Texas Eviction Process
Court: Justice Court (Justice of the Peace), Precinct where property is located
Updated for SB 38 — the eviction rules in effect since Jan 1, 2026 What changed →
(uncontested)
(contested)
Notice Types
3-Day Notice to Pay Rent or Vacate
For a first rent delinquency in the applicable month, Texas requires a pay-rent-or-vacate notice before filing. Lease may require a longer period.
3-Day Notice to Vacate (Lease Violation)
Lease may specify different cure period. If lease is silent, 3 days.
30-Day Notice to Vacate
For month-to-month tenancy with no specific lease violation.
Step-by-Step Process
Serve written notice
For nonpayment, use a notice to pay rent or vacate unless repeat-delinquency rules allow a vacate-only notice. Use a Texas Property Code Section 24.005 delivery method and keep proof.
Wait 3 days +3 days
Calendar days. If lease specifies longer notice period, use that.
File eviction petition (Forcible Detainer) +1 days
File at Justice Court in precinct where property is located. Pay filing fee. LandLawKit has the official petition and related eviction forms ready to fill.
Constable serves citation +2 days
Constable serves tenant with citation. Hearing date set 10-21 days out.
Justice Court hearing +14 days
Both parties appear. Judge rules same day in most cases. Bring lease, payment records, and notice.
Writ of Possession (if tenant appeals or stays) +6 days
If no appeal within 5 days (rent nonpayment) or no supersedeas bond filed: request Writ of Possession.
Constable enforces lockout +2 days
Constable posts 24-hour notice then returns to execute writ. Move-out date set.
Key Warnings
- Texas is one of the fastest eviction states — uncontested cases often resolved in 3-4 weeks.
- Do not use self-help eviction. Texas has a narrow delinquent-rent lockout statute with strict lease, notice, and key-access rules; utility shutoff as eviction is prohibited. Tex. Prop. Code §§92.008, 92.0081.
- Tenant may appeal to County Court within 5 days. Appeal effectively restarts the timeline.
- Writ of Possession is issued 6 days after judgment in nonpayment cases if no appeal.
- Notice to vacate must be given before filing — cannot file same day as notice.
Court & Filing Details
| Court | Justice Court (Justice of the Peace), Precinct where property is located |
|---|---|
| Filing Fee | Typically $134–$171 for filing + service of one tenant, varies by county (verified 2026 schedules: Dallas $134, Harris $139, Travis $144, Bexar $171; +$80–$117 per additional tenant served). A writ of possession, if needed later, adds $160–$405. |
| Statute | Texas Property Code §§24.005, 91.001–92.355; Rules of Civil Procedure Rules 738–749 |
| Find the Court | Justice of the Peace court in the precinct where property is located |
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