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
If the tenant was not late or delinquent in paying rent before the month the notice is given, Texas requires a notice to pay rent or vacate before filing (Tex. Prop. Code § 24.005(a)). The lease may set a shorter or longer period.
3-Day Notice to Vacate (Lease Violation)
Texas gives no statutory right to cure; follow the lease. 3 days unless the lease sets a different period (Tex. Prop. Code § 24.005(a)).
Notice of Termination (Month-to-Month)
At least one month: the tenancy ends on the later of the date in the notice or one month after notice is given (Tex. Prop. Code § 91.001(b)), unless a signed agreement sets a different period (§ 91.001(e)). Weekly tenancies: 7 days (§ 91.001(c)).
Step-by-Step Process
Serve written notice
For nonpayment, use a notice to pay rent or vacate unless the tenant was late with rent before the month of the notice, which allows 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 the last day is a Saturday, Sunday, or state or federal holiday, the period runs to the next business day (Tex. Prop. Code § 24.0042). If the lease sets a different 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 must serve the citation within 5 business days (§ 24.0051(f)). Trial is set 10–21 days after the petition is filed, and not before the 4th day after service (§ 24.0051(g)).
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 the tenant does not appeal within 5 days of judgment, request the Writ of Possession; it cannot issue before the 6th day after judgment (§ 24.0061(b)). An appealing tenant must pay the rent set in the judgment into the court registry to stay in possession (§ 24.0053).
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, swearing to a meritorious defense; the county court must hold trial within 21 days (§ 24.005107).
- A Writ of Possession cannot issue before the 6th day after judgment (§ 24.0061(b)).
- 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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