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

The Houston eviction process runs through the Harris County Justice of the Peace court for the precinct where the rental sits, and an uncontested case usually takes three to four weeks from the first notice to a constable putting the landlord back in possession.¹ Appeals, bankruptcy, or a procedural slip can stretch that out considerably. Each step has its own deadlines and paperwork, and courts dismiss cases that skip any of them.

When a Landlord Can File

A landlord in Houston can file for eviction when a tenant fails to pay rent, violates a material term of the lease, or stays past the end of a lease term without permission. These are called forcible detainer actions, and the justice court handles them only as possession disputes. The court will not resolve who owns the property or hear unrelated counterclaims from either side.¹

Identify the exact ground before drafting anything. A nonpayment case follows different appeal rules than a lease-violation case, and the ground stated in the petition shapes what evidence the landlord has to bring to the hearing.

Step One: Deliver the Notice to Vacate

Nothing goes to court until the tenant has received a written notice telling them to leave. Texas law requires at least three days’ notice for a tenant who has defaulted on rent or held over past the lease term.² The lease can shorten or lengthen that window, so check the lease language before counting days. Many Houston leases specify something other than three days.

The notice must be delivered using at least one of these methods:²

First class, registered, certified mail, or a private delivery service.
Placing the notice inside the unit in a conspicuous spot.
Handing the notice to any tenant at the property who is at least sixteen.
Email or text, but only if both parties agreed to electronic delivery in writing.

If the tenant actually receives the notice, the delivery method stops mattering. Document delivery anyway, because the tenant’s first move in court is usually to argue the notice was defective. A timestamped photo, a certified mail receipt, or a witness goes a long way.

Why You Cannot Skip the Court

Changing the locks, shutting off utilities, removing the front door, or hauling a tenant’s furniture to the curb without a court order is illegal in Texas. Under Texas Property Code Section 92.0081, a locked-out tenant can go straight to the justice court for a writ of re-entry and can sue for one month’s rent plus $1,000, actual damages, court costs, and attorney’s fees.

A narrow lockout for overdue rent is allowed only if the lease authorizes it, the landlord gives advance written notice, nobody is inside when the locks change, and the landlord provides a 24-hour phone number for a new key regardless of whether rent gets paid. Miss one of those and the lockout becomes an illegal act. For most landlords, the court process is the safer route.

Step Two: File the Petition in the Right Precinct

Harris County is divided into eight precincts, and the petition has to be filed in the precinct where the rental property sits.¹ The petition needs the tenant’s full legal name, the property address, a breakdown of unpaid rent and late fees, and contact information so the court can arrange service.

Federal law also requires a Servicemembers Civil Relief Act affidavit with every eviction filing. The landlord must state under penalty of perjury whether the tenant is on active military duty, or that military status could not be determined. Skipping this blocks the court from entering a default judgment if the tenant does not show up.³

A landlord who cannot afford court fees can file a Statement of Inability to Afford Payment of Court Costs instead of paying upfront. The form requires disclosure of income and expenses, and the other side can contest it.

Filing and Service Fees

The upfront cost for a standard eviction filing in Harris County is $139 per tenant. That is $54 in consolidated court fees plus an $85 constable service fee. Each additional tenant named adds another $85, because each person must be served individually. If the constable spends more than two hours serving a single defendant, an additional $75-per-hour-per-deputy fee applies.⁴

Step Three: The Constable Serves the Citation

The Harris County Constable’s office delivers the formal citation, which tells the tenant a suit has been filed and gives the hearing date. The constable must personally serve the tenant at the rental and then file a return of service with the court. No hearing proceeds without that return on file.

If the constable cannot locate the tenant after reasonable attempts, the landlord may need to request alternative service. The court will not simply skip service and enter judgment, which is where cases sometimes stall, especially when the tenant has already left but has not formally surrendered possession.

Step Four: The Hearing

The hearing takes place between ten and twenty-one days after filing, and Texas rules bar holding the trial sooner than six days after the tenant has been served. Either side can demand a jury trial by filing a written request at least three days before the hearing and paying the jury fee. Most eviction hearings are bench trials.

Bring the signed lease, the notice to vacate with proof of delivery, a rent ledger showing what was owed and what was paid, and any written communications with the tenant. If the tenant does not appear after proper service, the judge can enter a default judgment for the landlord. If both sides show up, the judge usually announces a decision the same day.

