Holdover Tenants in Texas: Evicting After the Lease Ends
Updated 2026-07-01 · Reflects SB 38 (eff. Jan 1, 2026)When a Texas lease expires and the tenant stays, you cannot go straight to the courthouse: a holdover tenant is still entitled to at least 3 days' written notice to vacate under Prop. Code §24.005 before you file the eviction petition. The lease ending changes the ground for eviction — it doesn't remove the notice requirement.
Don't accept rent unless you mean to
Accepting a rent payment after the term ends usually creates a month-to-month tenancy on the old lease's terms — which then needs a §91.001 termination notice (a month, tied to the rent period) before the 3-day vacate notice. If you want the tenant out at term end, refuse further rent and serve the vacate notice promptly.
The two-notice trap
Fixed-term expired, no rent accepted → one notice: the 3-day §24.005 notice to vacate, then file. Tenancy rolled month-to-month (rent accepted) → two notices: the §91.001 termination first, then the 3-day vacate notice after the termination date passes. Filing with the wrong notice stack is a routine dismissal.
Holdover damages
Your lease can (and should) set a holdover rent rate. Without a clause, you can recover the reasonable rental value for the holdover period in the eviction judgment along with costs.
Court-ready notices pre-filled with your details — free to start.
Frequently asked questions
Can I change the locks when the lease ends?
No — lockouts outside the narrow §92.0081 procedure are illegal even after lease expiry, and expose you to a tenant's re-entry claim plus penalties.
Does a non-renewal letter count as the eviction notice?
No. A non-renewal tells the tenant the lease won't continue; the §24.005 notice to vacate is a separate demand for possession that starts the eviction clock.
What if only one of two tenants stays?
Serve the notice on the holdover occupant(s) at the premises; anyone in possession needs to be named and served in the eviction case.
More Texas guides
- How to Evict a Tenant in Texas (2026 Rules)
- Texas 3-Day Notice to Vacate & Pay-or-Vacate Notice (2026)
- How Much Does an Eviction Cost in Texas? (Verified 2026 County Fees)
- Texas Eviction Timeline: How Long It Takes in 2026
- SB 38: What Changed in Texas Eviction Law on January 1, 2026
- Texas Security Deposit Rules: The 30-Day Return Deadline