your favor, you will get a fancy court order called a writ of possession. But hold your horses. You still can’t march over there and start tossing their stuff yourself. That’s the sheriff’s job, and they’re way better at dealing with angry people than you are.
Take your shiny new court order to the local sheriff’s office and request that they execute the writ. They’ll post a 24-hour notice on the property and then come back to physically remove the tenant and all their junk. Finally, you can change those locks and do a happy dance because your property nightmare is officially OVER!
Common Situations For No Lease Eviction Scenarios
Oh boy, the stories we could tell you! Every landlord thinks their situation is unique, but you’re probably dealing with one of the classic nightmare scenarios that happen ALL the time.
Family Members and Friends Who Overstay
This one’s difficult because usually, they’re someone you actually cared about before they turned into a problematic tenant. Your sister was “getting back on her feet” for eight months. Your college buddy was “just until he found a job,” but apparently decided your couch was his permanent address.
These situations are the WORST because you feel guilty about kicking out someone you love. But honey, they’re taking advantage of your kindness, and it needs to stop!
More often than not, family and friends think normal landlord-tenant rules don’t apply to them. Spoiler alert: they do!
Blood relation doesn’t give anyone the right to freeload indefinitely. The sooner you treat this like the business relationship it has become, the sooner you’ll get your sanity back.
Inherited Tenants from Property Purchase
You bought a house, and surprise! It came with a bonus human who acts like they own the place. These inherited tenants are often the most entitled bunch you’ll ever deal with because they think the previous owner’s arrangements automatically transfer to you. They don’t, actually!
These people love to pull the “but I had an agreement with the old owner” card, even when there’s zero paperwork to back it up. You didn’t agree to anything with these people, and you’re under absolutely NO obligation to honor some mystery handshake deal from the past.
Start the eviction process immediately and don’t let them guilt-trip you into thinking you’re the bad guy here! And if dealing with tenants has you ready to walk away from the property altogether, consider selling to a company that buys homes in Rockwall or nearby cities for a fast, hassle-free solution.
Roommate Situations Gone Wrong
![Can a tenant be evicted if you sell your home [martket_city]](https://image-cdn.carrot.com/uploads/sites/21284/2025/08/Can-a-tenant-be-evicted-if-you-sell-your-home-in-martket_city.png)
Maybe you thought sharing expenses would be smart, or perhaps you needed help with the mortgage. Now your “roommate” has turned into a lazy, entitled monster who thinks contributing $200 three months ago entitles them to live there forever.
They eat your food, bring sketchy friends over, and act shocked when you suggest they should actually pay their share. The worst part about roommate evictions is that they know all your personal business and exactly which buttons to push to make you crazy.
They’ll promise to “do better” right up until the sheriff shows up at your door. Don’t fall for their sob stories or empty promises. These people have shown you who they really are, so believe them and get them OUT!
Holdover Tenants After Lease Expiration
These are the sneaky ones who think they’ve found the ultimate loophole! Their lease expired months ago, but they’re still hanging around like they discovered some secret squatter’s rights hack. They’ll act all innocent and pretend they “forgot” about the lease ending, but come on, you don’t accidentally forget that your legal right to live somewhere just ended.
The good thing about holdover situations is that Texas law is TOTALLY on your side here. These people are essentially trespassing with extra steps and you can boot them out with just 3 days’ notice.
Don’t let them stall or negotiate. Their time was up when that lease ended, and every day they stay is just them stealing from you!
Landlord Rights and Responsibilities During No-Lease Evictions
Even though these people are driving you insane, you still have to follow the rules and treat them like actual human beings with rights.
What Landlords Cannot Do (Self-Help Eviction)
DO NOT, and I cannot stress this enough, DO NOT try to take matters into your own hands! We don’t care how tempting it is to change those locks while they’re out getting groceries. That’s illegal self-help eviction, and it will blow up in your face spectacularly.
You also can’t shut off utilities, block their access, throw their stuff outside, or basically do anything that forces them out without a court order. Texas courts will destroy you if you try these amateur-hour moves. Your nightmare tenant will suddenly become the victim with a legitimate lawsuit against YOU.
They could end up staying even longer while you pay them damages, legal fees, and possibly face criminal charges.
Stick to the legal process, no matter how frustrated you get. Shortcuts will cost you way more than just being patient and doing it right!
Maintaining Habitability Standards
You still have to keep the property livable even for tenants you’re trying to evict! That means fixing major repairs, keeping utilities running, and making sure the place doesn’t turn into a health hazard.
