The eviction process in Texas runs through the Justice of the Peace court and moves in a fixed order: a written notice to vacate, a forcible detainer petition, a hearing within 10 to 21 days of filing, a judgment, and, if the tenant still hasn’t left, a writ of possession executed by a constable. Start to finish, most uncontested cases wrap up in three to six weeks. An appeal can add months. Skipping a step, or getting one wrong, is usually enough to get the case dismissed and force the landlord to start over.
When a Landlord Can File
An eviction suit is only available when the tenant no longer has a legal right to stay. Texas law recognizes three situations that qualify: a tenant holding over after the lease expires or is properly terminated, a tenant at will or by sufferance (including someone still in a home after a foreclosure sale), and a tenant of someone who took the property by force.1State of Texas. Texas Property Code 24.002 – Forcible Detainer
In practice, most filings are about nonpayment of rent, which falls under the “default” language of the notice statute. Other lease violations, like an unauthorized pet or an unapproved sublet, also count as defaults. Either way, the landlord has to be able to point to a specific breach or termination event before the process starts, and carries the burden of proof at the hearing. Judges want to see the lease, payment records, written communications, and photographs of any damage, not just testimony.
The Notice to Vacate
Before anything gets filed with the court, the landlord must deliver a written notice to vacate. The statutory default is three days, but the lease itself can set a longer or shorter period.2Texas Constitution and Statutes. Texas Property Code 24.005 – Notice to Vacate Prior to Filing Eviction Suit The clock starts the day after delivery, not the day of.
There are three permitted methods of delivery:
- In person, by handing the notice to the tenant or to anyone at least 16 years old living at the property, or by affixing it to the inside of the main entry door.
- By regular, registered, or certified mail to the rental address.
- Taped to the outside of the front door in a sealed envelope marked with the tenant’s name, address, and “IMPORTANT DOCUMENT” in capital letters, but only when the landlord cannot get inside because of changed locks or animals. A second copy must be mailed the same day from within the same county.2Texas Constitution and Statutes. Texas Property Code 24.005 – Notice to Vacate Prior to Filing Eviction Suit
The notice should state the delivery date, the reason the tenant must leave, and the deadline. Vague or undated notices give tenants an easy path to dismissal.
One boundary worth knowing: if the property has a federally backed mortgage, participates in Section 8, or is public housing, federal law may require a 30-day notice for nonpayment instead of three days. As of early 2026, HUD indefinitely delayed a proposed rule that would have rescinded that requirement, so it remains in effect. Landlords who aren’t sure should check with their mortgage servicer or housing authority before relying on a three-day notice.
Filing the Eviction Petition
Once the notice period runs out and the tenant is still there, the landlord files a petition for eviction (a “forcible detainer” suit) with the Justice of the Peace in the precinct where the property sits.3State of Texas. Texas Property Code 24.004 – Jurisdiction and Dismissal Filing in the wrong precinct is a jurisdictional defect and the case will be dismissed.
The petition needs to include the names and contact information of the landlord and every tenant being evicted, the full property address, the grounds for eviction, the date the notice to vacate was delivered, and copies of both the lease and the notice.
Filing fees vary by county, generally in the range of $50 to $150 for the petition, plus a separate service fee of $75 to $200 per tenant to have a constable deliver the papers. Evicting multiple named tenants adds up quickly.
The Court Hearing
After filing, the clerk issues a citation that a constable or sheriff serves on the tenant. The citation must reach the tenant at least six days before the hearing, and the hearing itself is set between 10 and 21 days after the petition is filed.4South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 510.4 – Issuance, Service, and Return of Citation
At the hearing, the landlord presents evidence of the violation or nonpayment and the tenant responds. If the landlord wins, the judge signs a judgment for possession and can also award unpaid rent and court costs.
Either side can demand a jury trial instead of a bench trial. The request has to be in writing at least three days before the trial date, with a $22 jury fee.5Harris County Justice of the Peace Courts. Filing Eviction Cases Tenants sometimes use this to buy time, but it can genuinely help when the facts are disputed.
The court’s authority is narrow. It decides only who has the right to possess the property. It cannot resolve who owns the property, and neither side can bring counterclaims or add third parties.3State of Texas. Texas Property Code 24.004 – Jurisdiction and Dismissal A tenant who thinks the landlord owes them for repairs or a security deposit has to file a separate suit in a different court.
