The Texas eviction process runs through the justice courts and typically takes three to six weeks from the first written notice to the day a constable or sheriff removes the tenant. A landlord must deliver a written notice to vacate, file a forcible detainer suit, win a judgment, and obtain a writ of possession before anyone can be put out. Skipping a step, or trying to force a tenant out by changing the locks or cutting off utilities, exposes the landlord to real penalties and will usually get the case thrown out.
When a Landlord Can File
Unpaid rent is the most common ground, but it isn’t the only one. A landlord can also move to evict for a lease violation (an unauthorized pet, an unapproved occupant), for a tenant who stays past the end of the lease without a renewal, or for conduct involving illegal activity or threats to other residents.
Most residential cases are filed as “forcible detainer” suits, meaning the tenant had legal permission to be there at some point and now refuses to leave after that permission has ended.1State of Texas. Texas Property Code 24.004 – Jurisdiction; Dismissal
The Notice to Vacate
Before anything is filed in court, the landlord has to deliver a written notice to vacate. The default period is three days, though the lease can set a shorter or longer window. A landlord who files suit without first giving proper notice will usually see the case dismissed.2State of Texas. Texas Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits
For nonpayment, the type of notice matters. If the tenant has never been late before the current month, the notice has to be a “pay or vacate” notice that lets the tenant cure the default by paying. If the tenant has a history of late payments, the landlord can issue either a “pay or vacate” notice or a straight “vacate” notice with no chance to cure.2State of Texas. Texas Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits
The notice can be handed to the tenant or to anyone at least 16 years old living at the property, affixed to the inside of the main entry door, or sent by regular, registered, or certified mail with return receipt requested.2State of Texas. Texas Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits
Filing Suit and the Court Hearing
Once the notice period runs out and the tenant hasn’t left, the landlord files a forcible detainer suit in the justice court for the precinct where the property sits.1State of Texas. Texas Property Code 24.004 – Jurisdiction; Dismissal A constable or sheriff serves the tenant with a citation and a copy of the petition, and the citation sets a trial date between 10 and 21 days after the petition is filed.3Texas Courts. Texas Rules of Civil Procedure – Rule 510.8 These cases are built to move quickly.
Costs vary by county. Harris County filing fees run about $139.4Harris County Justice Courts. Harris County Justice Courts Civil Filing Fees and Court Costs Denton County charges $54 for the filing and $80 per defendant for constable service.5Denton County, TX. Civil Fees Expect total costs for a single defendant to land somewhere between $130 and $215 depending on where the case is filed.
Either side can request a jury trial instead of letting the justice of the peace decide alone. The request has to be in writing, filed at least three days before trial, and accompanied by a $22 jury fee.6Harris County Justice of the Peace Courts. Eviction Cases
The hearing itself is narrow. The court decides only who has the superior right to possess the property right now. If the landlord wins, the judgment grants possession and may include unpaid rent and court costs.
Appeals and Paying Rent During an Appeal
A judgment doesn’t mean the tenant is out the next day. The tenant has five days after the judgment is signed to appeal, and the court cannot issue a writ of possession before the sixth day.7State of Texas. Texas Property Code 24.0061 – Writ of Possession
To perfect an appeal, the tenant files one of three things with the justice court: an appeal bond signed by two sureties, a cash deposit equal to the bond, or a sworn statement of inability to pay court costs. The appeal moves the case to county court for a trial de novo, where every piece of evidence is heard fresh as if the first hearing never happened.
