Midland, TX Rental Property Rules: Just Cause Eviction (2026)
Just cause eviction rules in Midland, TX, sometimes called tenant protection or "for cause" eviction ordinances, list the specific legal reasons a landlord can end a tenancy.
Key Facts
- Standard notice
- 3 days written notice to vacate
- Foreclosure purchaser (residential)
- 30 days notice, tenant paying rent
- Notice timing
- Must fully expire before suit is filed
- Delivery methods
- Personal, door-affixed, or certified mail
- Governing law
- Tex. Prop. Code § 24.005, not Midland code
- Venue
- Midland County justice courts (forcible detainer)
Summary
Texas has no just-cause eviction requirement, and Midland has not enacted one; state law fills the gap. Texas Property Code Sec. 24.005 forces every Midland landlord to serve written notice to vacate, at least three days for a defaulting or holdover tenant, before filing a forcible detainer suit in a Midland County justice court.
Sec. 24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT. (a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001. (b) ... If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease and the tenant timely pays rent and is not otherwise in default under the tenant's lease after foreclosure, the purchaser must give a residential tenant of the building at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease.
Full Breakdown
Because Midland's own code is silent on eviction grounds, the controlling rule is Texas Property Code Sec. 005, Notice to Vacate Prior to Filing Eviction Suit. Subsection (a) requires at least three days' written notice before a landlord may file a forcible detainer suit against a tenant who defaults or holds over past the lease term, unless the lease sets a shorter or longer period; a holdover suit must also satisfy the Sec. 001 termination notice. Subsection (b) applies the same three-day floor to a tenant at will or by sufferance, and gives a purchaser at a tax or trustee's foreclosure sale at least 30 days' written notice to a paying, non-defaulting residential tenant before ending the lease.
Subsection (c) covers a tenant of someone who took possession by forcible entry, and subsection (d) requires oral or written notice, immediate or by a deadline, where the occupant's own entry was forcible. Subsection (e) bars sending the vacate notice until any lease-required eviction-response period expires. Delivery is prescribed in detail: subsection (f) allows personal delivery to the tenant, to any resident 16 or older, or by affixing the notice to the main entry door, or service by regular, registered, or certified mail; subsection (f-1) lets a landlord instead seal the notice in an envelope marked 'IMPORTANT DOCUMENT,' affix it to the outside of the door, and mail a copy the same day if the unit has no mailbox and a bolting device, alarm, or dangerous animal blocks entry, or if personal delivery poses a safety risk.
Subsection (g) starts the notice period on the day of delivery, and subsection (i) lets the landlord combine a rent-due reminder with the vacate demand. No Midland ordinance adds grounds, extends these periods, or requires a stated reason.
Violations & Fines
A forcible detainer suit filed before the Sec. 24.005 notice period has fully run is defective; under Sec. 24.0051 the justice court citation must warn that failure to appear can result in a default judgment, and a tenant can challenge an undelivered or premature notice to block or delay the writ of possession. Improper delivery under subsections (f) or (f-1), such as mailing without also affixing a required door notice, restarts the notice clock and can force the landlord to re-serve before refiling.
Frequently Asked Questions
Does Midland require landlords to have a just cause to evict?
How much notice must a Midland landlord give before evicting a tenant?
How can the notice to vacate legally be delivered in Midland?
Where does an eviction case get filed after notice expires?
Sources & Official References
Other rules in Midland
Texas rules heatmap·Compare Midland to another location·View the Texas rental property rules overview
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