Tenant Defenses
Tenants have real options at the hearing. The most straightforward defense is a defective notice. If the landlord delivered the notice to vacate improperly, didn’t wait the required number of days, or filed in the wrong precinct, the case should be dismissed on procedural grounds.
Payment disputes are the other common defense. A tenant who can show they actually paid, or that the landlord misapplied a payment, defeats a nonpayment claim. Bank statements, receipts, and money order stubs matter at the hearing.
Texas law also protects tenants who exercise their legal rights. A landlord cannot retaliate against a tenant for requesting repairs, filing a complaint with a government agency, or joining a tenant organization.6State of Texas. Texas Property Code 92.331 – Retaliation by Landlord For six months after any of those protected acts, an eviction filing, rent increase, or service reduction is presumed retaliatory. The landlord can rebut that presumption by proving a legitimate reason, such as actual nonpayment of rent or illegal activity on the property.
Appealing an Eviction Judgment
A tenant who loses has five days from the date the judge signs the judgment to appeal to County Court. There are three ways to perfect the appeal: post an appeal bond, deposit cash, or file a Statement of Inability to Afford Payment of Court Costs.7Harris County Justice of the Peace Courts. Texas Rules of Civil Procedure Part V – Rule 510.9 Appeal Miss the five-day window and the right to appeal is gone.
The appeal bond is a written promise to pay the judgment if the appeal is lost, usually set at one month’s rent. A cash deposit does the same job with money instead of a guarantor. Tenants who can’t afford either file the Statement of Inability, a sworn form detailing income, assets, and any public benefits. The landlord can challenge it, and the court will hold a hearing on whether the tenant qualifies.
A tenant who wants to stay in the home during the appeal has to pay rent into the court’s registry. The first payment is due within five days of filing the appeal, and payments continue monthly. The amount is whatever the judgment sets at fair market rate, or $250, whichever is higher. Tenants in subsidized housing who normally pay less should make sure the judgment reflects their actual portion. Missing a registry payment doesn’t automatically end the appeal, but it lets the landlord ask the court for permission to remove the tenant before the appeal is decided.
The Writ of Possession
If the tenant doesn’t appeal and doesn’t leave, the landlord can request a writ of possession starting the sixth day after the judgment is signed.8State of Texas. Texas Property Code 24.0061 – Writ of Possession The writ is the court order that authorizes a constable to physically reclaim the property, and once issued, the constable has five business days to serve it.
The constable first posts a written warning on the front door, at least 8½ by 11 inches, stating the date and time the writ will be executed. The tenant has at least 24 hours from that posting to leave and take their belongings. After that, the constable returns and oversees the removal.8State of Texas. Texas Property Code 24.0061 – Writ of Possession
Belongings are placed outside the unit at a nearby location. They cannot be set on a public sidewalk or street, and cannot be moved outside while it’s raining, sleeting, or snowing. At the constable’s discretion, a bonded or insured warehouse company can be hired to remove and store the property, but the landlord is never required to store a former tenant’s belongings. Once items are outside, they are at the tenant’s risk.
What Landlords Cannot Do
The formal court process exists because Texas prohibits landlords from removing tenants on their own, and the penalties for trying are significant.
A landlord who changes the locks, removes doors, or otherwise blocks a tenant from entering without a court order owes the tenant one month’s rent plus $1,000, on top of actual damages, court costs, and attorney’s fees.9State of Texas. Texas Property Code 92.0081 – Removal of Property and Exclusion of Residential Tenant If the landlord changes a lock and refuses to give the tenant a key, whether or not rent is owed, the penalty adds another month’s rent. Any lease clause trying to waive these protections is void.
Shutting off utilities is treated the same way. A landlord cannot cut electricity, water, gas, or wastewater to pressure a tenant into leaving, even when rent is months behind.10State of Texas. Texas Property Code 92.008 – Interruption of Utilities The only exceptions are genuine repairs, construction, or an emergency. The penalty mirrors the lockout statute: one month’s rent plus $1,000, actual damages, court costs, and attorney’s fees. A tenant who is locked out or has utilities cut can also choose to terminate the lease outright instead of fighting to get back in.
What an Eviction Means for the Tenant’s Record
An eviction filing is a public court record and stays there whether the landlord wins or loses. Texas has no process for sealing or removing an eviction from a tenant’s record. Screening services routinely pull that history, so even a dismissed case or one the tenant won can surface later. That’s a reason for tenants with a real defense to show up and contest the case rather than skip the hearing, because a default judgment reads worse than a contested case that was dismissed.