The Texas eviction process is a court-supervised sequence that begins with a written notice to vacate, moves to a lawsuit in Justice Court, and ends, if the tenant still won’t leave, with a constable executing a writ of possession. From the first notice to a final judgment, most cases run three to six weeks. An appeal can add months. Every step is set by the Texas Property Code and the Texas Rules of Civil Procedure, and a landlord who skips or fumbles a step can have the case dismissed.
When a Landlord Can File
A landlord can bring an eviction suit only when a tenant has no legal right to stay and refuses to leave. Texas recognizes three situations.1State of Texas. Texas Property Code 24.002 – Forcible Detainer
- Holding over after the lease expires or is properly terminated.
- Occupying as a tenant at will or by sufferance, including someone still in a home after a foreclosure sale.
- Occupying under someone who took possession of the property illegally.
Nonpayment of rent is by far the most common ground and falls under the “default” language of the notice statute. Other lease violations, such as an unauthorized pet or an unapproved sublet, also count as defaults. The landlord has to identify a specific breach or termination event before anything else happens.
The Notice to Vacate
Before filing anything in court, the landlord must deliver a written notice to vacate. The default notice period is three days, but the lease can set a shorter or longer window.2Texas Constitution and Statutes. Texas Property Code 24.005 – Notice to Vacate Prior to Filing Eviction Suit The clock starts the day after delivery.
Delivery can happen three ways:
- In person, handed to the tenant or to anyone at least 16 years old living at the property, or affixed to the inside of the main entry door.
- By regular, registered, or certified mail to the rental address.
- Taped to the outside of the front door in a sealed envelope marked with the tenant’s name, address, and the words “IMPORTANT DOCUMENT” in capital letters, if the landlord cannot get inside because of changed locks or animals. A second copy must be mailed from within the same county that same day.2Texas Constitution and Statutes. Texas Property Code 24.005 – Notice to Vacate Prior to Filing Eviction Suit
The notice should state the date of delivery, the reason the tenant must leave, and the deadline. A vague or undated notice gives the tenant a straightforward argument for dismissal.
Federally Backed Properties
If the rental has a federally backed mortgage, participates in Section 8, or is public housing, federal law may require a 30-day notice to vacate for nonpayment of rent rather than the state’s three days. As of early 2026, HUD indefinitely delayed a proposed rule that would have rescinded the 30-day requirement, so it remains in effect. A landlord who isn’t sure whether their property qualifies should check with the mortgage servicer or housing authority before sending a shorter notice.
Filing the Suit in Justice Court
Once the notice period runs out and the tenant hasn’t left, the landlord files a petition for eviction, formally called a forcible detainer suit, in the Justice of the Peace court for the precinct where the property sits.3State of Texas. Texas Property Code 24.004 – Jurisdiction and Dismissal Filing in the wrong precinct is a jurisdictional defect and will get the case tossed.
The petition must include:
- Names and contact information for the landlord and every tenant being evicted
- The full address of the rental property
- The grounds for eviction
- The date the notice to vacate was delivered
- A copy of the lease and the notice to vacate
Filing costs vary by county, generally $50 to $150 for the petition, plus a service fee of $75 to $200 per tenant for the constable to deliver court papers. Those are separate charges, so adding tenants named on the same lease raises the bill quickly.
Military Status Affidavit
Federal law requires the landlord to file an affidavit stating whether the tenant is on active military duty before the court can enter a default judgment. The requirement comes from the Servicemembers Civil Relief Act and applies to every eviction, not just those involving known military personnel.4Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments Status can be verified through the Department of Defense’s free online lookup. A false affidavit is a federal crime punishable by up to one year in prison.
The Hearing
After the petition is filed, the clerk issues a citation that a constable or sheriff delivers to the tenant. The citation must reach the tenant at least six days before the hearing, and the hearing itself has to be scheduled between 10 and 21 days after the petition is filed.5South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 510.4 – Issuance, Service, and Return of Citation
At the hearing, the landlord presents evidence of the violation or nonpayment and the tenant responds. The judge reviews the lease, the notice, payment records, and any other documentation. If the landlord wins, the judge signs a judgment for possession and can add unpaid rent and court costs.
