Texas Property Code Chapter 24: Forcible Entry and Detainer

The Texas eviction process starts with a written notice to vacate, moves to a lawsuit filed in the Justice of the Peace court for the precinct where the property sits, and ends with a constable executing a writ of possession if the tenant does not leave on their own. From notice to physical removal, the timeline runs about three weeks at the fastest and can stretch to several months if the tenant appeals. The rules are set out in Chapter 24 of the Texas Property Code and Rule 510 of the Texas Rules of Civil Procedure, and they apply to residential and commercial landlords alike.

The justice court decides one question only: who has the right to possess the property. It cannot resolve who actually owns it, and it cannot hear counterclaims or add third parties to the suit. Title fights have to go to a higher court.¹

Step 1: The Notice to Vacate

No eviction suit can be filed until the landlord has delivered a written notice to vacate under Section 24.005. The default notice period is at least three days, whether the tenant is on a written lease, an oral agreement, or occupying at will. A written lease can set a shorter or longer period, and if it does, that controls.²

The statute lists the acceptable delivery methods: personal delivery to the tenant, personal delivery to anyone at the property who is at least 16, affixing the notice to the inside of the main entry door, or regular or certified mail to the premises.³

Posting on the Outside of the Door

A separate method under subsection (f-1) lets the landlord tape a sealed envelope to the outside of the front door, but only when the property has no mailbox and a keyless deadbolt, alarm system, or dangerous animal keeps the landlord from reaching the interior door, or when the landlord reasonably believes personal delivery would risk harm. When this method is used, the landlord must also mail a copy that same day by 5:00 p.m. if the tenant lives in the same county. The envelope must show the tenant’s name, address, and the words “IMPORTANT DOCUMENT” in capital letters.³

Skipping the mailing requirement, or using the exterior-door method without a qualifying condition, is a common way for landlords to lose the case on improper notice.

Step 2: Filing in the Justice Court

When the notice period runs out and the tenant is still in the property, the landlord files a petition in the Justice of the Peace court for the precinct where the property is located. That court has exclusive jurisdiction over eviction cases.¹

The petition identifies the parties, describes the property, and states the grounds. The usual grounds are nonpayment of rent, holding over after the lease ends, or a specific lease violation. If the landlord also wants a judgment for unpaid rent, the petition must include a sworn statement under Section 24.0051; a default judgment entered later will then cover both possession and the rent owed.⁴

Filing fees vary by county. Denton County charges a $54 filing fee and $80 for service per defendant. Bexar County charges $54 to file and $117 for service. A single-defendant case usually costs roughly $130 to $175 at this stage. After the petition is filed, a constable or sheriff serves the tenant with the citation and a copy of the petition. The citation carries a bold-print notice in English and Spanish warning the tenant about the short deadlines and about federal protections for active-duty servicemembers.⁴

Step 3: The Hearing and Judgment

The court sets the hearing between 10 and 21 days after the suit is filed.⁵ The landlord should bring the lease, proof of how and when the notice to vacate was delivered, a rent ledger if money is at issue, and documentation of any lease violations.

If the tenant does not show up, the court can enter a default judgment for possession and for any unpaid rent that was properly pleaded. A copy of that default judgment must be mailed to the rental premises within 48 hours.⁶ If both sides appear, the judge decides who has the right to possess the property. Title arguments are off limits.

Step 4: The Writ of Possession

Winning the judgment does not put the landlord back in the property. The writ of possession, which is the document that authorizes physical removal, cannot be issued until the sixth day after the judgment is signed, unless the landlord filed a possession bond approved under the Texas Rules of Civil Procedure. That six-day window gives the tenant time to appeal, pay, or move out.⁶

Once the writ issues, a constable or sheriff must serve it within five business days. The officer first posts a written warning, at least 8½ by 11 inches, on the exterior of the front door, naming a date and time at least 24 hours away when the writ will be executed.⁶

When the deadline passes, the officer returns, delivers possession of the premises to the landlord, instructs the tenant to leave, and physically removes anyone who refuses. The officer oversees removal of the tenant’s belongings, which can be done by the tenant or by the landlord’s crew working under the officer’s supervision. The property is placed at a nearby location outside the unit, not blocking a public sidewalk or street, and not while it is raining, sleeting, or snowing. The landlord is never required to store the tenant’s property.⁶

Writ of possession fees also vary by county. Harris County charges $185, Denton County charges $175, and Bexar County’s combined filing and service fee runs $287. Budgeting $175 to $300 for this step is realistic.

