Eviction Process in San Antonio: Notice, Hearing, and Appeal

The eviction process in San Antonio starts with a written notice to vacate, moves to a forcible detainer lawsuit in the Justice of the Peace court for the precinct where the property sits, and ends, if the tenant will not leave on their own, with a writ of possession executed by a Bexar County Constable. Start to finish, a straightforward case takes three to eight weeks. A contested case or an appeal to county court adds weeks and significant cost. Skipping a step, or botching the notice, usually means starting over.

Step One: The Notice to Vacate

Texas Property Code Section 24.005 requires at least three days’ written notice before a landlord can file an eviction suit, unless the lease sets a longer or shorter period.¹ That minimum applies whether the reason is unpaid rent, a lease violation, or a tenant holding over after the term ended.

When the only issue is nonpayment and the tenant has never been late in a prior month, the notice must be a notice to pay rent or vacate, giving the tenant the chance to catch up. A tenant with a history of late payments can be served a straight notice to vacate with no cure option.¹

Name every adult tenant on the notice, state the reason, and demand possession. Delivery has to use a method the statute authorizes:

Hand delivery to the tenant or to anyone 16 or older living at the property.
Posting on the inside of the main entry door.
Regular, registered, or certified mail with return receipt requested.
Posting on the outside of the front door, available only when a keyless deadbolt, alarm, or dangerous animal prevents entry. The notice goes in a sealed envelope marked with the tenant’s name and “IMPORTANT DOCUMENT” in capitals, and the landlord must also mail a copy the same day before 5:00 p.m. from within the county.¹

That same-day mailing requirement is the one landlords miss most often. Taping a notice to the outside of the door without mailing a copy invalidates the notice, and the three-day clock has to restart.

Step Two: Filing the Eviction Suit in the Right JP Court

If the tenant does not leave after the notice period expires, the landlord files a forcible detainer petition in the Justice of the Peace court for the precinct where the property is located. Bexar County has four JP precincts, and filing in the wrong one gets the case dismissed.²

The filing fee is approximately $54.³ A Bexar County Constable then serves each named defendant with a citation at $117 per defendant.⁴ Three adults on the lease means $351 in service fees alone. Filings can be submitted through the state’s e-filing portal or in person at the JP office.⁵

Name every adult on the lease and serve each one individually. A judgment only binds people who were actually served.⁶

Step Three: The Hearing

The court sets a hearing no fewer than 10 and no more than 21 days after the petition is filed.⁷ Bring the signed lease, proof of the notice to vacate and how it was delivered, a rent ledger showing any unpaid amounts, and documentation of any lease violations. The tenant has the same chance to present evidence and raise defenses.

The judge decides possession and may add back rent and court costs. Attorney fees are a separate question with their own notice rule, covered below.

Step Four: The Five-Day Appeal Window

Either side has five days from the signed judgment to appeal. Weekends and holidays count, but if the courthouse is closed on day five or closes early, the deadline rolls to the next open day.⁸ A tenant can appeal three ways: an appeal bond (usually set at one month’s rent), a cash deposit in the amount the judge sets, or a Statement of Inability to Afford Payment of Court Costs. The landlord has five days to challenge an inability statement they believe is inaccurate.⁹

A tenant who appeals can stay in the property while the appeal is pending, but only by paying rent into the court registry at either fair market rent or $250 per month, whichever is higher. The first payment is due within five days of filing the appeal. Miss a payment, and the landlord can ask the court for permission to proceed with removal before the appeal is decided.⁸

The appeal goes to county court for a brand-new trial, which must happen within 21 days of the county court receiving the case.⁹ If no appeal is filed within five days, the JP judgment becomes final.

Step Five: Writ of Possession and Removal

Once the judgment is final, the landlord asks the court clerk for a writ of possession. The clerk cannot issue it until at least six days after the judgment was rendered.¹⁰ The constable’s execution fee in Bexar County is $282.⁴

Before removing anyone, the constable posts a written warning on the outside of the front door, at least 8½ by 11 inches, stating the specific date and time of execution. That time cannot be sooner than 24 hours after posting.¹⁰ When the constable returns, anyone still inside is ordered to leave, and reasonable force can be used if they refuse.