Justice Court eviction cases are limited to one question: who has the right to possess the property. The court cannot resolve ownership disputes, and neither side can bring counterclaims or add third parties.3State of Texas. Texas Property Code 24.004 – Jurisdiction and Dismissal A tenant who thinks the landlord owes them money for repairs or a security deposit has to file a separate lawsuit in a different court.
Either side can demand a jury trial by making a written request at least three days before trial and paying a $22 fee.6Harris County Justice of the Peace Courts. Filing Eviction Cases
Tenant Defenses
Tenants have real defenses available. A defective notice, a missed waiting period, or filing in the wrong precinct can get a case dismissed on procedural grounds. Texas law also presumes retaliation for six months after a tenant requests repairs, files a complaint with a government agency, or joins a tenant organization; during that window, an eviction filing, a rent increase, or a reduction in services is treated as retaliatory unless the landlord proves a legitimate non-retaliatory reason such as actual nonpayment or illegal activity.7State of Texas. Texas Property Code 92.331 – Retaliation by Landlord Proof of payment, through bank statements, receipts, or money order stubs, defeats a nonpayment claim.
Appealing the Judgment
A tenant who loses has five days from the signing of the judgment to appeal to County Court. The appeal is perfected by posting an appeal bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs.8Harris County Justice of the Peace Courts. Texas Rules of Civil Procedure Part V – Rule 510.9 Appeal The bond amount is typically one month’s rent. Missing the five-day deadline forfeits the right to appeal.
A tenant who wants to stay in the home during the appeal must pay rent into the court’s registry. The first payment is due within five days of filing the appeal, with monthly payments after that. The amount is set by the judgment at the fair market rate or $250, whichever is more. Tenants in subsidized housing who normally pay less than $250 should make sure the judgment reflects their actual portion. Failing to pay into the registry doesn’t automatically kill the appeal, but it lets the landlord ask the court for permission to remove the tenant without waiting for the appeal to finish.
The Writ of Possession
If the tenant neither appeals nor leaves, the landlord can request a writ of possession starting on the sixth day after the judgment is signed.9State of Texas. Texas Property Code 24.0061 – Writ of Possession The writ authorizes a constable to physically reclaim the property, and once issued must be served within five business days.
The constable first posts a written warning on the front door, at least 8½ by 11 inches, stating the date and time of execution. The tenant then has at least 24 hours from the posting to leave and remove belongings.9State of Texas. Texas Property Code 24.0061 – Writ of Possession After that, the constable returns to oversee the removal.
During execution, the constable directs the tenant’s belongings to be placed outside at a nearby location. Property cannot be set on a public sidewalk or street, and it cannot be moved outside while it’s raining, sleeting, or snowing. The constable may hire a bonded or insured warehouse company to remove and store the property, but the landlord is never required to store a former tenant’s belongings.9State of Texas. Texas Property Code 24.0061 – Writ of Possession Once outside, the property is at the tenant’s risk. Constable fees for execution typically run $150 to $175, with hourly charges if the job runs beyond two hours.
What Landlords Cannot Do
The formal process exists because Texas prohibits landlords from removing tenants on their own, and the penalties are set high enough to make self-help a genuinely bad idea.
A landlord who changes the locks, removes doors, or otherwise blocks a tenant from entering without a court order faces a civil penalty of one month’s rent plus $1,000, on top of actual damages, court costs, and attorney’s fees.10State of Texas. Texas Property Code 92.0081 – Removal of Property and Exclusion of Residential Tenant If the landlord changes a lock and then refuses to give the tenant a key regardless of unpaid rent, the penalty rises by another month’s rent. Any lease clause that tries to waive these protections is void.
Shutting off or interrupting electricity, water, gas, or wastewater to pressure a tenant to leave is also prohibited, even when the tenant owes months of unpaid rent.11State of Texas. Texas Property Code 92.008 – Interruption of Utilities The only exceptions are genuine repair, construction, or emergency. Penalties mirror the lockout statute: one month’s rent plus $1,000, actual damages, court costs, and attorney’s fees. A tenant who is locked out or has utilities cut can also terminate the lease outright.
Eviction Records
An eviction filing is a public court record, and it stays public whether the landlord wins or loses. Texas has no process for sealing or removing an eviction from a tenant’s record. Future landlords routinely screen through tenant background check services, so even a dismissed case or one the tenant won can surface. A default judgment, entered because the tenant didn’t show up, looks worse on the record than a case that was contested and dismissed.