Texas Eviction Process
Court: Justice Court (Justice of the Peace), Precinct where property is located
(uncontested)
(contested)
Notice Types
3-Day Notice to Vacate
Texas uses one notice type for all grounds. Can be oral or written, but written is required for eviction filing. Lease may specify 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 to vacate
Deliver in person, by mail, or by affixing to inside of main entry door. Written notice required before filing. Keep copy.
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. Form available at court or evictionresources.org.
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.
- Self-help eviction (lockout, utility shutoff) without court order is illegal. Tex. Prop. Code §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 | $121–$250 depending on precinct |
| Statute | Texas Property Code §§91.001–92.355; Rules of Civil Procedure Rule 738–749 |
| Find the Court | Justice of the Peace court in the precinct where property is located |
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