The Bexar County eviction process moves through four sequential steps in a Justice of the Peace court: a written notice to vacate, a sworn petition, a hearing, and — if the tenant still refuses to leave — a writ of possession executed by a constable. Under Texas Rules of Civil Procedure 500 through 510, the JP courts handle these cases (formally called forcible detainer suits) and each step has its own deadline.1Bexar County, TX – Official Website. Civil Cases Skip one, or cut a corner on notice, and the tenant has grounds to get the case tossed.
Step 1: Deliver a Written Notice to Vacate
Nothing gets filed in court until the landlord delivers a written notice to vacate. Texas Property Code Section 24.005 sets a floor of three days’ notice for nonpayment or holdover tenants, but the lease controls if it specifies a different period.2State of Texas. Texas Property Code PROP 24.005 – Notice to Vacate Prior to Filing Eviction Suit A lease that calls for one day works; a lease that calls for ten days works too. Count from the day the notice is delivered, not the day it was written.
Only four delivery methods count under Texas law:
- Hand it to the tenant, or to anyone at least 16 years old living at the property.
- Attach it securely to the inside of the main entry door.
- Post it on the outside of the main entry door in a sealed envelope marked with the tenant’s name, address, and the words “IMPORTANT DOCUMENT,” and mail a copy the same day by 5 p.m.
- Send it by regular, certified, or registered mail to the rental address.
Sliding it under the door, propping it on a windowsill, or taping it to a screen door does not count.3Texas Judicial Branch. Landlords Notice to Vacate Prior to Filing Eviction FAQs Improper delivery is the most common reason a case gets dismissed, and dismissal means starting the whole process over.
Step 2: File the Petition in the Right JP Precinct
Once the notice period runs and the tenant is still there, the landlord files an Original Petition for Eviction with the Justice of the Peace precinct where the property sits.4Bexar County, TX – Official Website. Civil Division of Precinct 1 Bexar County has four JP precincts. Filing in the wrong one wastes filing fees and delays the case.
The petition needs the full legal names of every adult occupant, the property address, the grounds for eviction, and the exact amount of unpaid rent or fees through the filing date. Check the numbers against the lease before filing; a math error becomes an argument at the hearing.
Filings can be dropped off in person at the clerk’s office. Some Bexar County JP courts also accept filings through eFileTexas, though e-filing is not mandatory in Justice Court.5eFileTexas.Gov. Official E-Filing System for Texas Under the 2025 Bexar County fee schedule, the petition costs $54, plus a $117 constable service fee for each defendant, so a single-defendant case runs $171.6Bexar County, TX – Official Website. Filing Fees New civil process fees took effect January 1, 2026, so confirm current amounts with the clerk before you pay.
Step 3: Service of Citation and the Hearing
After the petition is filed, the clerk issues a citation setting a specific hearing date. A Bexar County constable or sheriff’s deputy has to serve the tenant at least six days before trial.7Texas Justice Court Training Center. Rule 510 – Eviction Cases If the constable makes at least two attempts at different times of day without reaching the tenant, alternative service kicks in: the citation gets attached to the front door, a copy goes out by first-class mail, and the officer files a sworn statement documenting the attempts. That alternative service carries the same weight as personal delivery.
At the hearing, the landlord brings the original lease, proof that the notice to vacate was properly delivered, and documentation of any unpaid rent. The judge takes evidence from both sides and, if the landlord proves the right to possession, signs a judgment that can include back rent and court costs.
Either side can ask for a jury instead of a bench trial. The request has to be in writing with a $22 jury fee, filed no later than three days before trial.7Texas Justice Court Training Center. Rule 510 – Eviction Cases Miss that window and the right is waived. Jury trials in eviction cases are uncommon.
Step 4: The Appeal Window and the Writ of Possession
Winning the judgment does not put the landlord back in the unit that same afternoon. No writ of possession can issue before the sixth day after the judge signs the judgment.8State of Texas. Texas Property Code 24.0061 – Writ of Possession During those five days, the losing party can appeal to county court by posting a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs.9South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 510.9 – Appeal
Appeals filed on the inability-to-pay form come with a catch tenants often miss. In a nonpayment case, the tenant has to deposit one rental period’s worth of rent into the court registry within five days of filing, and then keep depositing rent within five days of each due date under the lease as the appeal continues.9South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 510.9 – Appeal Miss a deposit and the court can issue a writ of possession without another hearing. Filing the appeal alone does not pause the rent obligation.
If the tenant neither vacates nor appeals within five days, the landlord asks the clerk for a Writ of Possession. Under the 2025 Bexar County fee schedule, the writ costs $5 to file plus a $282 constable execution fee.6Bexar County, TX – Official Website. Filing Fees Confirm the current fee, since 2026 rates took effect January 1.
Before executing the writ, the officer posts a written warning on the outside of the front door — at least 8½ by 11 inches — stating the exact date and time of the removal, which must be at least 24 hours out.8State of Texas. Texas Property Code 24.0061 – Writ of Possession When the officer returns, anyone still inside is told to leave and can be physically removed if they refuse. Belongings go outside to a nearby location that does not block a sidewalk or street, and removal cannot happen during rain, sleet, or snow. In some cases the officer arranges a warehouseman to remove and store the property, in which case the warehouseman holds a lien and the tenant has 30 days to pay storage and moving costs to reclaim specific items.
What Landlords Cannot Do
A landlord who changes the locks, removes doors, cuts off utilities, or hauls belongings to the curb without a writ of possession is committing an illegal lockout under Texas Property Code Section 92.0081. A tenant locked out this way can go to Justice Court for a writ of re-entry and sue the landlord for one month’s rent plus $1,000, actual damages, court costs, and attorney’s fees.10Texas State Law Library. Lockouts – Landlord Tenant Law And the landlord still has to run the formal eviction afterward. There is no shortcut.
Defenses That Can Stop the Case
Texas Property Code Section 92.331 bars a landlord from filing an eviction to punish a tenant who exercised a legal right within the previous six months, including reporting a code violation, requesting a repair, or joining a tenant organization.11State of Texas. Texas Property Code 92.331 – Retaliation by Landlord Retaliation also covers rent hikes, service cutoffs, and lease terminations. A tenant who can tie the eviction to a protected complaint has a real defense, though a legitimate nonpayment case still holds up even if the tenant recently complained.
A separate protection applies to tenants on active military duty. Under the federal Servicemembers Civil Relief Act, 50 U.S.C. Section 3951, a landlord cannot evict a servicemember or dependents from a primary residence without a court order when the monthly rent falls below an annually adjusted threshold, and the court must stay proceedings at least 90 days if military service materially affected the ability to pay.12Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress Before entering a default judgment against any no-show tenant, the Bexar County JP court requires the landlord to file an affidavit stating whether the defendant is in the military.13United States Courts. Servicemembers Civil Relief Act Skipping that affidavit can void the whole judgment.
Fee Waivers for Financial Hardship
Filing fees, service costs, and appeal bonds can be waived. Anyone who cannot afford them files a Statement of Inability to Afford Payment of Court Costs, a form approved by the Texas Supreme Court. Receipt of SNAP, Medicaid, SSI, TANF, Section 8, or CHIP qualifies automatically when you attach an eligibility letter or benefit statement.14Texas Judicial Branch. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond Without public benefits, you can still qualify by disclosing income, assets, and expenses. Representation by a legal aid provider also qualifies on its own.
For tenants, the waiver matters most on appeal, where it replaces the bond or cash deposit. It does not, however, eliminate the ongoing obligation to deposit rent into the court registry during a nonpayment appeal. Court costs and rent are separate obligations, and the waiver only touches the first.