Postponements are tight. The judge cannot delay an eviction trial more than seven days total unless both parties agree in writing, which is one reason eviction cases move faster than other civil matters.

Defenses the Tenant May Raise

Defective Notice

The most common defense is that the notice to vacate was never delivered, went to the wrong person, or did not give the required number of days. Even a small procedural error can get the case dismissed. The landlord can refile, but the clock resets.

Uninhabitable Conditions

Under Texas Property Code Section 92.052, a landlord must make a diligent effort to repair any condition that materially affects the physical health or safety of an ordinary tenant after receiving notice. If the tenant gave notice, waited a reasonable time (generally seven days), and the landlord still did nothing, the tenant may argue the neglect caused or contributed to the rent default. The defense does not win automatically, but it can complicate a nonpayment case.

Retaliation

Texas law prohibits a landlord from filing an eviction within six months after a tenant exercises a legal right, requests repairs, files a legitimate complaint with a government agency, or participates in a tenant organization.⁵ If the timeline looks suspicious, the burden shifts to the landlord to show the eviction rests on legitimate grounds unrelated to the protected activity.

Step Five: The Five-Day Appeal Window

Either side has five days after the judge signs the eviction judgment to file an appeal. The appeal moves the case from the Justice of the Peace court to the County Court at Law, where it gets a completely new trial. During that five-day window, no writ of possession can be issued, so the tenant stays put.

A tenant who appeals must either post an appeal bond, make a cash deposit in the amount set by the judge, or file a Statement of Inability to Afford Payment of Court Costs. The financial requirements depend on the grounds for eviction:

In a nonpayment case where the tenant files the inability-to-pay statement, the tenant must deposit one month’s rent into the justice court registry within five days of filing, and then continue depositing rent each month into the county court registry as it comes due during the appeal. Missing a deposit entitles the landlord to an immediate writ of possession without a hearing.
On other grounds, the judge sets the bond or deposit amount to cover anticipated costs and damages.

County Court dockets in Harris County are busy, so a win at the justice court level does not necessarily mean quick possession if the tenant appeals.

Step Six: The Writ of Possession

If the tenant does not appeal within five days and still has not left, the landlord requests a Writ of Possession. The court cannot issue the writ before the sixth day after the judgment is signed.⁶ The writ carries its own court costs and a separate constable execution fee on top of the original filing amount.⁴

Once issued, the constable must serve the writ within five business days. The constable posts a written warning on the exterior of the front door, at least 8½ by 11 inches, stating a specific date and time when the writ will be executed. That date must be at least 24 hours after the warning is posted.⁶ This is the tenant’s last chance to leave voluntarily and remove belongings.

When the constable returns to execute, anyone still inside is told to leave. If they refuse, the constable physically removes them. The constable then delivers possession to the landlord, who typically changes the locks while the officer is still on site.

During execution, tenant belongings get moved outside at a nearby location. Texas law sets two limits: the property cannot block a public sidewalk, passageway, or street, and it cannot be placed outside while it is raining, sleeting, or snowing. If weather is a problem, a municipality may provide a portable closed container at no charge. The landlord is not required to store tenant property and cannot be forced to do so by the constable.⁶

If the Tenant Files for Bankruptcy

A tenant who files for bankruptcy before the eviction is final triggers a federal automatic stay that halts the case. Under Bankruptcy Code Section 362, the landlord cannot continue the eviction, execute a writ, or take any other collection action without first getting permission from the bankruptcy court.

Timing matters. If the landlord already obtained a judgment for possession before the bankruptcy filing, the landlord can generally proceed with enforcement. If the judgment came after the filing, the landlord must file a motion for relief from the automatic stay. The bankruptcy court does not run evictions itself; it only decides whether to let the state process continue. Bankruptcy adds significant delay, and landlords who encounter it almost always need an attorney.

1
State of Texas. Texas Code Property Code 24.004 – Jurisdiction; Dismissal
2
State of Texas. Texas Code Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits
3
Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments
4
Harris County Justice Courts. Harris County Justice Courts Civil Filing Fees and Court Costs
5
State of Texas. Texas Code Property Code 92.331 – Retaliation by Landlord
6
State of Texas. Texas Code Property Code 24.0061 – Writ of Possession