The Bexar County eviction process runs through the Justice of the Peace courts under Texas Rules of Civil Procedure 500 through 510, and it moves in a fixed sequence: written notice to vacate, sworn petition, service on the tenant, hearing, judgment, a five-day appeal window, and finally a Writ of Possession carried out by a constable.1Bexar County, TX – Official Website. Civil Cases From notice to lockout, a straightforward case typically takes three to four weeks. Skipping a step or botching the notice almost always means starting over.
Step 1: Deliver a Written Notice to Vacate
Nothing can be filed in court until the tenant has received a written notice to vacate. Texas Property Code Section 24.005 sets the default at three days for nonpayment or holdover tenants, but the lease controls if it specifies a different period (one day, ten days, whatever the contract says).2State of Texas. Texas Property Code PROP 24.005 – Notice to Vacate Prior to Filing Eviction Suit The clock starts the day the notice is delivered, not the day it was written.
Only four delivery methods count:
- Handing the notice to the tenant or anyone 16 or older who lives at the property.
- Attaching it securely to the inside of the main entry door.
- Placing it in a sealed envelope on the outside of the main entry door, marked with the tenant’s name, address, and the words “IMPORTANT DOCUMENT,” then mailing a copy by 5 p.m. the same day.
- Sending it by regular, certified, or registered mail to the rental property.
Slipping a notice under the door, leaving it on a windowsill, or taping it to a screen door does not satisfy the statute, and courts dismiss cases built on those shortcuts.3Texas Judicial Branch. Landlords Notice to Vacate Prior to Filing Eviction FAQs
Step 2: File the Eviction Petition in the Right JP Precinct
Once the notice period runs out and the tenant has not left, the landlord files a sworn Original Petition for Eviction with the Justice of the Peace precinct covering the property’s address.4Bexar County, TX – Official Website. Civil Division of Precinct 1 Bexar County has four JP precincts; filing in the wrong one is a common and avoidable delay. The petition lists all adult occupants by full legal name, the property address, the grounds for eviction, and any rent or fees owed through the filing date.
Filings go to the court clerk in person, and some precincts accept filings through eFileTexas, though e-filing is not required in Justice Court.5eFileTexas.Gov. Official E-Filing System for Texas Under the 2025 Bexar County fee schedule, the petition costs $54 to file, with a $117 service fee for each defendant a constable must serve, totaling $171 for a single-defendant case or $288 for two.6Bexar County, TX – Official Website. Filing Fees New civil process fees took effect January 1, 2026, so confirm current amounts with the clerk before you file.
Step 3: Service on the Tenant
After the petition is filed, the clerk issues a citation setting a court date, and a Bexar County constable or sheriff’s deputy serves the tenant at least six days before trial.7Texas Justice Court Training Center. Rule 510 – Eviction Cases If the constable fails to reach the tenant after at least two attempts at different times of day, alternative service kicks in: the citation gets secured to the front door, a copy goes out by first-class mail, and the officer files a sworn statement describing the attempts. Alternative service carries the same legal weight as hand delivery.
Step 4: The Hearing
At trial, the landlord brings the lease, proof the notice to vacate was delivered properly, and a current rent ledger. The judge takes testimony from both sides and, if the landlord proves the right to possession, signs a judgment that can include back rent and court costs.
Either side can demand a jury. The written request and $22 jury fee must be filed no later than three days before trial; miss that deadline and the right is waived.7Texas Justice Court Training Center. Rule 510 – Eviction Cases Jury trials in eviction cases are uncommon but do happen when a tenant has a serious factual defense.
Step 5: After the Judgment — The Five-Day Window
A judgment for possession does not clear the way for a lockout the same afternoon. No Writ of Possession can issue before the sixth day after the judge signs the judgment.8State of Texas. Texas Property Code 24.0061 – Writ of Possession During those five days, the losing party can appeal to county court by posting a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs.9South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 510.9 – Appeal
Appealing on financial hardship has conditions attached that catch tenants off guard. In a nonpayment case, a tenant who files an inability-to-pay statement must also deposit one rental period’s worth of rent into the court registry within five days of filing. As the appeal proceeds, rent must continue going into the registry within five days of each due date set by the lease.9South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 510.9 – Appeal Miss a deposit and the court can issue a Writ of Possession without another hearing. Filing the appeal does not pause the rent obligation.
Step 6: Writ of Possession and the Lockout
If the tenant neither moves nor appeals within five days, the landlord asks the clerk for a Writ of Possession. Under the 2025 fee schedule, that is $5 to file plus a $282 constable service fee.6Bexar County, TX – Official Website. Filing Fees Confirm the current figures, since the 2026 civil process fees took effect January 1.
Before executing the writ, the officer posts a written warning on the outside of the front door, at least 8½ by 11 inches, stating the exact date and time the writ will be carried out. That date must be at least 24 hours after the warning goes up.8State of Texas. Texas Property Code 24.0061 – Writ of Possession When the officer returns, anyone still inside is told to leave and can be physically removed. Belongings go outside to a nearby location that does not block a public sidewalk or street. The writ cannot be executed in rain, sleet, or snow. In some cases the officer brings in a warehouseman to remove and store the property, and a tenant lien attaches to the stored items with a 30-day window to pay storage costs and reclaim them.
What Landlords Cannot Do
A landlord who skips the courthouse and tries to force a tenant out personally is committing an illegal lockout under Texas Property Code Section 92.0081. Changing the locks, removing doors, cutting utilities, or dragging belongings to the curb before the writ issues all qualify. A tenant can go to Justice Court for a writ of re-entry and sue for one month’s rent plus $1,000, actual damages, court costs, and attorney’s fees.10Texas State Law Library. Lockouts – Landlord Tenant Law The formal eviction still has to happen afterward.
Retaliation is also off the table. Texas Property Code Section 92.331 bars a landlord from filing eviction, raising rent, cutting services, or terminating a lease within six months after the tenant reports a code violation, requests a repair, or joins a tenant organization.11State of Texas. Texas Property Code 92.331 – Retaliation by Landlord A legitimate nonpayment eviction still goes forward even if the tenant recently complained; the protection is not a blanket shield.
If the Tenant Is on Active Military Duty
The federal Servicemembers Civil Relief Act, 50 U.S.C. Section 3951, bars eviction of a servicemember or dependents from a primary residence without a court order when rent falls below an annually adjusted threshold.12Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress If military service has materially affected the ability to pay, the court must stay proceedings for at least 90 days and can extend further.
Before any Bexar County JP court enters a default judgment against a tenant who failed to appear, the landlord must file an affidavit stating whether the defendant is in the military.13United States Courts. Servicemembers Civil Relief Act If status cannot be determined, the court may require a bond. Skipping the affidavit can void the judgment outright.
Fee Waivers for Either Side
Filing fees, service costs, and appeal bonds can be waived by submitting a Statement of Inability to Afford Payment of Court Costs, a form approved by the Texas Supreme Court. Qualification is automatic for anyone receiving SNAP, Medicaid, SSI, TANF, Section 8, or CHIP; attach proof of the benefit.14Texas Judicial Branch. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond Without public benefits, you can still qualify by listing income, assets, and expenses on the form. Representation by a legal aid provider also qualifies.
For a tenant appealing, the Statement replaces the appeal bond or cash deposit. It does not, however, eliminate the obligation to deposit ongoing rent into the court registry in a nonpayment case.