Appealing the Judgment

Either side can appeal. Under Rule 510.9 of the Texas Rules of Civil Procedure, the appeal must be filed with the justice court within five days after the judgment is signed. The appealing party can post an appeal bond, make a cash deposit, or file a sworn statement of inability to afford court costs, sometimes called a pauper’s affidavit.⁷

The judge sets the bond or deposit amount to cover lost rent during the appeal, court costs, and possible property damage. The opposing side can contest the amount, the form, or the surety’s ability to pay under Section 24.00512, and the court holds a hearing within five days of the contest.⁸

A tenant who appeals a nonpayment case using a sworn statement of inability to pay must deposit one month’s rent into the justice court registry within five days of filing the statement. After that, each month’s rent must be paid into the county court registry within five days of its regular due date. Missing a deposit can lead to dismissal of the appeal and immediate issuance of the writ.⁷

The appeal is heard in the county court de novo, meaning the whole case is tried again from scratch. The county court can award the landlord damages for lost rent during the appeal, court costs, and property damage. Its judgment on possession is final, though any monetary award can be appealed like other civil cases.⁷

Attorney’s Fees

Section 24.006 lets the prevailing side recover reasonable attorney’s fees, but a landlord claiming fees has to send the tenant a separate written demand by registered or certified mail, return receipt requested, at least 10 days before filing the suit. That demand must warn the tenant that fees will be sought if the tenant does not leave within 10 days and the landlord files suit.⁹

A landlord can skip that separate demand if the lease already provides for attorney’s fees. One point landlords sometimes miss: a tenant who wins can recover attorney’s fees too, either under the lease or simply because the landlord sent the Section 24.006 demand. The tenant does not have to give any reciprocal notice. The prevailing party is also entitled to court costs.¹⁰

Protections for Active-Duty Servicemembers

Before any default judgment can be entered, the federal Servicemembers Civil Relief Act (SCRA) requires the landlord to file an affidavit with the court stating whether the tenant is on active military duty, or stating that the landlord could not determine the tenant’s status. If the tenant is on active duty, the court must appoint an attorney to represent them before entering judgment.¹¹

Under 50 U.S.C. § 3951, a landlord cannot evict a servicemember or their dependents from a primary residence without a court order during the period of military service, as long as the monthly rent falls below a threshold that is adjusted each year for housing price inflation. If military service has materially affected the servicemember’s ability to pay, the court must grant a stay of at least 90 days, or longer if justice requires it, and may adjust the lease terms.¹²

Eviction Records Stay on the Books

Texas does not allow tenants to seal or expunge eviction records. Under Rule 76a of the Texas Rules of Civil Procedure, court records, including eviction filings in Justice of the Peace courts, are presumed open to the public. The filing stays on the court record indefinitely and typically appears on tenant screening reports for up to seven years, regardless of outcome. A tenant who won the case or had it dismissed still carries the record of the filing itself. Both sides should factor that in when deciding whether to fight, settle, or negotiate a voluntary move-out.

1
State of Texas. Texas Code PROP 24.004 – Jurisdiction and Dismissal
2
State of Texas. Texas Code PROP 24.005 – Notice Required Before Filing Certain Eviction Suits
3
State of Texas. Texas Property Code 24.005 – Notice to Vacate Prior to Filing Eviction Suit
4
State of Texas. Texas Property Code 24.0051 – Procedures Applicable in Suit to Evict and Recover Unpaid Rent
5
Texas State Law Library. The Eviction Process – Landlord/Tenant Law – Section: Timelines in the Eviction Process
6
State of Texas. Texas Code PROP 24.0061 – Writ of Possession
7
Texas Rules of Civil Procedure. Rule 510 – Eviction Cases
8
State of Texas. Texas Code PROP 24.00512 – Contest of Certain Appeal Bonds
9
Justia. Texas Code PROP Chapter 24 – Forcible Entry and Detainer
10
State of Texas. Texas Property Code 24.006 – Attorney’s Fees and Costs of Suit
11
Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments
12
Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress