Eviction Process in San Antonio: Notice, Hearing, and Appeal

The eviction process in San Antonio runs through the Bexar County Justice of the Peace courts and follows a fixed sequence: a written notice to vacate, a forcible detainer petition filed in the JP precinct where the property sits, a hearing set 10 to 21 days out, a five-day appeal window, and finally a writ of possession executed by a Bexar County Constable. Start to finish, expect three to eight weeks and at least $453 in court and constable fees for a single-tenant, uncontested case. Skip a step or botch the notice and the clock resets.

Start With a Written Notice to Vacate

Texas Property Code Section 24.005 requires at least three days’ written notice before an eviction suit can be filed, unless the lease sets a shorter or longer period.¹ The three-day minimum applies to nonpayment, lease violations, and holdover tenants alike.

One distinction matters. If the tenant is being evicted only for nonpayment and has never been late before, the notice has to be a “notice to pay rent or vacate,” which lets the tenant cure. If the tenant has a history of late payments, a straight notice to vacate is enough.¹

Name every adult tenant, state the reason, and demand possession. Then deliver the notice one of the ways the statute allows:

Hand it to the tenant or to anyone at least 16 years old who lives at the property.
Enter and post it on the inside of the main entry door if the tenant isn’t home.
Send it by regular, registered, or certified mail with return receipt requested.
Post it on the outside of the front door, but only if a keyless deadbolt, alarm, or dangerous animal prevents entry. The notice must go in a sealed envelope marked with the tenant’s name and “IMPORTANT DOCUMENT” in capital letters, and a copy must be mailed the same day before 5:00 p.m. from within the same county.¹

The same-day mailing requirement for outside-the-door posting is the single most common landlord mistake. Tape the notice up without also mailing a copy, and the notice is invalid.

Filing in the Right Bexar County JP Precinct

After the notice period expires and the tenant hasn’t left, the landlord files a forcible detainer petition in the Justice of the Peace precinct where the rental property is located. Bexar County has four JP precincts, and filing in the wrong one gets the case dismissed.²

The court filing fee is about $54.³ A Bexar County Constable then serves each named defendant with a citation at $117 per defendant.⁴ Three adults on the lease means $351 in service fees alone. Filing can be done in person at the JP office or electronically through the Texas E-Filing system, which the Bexar JP courts accept.⁵

Name every adult on the lease and have each one served individually. A judgment only reaches people who were actually served.⁶

The Hearing and What to Bring

The JP court sets the hearing no fewer than 10 and no more than 21 days after the petition is filed.⁷ Bring the signed lease, proof of the notice to vacate and how it was delivered, a rent ledger, and any photos or documentation of lease violations. Both sides can present evidence and testimony, and the judge decides who has the right to possession. A winning landlord may also be awarded back rent and court costs.

The Five-Day Appeal Window

Either side has five days from the signing of the judgment to appeal. Weekends and holidays count, but if the courthouse is closed on the fifth day or closes before 5:00 p.m., the deadline rolls to the next day the court is open.⁸ A tenant appeals one of three ways: an appeal bond (usually set at one month’s rent), a cash deposit in an amount set by the judge, or a Statement of Inability to Afford Payment of Court Costs, sometimes called a pauper’s affidavit. The landlord has five days to challenge that statement.⁹

An appealing tenant can stay in the property only if they pay rent into the court registry: the first payment, in the amount of fair market rent or $250 per month whichever is higher, is due within five days of filing the appeal. Miss a payment and the landlord can ask the court to proceed with removal without waiting for the appeal to resolve.⁸ The appeal goes to county court for a brand-new trial, which must be held within 21 days of the county court receiving the case.⁹ No appeal within five days and the judgment is final.

Writ of Possession

Once the judgment is final, the landlord asks the court clerk for a writ of possession. The writ cannot issue until at least six days after the judgment was rendered.¹⁰ Execution by the constable costs $282 in Bexar County.⁴

Before removing anyone, the constable posts a written warning on the outside of the front door, at least 8½ by 11 inches, stating the exact date and time of execution. That date has to be at least 24 hours after the warning is posted.¹⁰ When the constable returns, anyone still inside is told to leave, and can be physically removed if they refuse.