Personal property is placed outside the unit nearby, but cannot block a public sidewalk or street, and removal does not happen during rain, sleet, or snow. The constable may hire a bonded or insured warehouseman to remove and store the belongings at no cost to the landlord.¹⁰ The landlord has no obligation to store the tenant’s property after the writ is executed.

What a Landlord Cannot Do

Changing the locks, shutting off utilities, or removing a tenant’s belongings without a court order is illegal in Texas no matter how much rent is owed. A landlord who locks a tenant out or removes doors or windows outside the court process is liable for actual damages, court costs, reasonable attorney fees, and a civil penalty of one month’s rent plus $1,000. Failing to provide a new key after a lockout adds another month’s rent. Lease clauses that try to waive these protections are void.¹¹

Interrupting water, electricity, gas, or wastewater carries the same penalty structure, with narrow exceptions for genuine repairs, construction, or emergencies. A tenant whose utilities are illegally shut off can get a writ of restoration from the JP court ordering service turned back on.¹¹

Defenses That Can Derail the Case

Improper notice is the most common defense. Wrong delivery method, too few days, or the wrong type of notice (a straight notice to vacate when a pay-or-vacate was required) can end the case at the hearing.

Retaliation is another. Texas law prohibits filing an eviction within six months after a tenant exercises a legal right such as requesting repairs, reporting code violations, or joining a tenant organization. An eviction filed in that window is presumed retaliatory, shifting the burden to the landlord.¹² The defense does not apply when the tenant is behind on rent, has intentionally damaged the property, or is holding over after the lease ended.

Tenants may also show payment, argue that acceptance of partial rent after the notice waived it, or raise habitability. None of these work automatically; the tenant has to appear and present evidence.

Recovering Attorney Fees

A landlord who wants to recover attorney fees must send a written demand by registered or certified mail, at least 10 days before filing suit, stating that if the tenant does not vacate within 11 days of receiving the notice, the landlord may seek attorney fees. If the lease already contains an attorney-fee clause, that clause satisfies the requirement and no separate demand is needed. The rule cuts both ways: if the lease authorizes attorney fees for either party, or if the landlord sent the statutory demand, a tenant who wins can also recover reasonable attorney fees without having sent any demand.¹³

What It Costs

A single-defendant case in Bexar County runs at least $453 in court and constable fees before any attorney involvement:

Court filing fee: approximately $54³
Constable citation service: $117 per defendant⁴
Writ of possession execution: $282⁴
Attorney fees, if a lawyer is hired: typically $500 to $2,500 for an uncontested residential eviction

Multiple defendants multiply the service fee. An appeal to county court adds further filing costs and weeks of lost rent.

Federally Assisted Properties

Some San Antonio rentals in federal programs, including public housing and project-based rental assistance, carry longer notice periods under federal rules. Section 24.005(c-1) lets a landlord who meets the state notice requirements proceed with filing, but the constable cannot serve the writ of possession until the total time between the notice and the writ service equals or exceeds whatever period federal law requires.¹ Landlords of federally assisted properties should verify current federal requirements before starting; HUD’s rules in this area have been in flux throughout 2025 and 2026.

1
State of Texas. Texas Property Code 24-005 – Notice Required Before Filing Certain Eviction Suits
2
Bexar County. Justice of the Peace
3
Bexar County, TX – Official Website. Bexar County, TX – Filing Fees
4
Bexar County, TX – Official Website. Civil Process – Section: Fees For Service of Civil Process
5
eFileTexas.Gov. eFileTexas.Gov – Official E-Filing System for Texas
6
Texas Law Help. Eviction
7
Texas Courts. Rule 510 – Eviction Cases
8
Texas Law Help. Appealing an Eviction
9
Texas Courts. Texas Rules of Civil Procedure – March 1, 2026
10
State of Texas. Texas Property Code 24-0061 – Writ of Possession
11
State of Texas. Texas Property Code 92-008 – Interruption of Utilities
12
State of Texas. Texas Property Code 92-331 – Retaliation by Landlord
13
State of Texas. Texas Property Code PROP 24-006 – Attorneys Fees and Costs of Suit