Texas Eviction Process: Notice, Writ of Possession, Appeals

The Texas eviction process starts with a written notice to vacate, moves to a sworn petition filed in the Justice Court for the precinct where the property sits, runs through a short hearing 10 to 21 days later, and ends with a constable executing a writ of possession after a mandatory five-day wait. Every step has a deadline, and skipping one is the fastest way for a landlord to lose a case or for a tenant to lose a right.¹

When a Landlord Can File

Texas recognizes a limited set of grounds for a forcible detainer suit.² The most common is nonpayment of rent. A landlord can also file for a material lease violation (unauthorized occupants, prohibited pets, illegal activity), for a holdover tenancy once the lease term has ended, or to reclaim possession from someone occupying without a formal lease. If the eviction is based on the end of a lease, the landlord must also satisfy the separate lease-termination notice rule in Texas Property Code § 91.001.

The Justice Court decides one question only: who has the right to possess the property right now. It cannot resolve title disputes, and neither party can bring counterclaims or add third parties.¹

The Notice to Vacate

Nothing else in the process can happen until the landlord delivers a written notice to vacate.² The notice tells the tenant to leave by a specific date and states the reason.

The default period is three days. A written lease can lengthen or shorten that window; some leases set 30 days, others cut it below three. Whatever the number, the clock starts when the notice is actually delivered, not when it’s drafted or mailed.

How the Notice Must Be Delivered

Delivery is where landlords most often stumble, and a defective notice is one of the easiest ways a tenant gets a case dismissed. The statute allows several methods:²

Personal delivery to the tenant or to anyone at least 16 years old living at the property.
Affixing the notice to the inside of the main entry door in a conspicuous spot.
Regular mail, registered mail, or certified mail to the rental address.

There is a fallback for situations where the landlord cannot safely enter. If the unit has no mailbox and a keyless deadbolt, alarm, or dangerous animal blocks entry, or if the landlord reasonably believes personal delivery would cause harm, the landlord may tape a sealed envelope to the outside of the main entry door. The envelope has to show the tenant’s name, the address, and the words “IMPORTANT DOCUMENT” in capital letters. The landlord must also mail a copy the same day, before 5:00 p.m., from the same county.

Keep a dated log or photograph of the delivery. If the tenant later denies receiving the notice, that record is often the difference between a judgment for possession and a dismissal.

Filing in Justice Court

When the notice period runs out and the tenant has not moved, the landlord files a sworn petition in the Justice Court for the precinct where the property is located. Filing in the wrong precinct means an automatic dismissal, and the filing fee doesn’t come back.³

The petition has to describe the property, state the grounds, explain when and how the notice was delivered, and list the total unpaid rent at the time of filing. Every tenant obligated under the lease and living at the property must be named.

As of 2026, the statewide Justice Court filing fee for an eviction is $54, and service of citation costs $100 per defendant within the county.⁴ A case against two tenants therefore runs $254 before the first hearing. A winning landlord’s judgment usually includes reimbursement of these costs.

Service and the Hearing Date

The court issues a citation for each named defendant, and a constable or sheriff (or someone the court specifically authorizes) delivers the citation and petition to the tenant. The trial date must fall between 10 and 21 days after the petition is filed.³ If the constable cannot find the tenant, the landlord may need to ask the court for an alternative service method. Without proof of proper service, the judge cannot proceed.

At the Hearing

Eviction hearings are short but are real trials. The landlord should bring the original lease, the notice to vacate with proof of delivery, payment records, and any relevant correspondence. The landlord carries the burden of proving proper notice and a valid ground for eviction. Landlords lose winnable cases by showing up without documents.

If the tenant doesn’t appear, the landlord typically wins by default. If the tenant does appear, the judge hears both sides and either grants possession to the landlord (often with an award for unpaid rent and costs) or rules for the tenant and dismisses the case.

The Five-Day Wait and the Writ of Possession

A judgment for possession does not put the constable on the doorstep the next morning. Texas requires a five-day wait after the judgment is signed.¹ During those five days, the tenant can move out or appeal.

If the tenant stays past the window and has not appealed, the landlord requests a writ of possession and pays an additional fee for the constable’s time. Once the writ issues, the constable posts a 24-hour warning notice on the front door. If the tenant still hasn’t left after that 24 hours, the constable returns, supervises the lockout, and places the tenant’s belongings outside.

Self-Help Lockouts Are Illegal

A landlord who changes the locks, removes exterior doors, cuts off utilities, or hauls the tenant’s belongings to the curb without a writ is violating Texas Property Code § 92.0081.⁵

There is one narrow exception for lock changes. If the tenant is behind on rent and the lease specifically authorizes it, the landlord may change locks after written notice given at least three days in advance (five days if mailed). Even then, the landlord has to hand over a new key at any hour, day or night, whether or not the tenant has paid. The notice must state the earliest date locks will be changed, the amount owed, and the tenant’s right to a new key at any time. A tenant who has been locked out illegally can sue to regain access and collect statutory penalties. The writ of possession remains the only lawful way to physically remove a tenant who won’t leave.

