Dallas Eviction Process: Notice, Hearing, and Writ of Possession

The Dallas eviction process runs through the Justice of the Peace court for the precinct where the rental sits, and it has a fixed order: deliver a written notice to vacate, file an Original Petition for Eviction, let the constable serve the tenant, win a judgment at a hearing held 10 to 21 days after filing, wait out a five-day appeal window, and then request a writ of possession so the constable can remove the tenant. An uncontested case takes roughly four to five weeks and costs several hundred dollars in filing and service fees. Procedural rules revised as of January 1, 2026 shortened some timelines and added a path to judgment without a full trial.

Start With a Written Notice to Vacate

No eviction can be filed in Dallas until the tenant has received a written notice to vacate. Texas Property Code Section 24.005 sets the default at three days for nonpayment of rent or holding over past the lease term, but a written lease can shorten or lengthen that period, so read the lease before counting days.¹

When the only issue is unpaid rent and the tenant has no prior history of late payments with you, the notice has to be framed as a “pay or vacate” notice. The tenant must be given the chance to catch up before the deadline runs.¹

Delivery has to follow one of three approved methods: hand delivery to the tenant or to any resident at least 16 years old, posting on the inside of the main entry door, or mail (regular, registered, or certified) to the premises. A limited fourth method allows posting the notice in a sealed envelope on the outside of the front door, but only when the property has no mailbox and entry is blocked by a keyless deadbolt, alarm, or dangerous animal, or when personal delivery would risk harm; a copy must be mailed the same day.²

Delivery problems sink eviction cases. If a tenant challenges the method and you cannot prove compliance, the judge will dismiss the suit no matter what the rent ledger shows.

File the Petition in the Right JP Court

After the notice period expires with the tenant still in place and still unpaid, file an Original Petition for Eviction with the Justice of the Peace court covering the precinct where the property is located. Dallas County has several precincts, and filing in the wrong one gets the case dismissed.³ Dallas County publishes a precinct locator on its JP courts page.⁴

The petition must list the full legal names and addresses of all adult occupants and the owner, the amount of unpaid rent, and a description of the lease violation or other grounds. Federal law also requires an affidavit stating whether each defendant is on active military duty; a tenant who is may be entitled to a stay or other protections under the Servicemembers Civil Relief Act.⁵ Petitions can be filed online through eFileTexas.gov or in person at the precinct clerk’s office.⁶

Fees in Dallas County run $134 for the eviction filing⁷ plus $80 per defendant for constable service of the forcible detainer citation.⁸

Service and the Trial Date

Once the clerk processes the filing, the court issues a citation. The constable has five business days from the filing date to make a diligent effort to serve the citation and the petition on the tenant. The citation names the trial date, which under the current rules must fall between 10 and 21 days after the petition is filed.⁹ A tenant who does not show up usually loses by default.

The Summary Disposition Shortcut

Since January 2026, a landlord can file a sworn motion for summary disposition at the same time as the petition. If the facts are undisputed, the court can rule for the landlord without holding a trial.¹⁰

The motion has to be sworn and include supporting facts and attachments, usually the lease and payment history. When the citation carries a summary disposition notice, the tenant has only four days after service to file a written response backed by facts and documents. If the response does not raise a genuinely disputed fact, or if the tenant files nothing, the court can enter judgment without a hearing. A late response can still be considered if it raises a real factual dispute.¹⁰ The route works well for clean nonpayment cases; when the tenant raises a legitimate defense, the case proceeds to a normal trial.

The Hearing

At a contested trial, both sides present evidence. Bring the signed lease, the rent ledger or payment history, the notice to vacate with proof of delivery, and any written communications showing the default. The tenant may raise defenses such as improper notice, retaliation, or habitability issues. The judge decides based on what is in front of the court that day.

A ruling for the landlord produces a judgment for possession, usually including unpaid rent and court costs. For default judgments, the court must mail a copy to the tenant at the premises within 48 hours.¹¹

The Five-Day Appeal Window

The tenant has five calendar days after the judgment is signed to appeal, counting weekends and holidays. If the fifth day falls on a day the court is closed, filing on the next business day is allowed. An appeal moves the case to a County Court at Law for a brand-new trial. The tenant must file a verified notice of appeal stating a good-faith belief they should win, together with an appeal bond, a cash deposit, or a Statement of Inability to Afford Payment of Court Costs. Once an appeal lands, the county court must hold the new trial within 21 days of receiving the file.¹²

If no appeal is filed within five days, the judgment is final and you can request the writ.