We know it feels like throwing good money after bad, but failing to maintain habitability can completely tank your eviction case. The tenant’s lawyer will use any maintenance issues against you in court. They’ll claim you’re the one who made the place unlivable.
Don’t give them that ammunition. Keep up with essential repairs and document everything you do so you can prove you’ve been a responsible landlord throughout this whole mess! And if you’re ready to move on completely, you can always work with investor home buyers in Irving or nearby cities who can purchase the property quickly without the typical landlord headaches.
Protecting Tenant’s Personal Property
You can’t just toss their junk on the curb even after you win the eviction! As per Texas law, you need to handle their belongings properly, which means storing them safely and giving proper notice about pickup.
We know their broken-down furniture and collection of empty pizza boxes don’t seem worth protecting, but screwing this up can land you in serious legal trouble. You have to follow specific procedures for storing, inventorying, and eventually disposing of their stuff. Yep, even if it’s complete garbage that you wouldn’t use to line a hamster cage!
Alternative Solutions Before Going to Court
Aside from the legal route, there are some alternatives that might save you time, money, and a massive headache! Let’s talk about some creative ways to get these people out without dragging everyone through the court system.
Cash for Keys Negotiations
You could offer them cold, hard cash to just pack up and disappear! We know it feels like rewarding bad behavior, but think about it. You’re already losing money every month they stay, plus court costs, filing fees, and your precious time.
Of course, offer them a reasonable amount (maybe one month’s rent or whatever you think is worth your sanity) in exchange for them being completely gone within a week.
Make sure you get this agreement in writing. Don’t hand over the cash until they’re actually OUT and change those locks the second they leave. You’ll be shocked how many “stubborn” tenants will suddenly become very reasonable when you wave some cash in their face!
Mediation Options
In some cases, bringing in a neutral third party can work miracles when emotions are running high and communication has completely broken down. Mediation is cheaper than court, faster than waiting for a hearing, and you might actually reach an agreement that works for everyone.
A good mediator can help you both find a timeline for them to leave that doesn’t involve sheriff’s deputies and dramatic eviction scenes. Plus, if they agree to leave voluntarily through mediation, you avoid the whole court process, and they avoid having an eviction on their record. It’s basically a win-win situation that saves everyone time and money!
Written Agreement Modifications
If this person has been somewhat decent but just overstayed their welcome, you might consider offering them a formal lease with a specific end date. This will give them some security while guaranteeing you an exit strategy with a clear timeline. You could offer a short-term lease (like 3 to 6 months) with the understanding that they’ll definitely be out by the end date.
Make sure the lease includes strict rules about rent payments, property care, and behavior. Be crystal clear that any violation means immediate eviction proceedings.
Work with Cash Buyers When Dealing with Problem Tenants!
If you’ve reached the breaking point and you realize that dealing with rental properties isn’t worth the stress and headaches, we have a solution.
Cash buyers are a good option when you’re stuck with problem tenants who refuse to leave. These companies specialize in buying properties quickly, often within days or weeks. They’ll handle all the tenant drama for you.
You can literally walk away from the whole mess and let someone else deal with eviction proceedings. Just count your money and move on with your life!
Key Takeaways: How to Evict a Tenant Without a Lease in Texas
Whew! We’ve covered A LOT of ground here. As we’ve shared in this guide, you can evict someone without a lease in Texas, but you’ve got to play by the rules or you’ll end up in even bigger trouble than when you started. Follow the legal process no matter how tempting it is to take shortcuts: give proper written notice, file your court papers correctly, and let the sheriff handle the actual removal.
Don’t you DARE try changing locks or throwing their stuff outside because that’ll backfire spectacularly and cost you way more money than just doing it right the first time.
If this whole tenant nightmare has you thinking “I’m DONE with being a landlord,” contact us at Southern Hills Home Buyers at (214) 225-3042. Let us deal with the headaches so you can get cash fast.
More Resources To Help You Sell A Home In Texas
| EVICTED | APPEAL | APPEALING | TENANCIES | SUBLEASE | SUBLEASING |
| NORTHWEST TEXAS | TRIAL | J.P. | JP | LEGAL SERVICES | JUDGE |
| FEES | JUDGEMENT | SHERIFF | WITNESSES | WITNESS | REGISTERED MAIL |
| JURY | MONEY | HEALTH | COURT COSTS | ATTORNEY’S FEES | ATTORNEYS’ FEES |
| COMPLAINT | STATUTE | PETS | MORTGAGE | DEFAULT JUDGMENT | APARTMENT |
| A NOTICE TO VACATE |