Appealing Within Five Days

Either side can appeal a Justice Court eviction judgment. The appeal goes to the county court for a new trial, not a review of what the Justice Court did. The notice of appeal must be filed with the Justice Court within five days of the judgment.³

A tenant who wants to remain in the property during the appeal also has to deposit rent into the court registry. The first payment, equal to one rental period as set by the judge, is due within five days of filing the appeal. Rent then continues into the registry on the first of each month (or whatever schedule the lease sets) for the duration of the appeal. Miss a payment, and the landlord can request an immediate writ of possession, often with no hearing.

There are three ways to perfect the appeal:

An appeal bond, typically set at one month’s rent and guaranteed by the tenant and at least one other person.
A cash deposit into the court registry in the amount the judge sets, usually one month’s rent.
A statement of inability to pay, for tenants who cannot afford the bond or deposit. Rent still has to hit the registry on the same five-day timeline, and skipping a payment triggers an automatic writ.

Defenses a Tenant Can Raise

Several recognized defenses can defeat an eviction, and the strongest ones attack the landlord’s compliance with the rules.

Defective Notice

If the notice to vacate was never delivered, was delivered by a method the statute doesn’t authorize, or gave fewer days than required, the judge should dismiss the case. This is the most common defense and it works because delivery mistakes are common.

Retaliation

A landlord cannot file an eviction within six months of a tenant exercising a legal right, such as requesting a repair, reporting a code violation, or joining a tenant organization. Filings inside that window are presumed retaliatory, and the landlord has to rebut the presumption.⁶

Failure to Maintain the Property

A tenant who followed the repair-request process under Texas Property Code § 92.056 may argue that the landlord’s failure to fix conditions affecting health or safety excuses nonpayment. The process requires written notice by certified or registered mail and a reasonable time for the landlord to act, which the law presumes to be seven days. If the landlord ignores the request, the tenant may end the lease, repair and deduct, or sue for damages.⁷ The defense does not cover cosmetic complaints.

Federal Rules That Override the Timeline

Two federal laws can change or block the standard Texas timeline.

Servicemembers Civil Relief Act

A landlord cannot evict an active-duty servicemember or their dependents from a residence without a court order, no matter what Texas procedure would otherwise allow.⁸ The protection applies when monthly rent is below a threshold that adjusts annually for inflation (originally $2,400 in 2003). If military service has materially affected the servicemember’s ability to pay, the court can stay the proceedings for at least 90 days or adjust the lease.

Before any default judgment, the landlord must file an affidavit stating whether the tenant is in the military. If the tenant is on active duty, the court has to appoint an attorney to represent them before the case can proceed.⁹ Knowingly evicting a servicemember in violation of the SCRA is a federal misdemeanor punishable by up to one year in jail.⁸

CARES Act 30-Day Notice

For rental properties tied to a federally backed mortgage, the CARES Act requires at least 30 days’ notice to vacate before a landlord can file an eviction based on nonpayment.¹⁰ The lease and Texas law don’t override it. Properties financed through FHA, Fannie Mae, Freddie Mac, VA, or USDA loans are all potentially covered, and tenants often don’t know because the mortgage is between the owner and a federal agency or government-sponsored enterprise.

How an Eviction Follows You

An eviction case is a public court record. Tenant screening companies gather this data, and landlords across Texas check it before approving applications.

An eviction can stay on a tenant screening report for up to seven years, whether the landlord won or not. A money judgment owed to a landlord that is later discharged in bankruptcy can remain on the report for up to ten years.¹¹ Even dismissed cases or cases resolved in the tenant’s favor can show up, because data brokers often collect the filing without tracking the outcome. Tenants who win or settle should pull their screening reports and dispute inaccurate entries directly with the screening company. Texas currently has no statewide automatic sealing law for eviction records.

1
State of Texas. Texas Property Code 24.004 – Jurisdiction; Dismissal
2
State of Texas. Texas Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits
3
Texas Courts. Texas Rules of Civil Procedure – March 1, 2026
4
Texas Office of Court Administration. Fees for Justice Courts – Effective 01/01/2026
5
State of Texas. Texas Property Code 92.0081 – Removal of Property and Exclusion of Tenant
6
State of Texas. Texas Property Code 92.331 – Retaliation by Landlord
7
Texas Attorney General. Renters Rights
8
Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress
9
United States Courts. Servicemembers Civil Relief Act (SCRA)
10
Office of the Law Revision Counsel. 15 USC 9058 – Temporary Moratorium on Eviction Filings
11
Consumer Financial Protection Bureau. How Long Can Information Like Eviction Actions and Lawsuits Stay on My Tenant Screening Record?