The Writ of Possession and Removal

A writ of possession is the order that lets the constable physically remove the tenant. Texas Property Code Section 24.0061 bars the court from issuing it until at least six days after the judgment is signed, which lines up with the appeal window.¹¹ Requesting the writ costs a constable execution fee that varies by precinct; in Dallas County Precinct 4, for example, the fee is $400.¹³

After the writ issues, the constable has five business days to serve it. Service runs in two stages. First, the constable posts a written warning (at least 8½ by 11 inches) on the outside of the front door stating the date and time the writ will be executed, which must be at least 24 hours after the warning is posted. Second, if the tenant has not left by that time, the constable returns, puts the landlord in possession, orders all occupants out, and removes anyone who refuses. The constable also supervises removal of the tenant’s belongings from the unit. Belongings must be set outside at a nearby location that does not block sidewalks or public passageways, and not during rain, sleet, or snow.¹¹

What Happens to the Tenant’s Belongings

Texas law does not let a landlord throw a tenant’s property in the dumpster. After the writ is executed, the tenant must be given at least 30 days from the date of a written notice to claim their belongings. If nothing is claimed within that window, the items can be sold at a public or private sale, with proceeds applied first to packing, moving, and storage costs and then to unpaid rent. Any surplus goes to the tenant at the last known address, and items with no resale value can be disposed of.

Do Not Try to Shortcut the Court Process

Changing the locks, pulling the doors off, shutting off utilities, or seizing a tenant’s property outside the court process is illegal under Texas Property Code Section 92.0081. A tenant who is illegally locked out can recover a civil penalty of one month’s rent plus $1,000, actual damages, reasonable attorney’s fees, and court costs. Blocking the tenant from retrieving belongings adds another month’s rent on top.¹⁴ The self-help landlord often ends up writing the check.

When You Cannot File At All: Retaliation and Bankruptcy

Two situations can block an otherwise valid case. Texas Property Code Section 92.331 bars eviction within six months of a tenant exercising a protected right such as requesting repairs, reporting a code violation, or joining a tenant organization. The bar does not protect a tenant who genuinely owes rent or committed a serious lease breach, but tight timing between a complaint and a notice can be enough for a judge to dismiss, so document the independent reason carefully before proceeding.¹⁵

A tenant bankruptcy filing triggers a federal automatic stay. If the filing comes before the judgment for possession is signed, the stay freezes the case until the bankruptcy court lifts it or the bankruptcy resolves. If the filing comes after the judgment, 11 U.S.C. § 362(b)(22) generally lets enforcement continue, though the tenant can buy up to 30 extra days by filing a certification and depositing one month’s rent with the bankruptcy clerk. The stay does not pause evictions based on illegal activity or property damage regardless of timing.¹⁶ The penalties for violating the automatic stay are serious, so talk to an attorney if a bankruptcy lands mid-case.

Total Cost and Timeline

Typical out-of-pocket costs in Dallas County:

On timing, an uncontested eviction with no appeal can move from the notice to vacate through writ execution in about four to five weeks. The three-day notice, 10 to 21 days to trial, five days of appeal window, and constable scheduling for the writ add up quickly. A contested case with a county court appeal adds another three to four weeks at minimum. Each step has a hard deadline, and missing one resets the clock.

1
State of Texas. Texas Property Code Section 24.005 – Notice to Vacate Prior to Filing Eviction Suit
2
State of Texas. Texas Property Code PROP Section 24.005 – Notice to Vacate Prior to Filing Eviction Suit
3
State of Texas. Texas Property Code Section 24.004 – Jurisdiction and Dismissal
4
Dallas County. Justice of the Peace and Justice Courts
5
United States Courts. Servicemembers Civil Relief Act (SCRA) – Section: Protection Against Default Judgements
6
eFileTexas.Gov. Official E-Filing System for Texas
7
Dallas County. Judge Jones, JP 1-1 Filing Fees
8
Dallas County. Constable Precinct 1 Service and Fee Schedule
9
Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 510.8
10
Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 510.10
11
State of Texas. Texas Property Code Section 24.0061 – Writ of Possession
12
Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 510.20
13
Dallas County. Dallas County Constable Precinct 4 – Service and Fee Schedule
14
State of Texas. Texas Property Code Section 92.0081 – Removal of Property and Exclusion of Residential Tenant
15
State of Texas. Texas Property Code Section 92.331 – Retaliation by Landlord
16
Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay