El Paso, TX Rental Property Rules: Just Cause Eviction (2026)
Just cause eviction rules in El Paso, TX, sometimes called tenant protection or "for cause" eviction ordinances, list the specific legal reasons a landlord can end a tenancy.
Key Facts
- Local Ordinance
- None: state law governs
- Month-to-Month Termination
- 30-day notice, no cause required (§ 91.001)
- Notice to Vacate
- 3 days minimum, Tex. Prop. Code § 24.005
- Retaliation Window
- 6 months from protected act (§ 92.331)
- Eviction Court
- El Paso County Justice of the Peace court
Summary
El Paso has NO local just-cause eviction ordinance. Texas is a no-cause termination state under Tex. Prop. Code § 91.001: a month-to-month tenancy may be ended by either party on 30 days' written notice without stating a reason. Fixed-term leases may be terminated for breach under Tex. Prop. Code Ch. 24.
Sec. 24.001. FORCIBLE ENTRY AND DETAINER. (a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand. Sec. 24.002. FORCIBLE DETAINER. (a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person:(1) is a tenant or a subtenant wilfully and without force holding over after the termination of the tenant's right of possession; (2) is a tenant at will or by sufferance, including an occupant at the time of foreclosure of a lien superior to the tenant's lease; or(3) is a tenant of a person who acquired possession by forcible entry.
Full Breakdown
Texas state law does not require a landlord to articulate just cause to end a month-to-month tenancy. Tex. Prop. Code § 91.001 says either party may terminate on notice and the tenancy ends on the later of the date in the notice or one month after notice is given. For fixed-term leases the landlord must wait until expiration unless the tenant breaches, then issue a three-day notice to vacate under Tex. Prop. Code § 24.005 before suing in justice court. Tex. Prop. Code § 92.331 prohibits retaliatory evictions within six months of a tenant exercising a protected right.
Violations & Fines
There is no El Paso city forum for enforcing just-cause grounds. A tenant may raise retaliation as a defense in the justice-court forcible-detainer suit and may sue under Tex. Prop. Code § 92.333 for one month's rent plus $500, actual damages, court costs, and attorney fees. Wrongful lockouts trigger one month's rent plus $1,000 under § 92.0081.
Frequently Asked Questions
Does El Paso require just cause to evict?
How much notice must an El Paso landlord give to end a month-to-month tenancy?
What if my El Paso landlord evicts me after a code complaint?
Sources & Official References
Other rules in El Paso
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