The catch is rent. During the appeal, the tenant has to keep paying rent into the court registry. The first payment is due within five days of filing the appeal, and each subsequent payment is due at the start of each rental period. The justice court judgment states the exact amount. Miss a payment and the court can issue a writ of possession without a hearing. The landlord can ask the court to release the deposited rent at any point.8State of Texas. Texas Property Code 24.0053 – Payment of Rent During Appeal of Eviction
The Writ of Possession
If no appeal is filed by the sixth day, or if the landlord wins the appeal, the landlord can request a writ of possession. In Harris County, the writ costs $185.4Harris County Justice Courts. Harris County Justice Courts Civil Filing Fees and Court Costs Once issued, a constable or sheriff has to serve it within five business days.7State of Texas. Texas Property Code 24.0061 – Writ of Possession
Execution happens in two stages. First, the officer posts a written warning (at least 8½ by 11 inches) on the front door, stating the date and time the writ will be carried out. That date has to be at least 24 hours after the warning is posted. When the officer returns, they deliver possession to the landlord, order everyone inside to leave immediately, and supervise the removal of the tenant’s belongings to a nearby outdoor location. Belongings cannot be placed outside while it is raining, sleeting, or snowing.7State of Texas. Texas Property Code 24.0061 – Writ of Possession
Defenses a Tenant Can Raise
Defective Notice
The most common winning defense is that the notice to vacate was legally insufficient. A notice that gave fewer days than required, was never properly delivered, or used a straight “vacate” form when the tenant was entitled to a “pay or vacate” opportunity should sink the suit. Landlords who skip the notice entirely or file the same day they serve it almost always lose.
Retaliation
A landlord cannot evict as payback for a tenant exercising a legal right. Texas law prohibits retaliation against a tenant who reports a code violation to a government agency, requests repairs, or joins a tenant organization. If the landlord files an eviction within six months of any of those actions, the law presumes retaliation and the landlord has to prove otherwise.9State of Texas. Texas Property Code 92.331 – Retaliation by Landlord
Habitability and Repairs
A tenant who has properly notified the landlord about conditions affecting health or safety may be able to end the lease, repair and deduct, or file suit to force the fix. Rent cannot simply be withheld over a minor issue, but a serious, documented repair request can complicate or defeat an eviction for nonpayment.
Lockouts and Utility Shutoffs Are Not Allowed
Self-help eviction is illegal in Texas. A landlord cannot remove doors, windows, locks, or hinges, cut off utilities, take out landlord-supplied furniture, or physically block the tenant from the unit.10State of Texas. Texas Property Code 92.0081 – Removal of Property and Exclusion of Residential Tenant
One narrow exception exists: if the lease includes a lock-change provision and the tenant is behind on rent, the landlord may change the locks after giving three to five days’ written notice. Even then, the landlord has to provide a new key at any hour, whether or not the back rent has been paid, and cannot change the locks while anyone is inside or on a day when nobody is on-site to hand over the key.10State of Texas. Texas Property Code 92.0081 – Removal of Property and Exclusion of Residential Tenant
A landlord who breaks these rules owes the tenant one month’s rent plus $1,000 in civil penalty, actual damages, court costs, and reasonable attorney’s fees. The tenant can also choose to regain possession or terminate the lease.10State of Texas. Texas Property Code 92.0081 – Removal of Property and Exclusion of Residential Tenant
Protections for Active-Duty Servicemembers
The federal Servicemembers Civil Relief Act adds protections on top of state law. A landlord cannot evict a servicemember or their dependents from a primary residence without a court order when the monthly rent falls below the SCRA threshold, which adjusts annually. As of 2024 that threshold was $9,812.12 per month, so it covers the vast majority of residential rentals.11Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress
When military service has materially affected the ability to pay, the court can stay the eviction for at least 90 days or adjust the rent obligation. Before any default judgment is entered, the landlord has to file an affidavit confirming the tenant’s military status has been checked.11Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress
What an Eviction Does to Your Rental Record
An eviction filing becomes part of the public court record the moment it hits the docket, regardless of outcome. Even tenants who win or settle may see the filing show up on tenant screening reports, which many landlords run through automated services that flag any case.
Texas has implemented eviction record sealing protections through administrative means rather than legislation, but the scope is limited. Tenants who won their case or had it dismissed are in the best position to dispute the record with screening companies. For tenants who lost, the judgment typically remains accessible to future landlords indefinitely.