The tenant’s belongings go outside at a nearby location. They cannot block a public sidewalk or street, and the constable will not carry out the removal during rain, sleet, or snow. The constable may also hire a bonded or insured warehouseman to remove and store the property at no cost to the landlord.¹⁰ The landlord has no obligation to store anything after the writ is executed.

What Landlords Cannot Do

Changing the locks, removing doors or windows, hauling out the tenant’s belongings, or shutting off utilities without a court order is illegal in Texas no matter how far behind the tenant is on rent. A landlord who does any of that can be held liable for actual damages, court costs, reasonable attorney fees, and a civil penalty of one month’s rent plus $1,000. Failing to give a locked-out tenant a new key adds another month’s rent. Lease clauses that try to waive these protections are void.¹¹

Cutting off water, electricity, gas, or wastewater to pressure a tenant carries the same penalty structure, minus any rent legitimately owed. Genuine repairs, construction, or emergencies are the only exceptions. A tenant whose utilities are cut off can go to JP court for a writ of restoration ordering service back on.¹¹

Defenses a Tenant May Raise

Improper notice is the most common defense and the easiest to prove. Wrong delivery method, too few days, or the wrong type of notice can get the case dismissed.

Retaliation is the second. Texas law bars a landlord from filing an eviction within six months after a tenant exercises a legal right such as requesting repairs, reporting code violations, or joining a tenant organization. If the eviction lands inside that window, the court presumes it’s retaliatory and the landlord has to prove otherwise. The defense does not apply when the tenant is behind on rent, has intentionally damaged the property, or is holding over after the lease ended.¹²

Tenants can also argue that they paid the amount owed, that the landlord accepted partial payment after issuing the notice (which can waive it), or that the property was uninhabitable. None of these work on their own. The tenant has to show up and present evidence.

Recovering Attorney Fees

A landlord who wants attorney fees has a separate notice to send. Before filing, mail a written demand by registered or certified mail stating that if the tenant doesn’t vacate within 11 days of receiving the notice and suit is filed, the landlord may seek attorney fees. That demand has to go out at least 10 days before the petition is filed.¹³

If the lease already includes an attorney-fees clause, the demand isn’t needed. It cuts both directions: when the lease authorizes fees for either party, or when the landlord sent the statutory demand, a tenant who wins can recover reasonable attorney fees from the landlord without sending any demand of their own.¹³

Federally Assisted Properties

Public housing and project-based rental assistance properties in San Antonio can carry longer notice periods under federal rules. Section 24.005(c-1) handles the overlap: a landlord who meets the state notice requirements can go ahead and file, but the constable cannot serve the writ of possession until the total time between the notice and writ service equals or exceeds whatever federal law requires.¹ If your property takes federal assistance, verify the current HUD notice period before starting, because those rules have been shifting through 2025 and 2026.

1
State of Texas. Texas Property Code 24-005 – Notice Required Before Filing Certain Eviction Suits
2
Bexar County. Justice of the Peace
3
Bexar County, TX – Official Website. Bexar County, TX – Filing Fees
4
Bexar County, TX – Official Website. Civil Process – Section: Fees For Service of Civil Process
5
eFileTexas.Gov. eFileTexas.Gov – Official E-Filing System for Texas
6
Texas Law Help. Eviction
7
Texas Courts. Rule 510 – Eviction Cases
8
Texas Law Help. Appealing an Eviction
9
Texas Courts. Texas Rules of Civil Procedure – March 1, 2026
10
State of Texas. Texas Property Code 24-0061 – Writ of Possession
11
State of Texas. Texas Property Code 92-008 – Interruption of Utilities
12
State of Texas. Texas Property Code 92-331 – Retaliation by Landlord
13
State of Texas. Texas Property Code PROP 24-006 – Attorneys Fees and Costs of Suit