🤠 Texas Eviction Process
Step-by-Step Guide — 3-Day Notice, Justice Court Filing, Eviction Hearing & Writ of Possession Under Texas Property Code
⚖️ Updated • Texas Property Code Chapter 24📑 Table of Contents
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🔍 Overview of Texas Eviction Law
Texas eviction law is governed by Texas Property Code Chapter 24 (Forcible Entry and Detainer) and Chapter 91 (Landlord-Tenant General Provisions). Texas is known as a landlord-friendly state with relatively short timelines and straightforward procedures — but strict technical compliance is still required. Texas uses Justice Courts (also called Justice of the Peace courts) for eviction proceedings, which are accessible, informal courts designed to handle disputes without requiring attorneys in . 🏠
Watch OverviewTexas does not have statewide rent control and has no just cause eviction requirement. Month-to-month tenancies can be terminated with one rental period’s notice. This flexibility, combined with a relatively streamlined court process, makes Texas one of the more efficient states for landlord eviction proceedings. 📋
📌 Texas: Landlord-Friendly but Still Technical
While Texas is generally landlord-friendly, courts still strictly enforce notice requirements and proper service. A defective 3-day notice or improper service of the eviction citation can result in dismissal. Always use current Texas-specific forms and follow service requirements precisely.
⚖️ Legal Grounds for Eviction in Texas
- 💰 Nonpayment of rent (most common)
- 📋 Lease violation (after notice to cure)
- 🏠 Holdover after lease expiration
- 📅 Termination of month-to-month tenancy
- ⚠️ Criminal activity or illegal use of premises
- 🔨 Damage to property or nuisance behavior
📋 Required Texas Eviction Notices
| Situation | Notice Type | Period |
|---|---|---|
| Nonpayment of rent | 3-Day Notice to Vacate | 3 days (inc. weekends) |
| Lease violation | 3-Day Notice to Vacate | 3 days (cure period varies by lease) |
| End of lease / holdover | 3-Day Notice to Vacate | 3 days minimum |
| Month-to-month termination | One rental period notice | Typically 30 days |
| Week-to-week termination | One rental period notice | Typically 7 days |
💡 Texas 3-Day Notice — Counts Weekends
Unlike Florida, Texas counts weekends and holidays in the 3-day notice period. A notice served Monday means the 3 days expire Thursday (counting Tue, Wed, Thu). This makes Texas notices slightly faster to ripen than in states that exclude non-business days.
🏛️ Filing in Texas Justice Court
After the notice period expires, file an Eviction Suit (Petition) in the Justice Court of the precinct where the property is located. Texas Justice Courts are informal and accessible — many landlords handle uncontested evictions without attorneys. Required filings:
- Eviction Petition (Suit for Eviction form or attorney-drafted)
- Copy of lease (if written)
- Copy of the 3-day notice with proof of delivery
- Filing fee ($46–$121 depending on county and claims)
The court sets a hearing date — Texas requires the hearing to be set no sooner than 10 days and no later than 21 days after filing. The citation (summons) is served on the tenant by the constable or process server. 🏛️
⚖️ The Texas Eviction Hearing
Texas Justice Court hearings are typically brief and informal — often 15–30 minutes. No formal rules of evidence apply. Common tenant defenses in Texas:
- Rent was paid (bring payment receipts)
- Notice was defective or improperly served
- Retaliatory eviction (Tex. Prop. Code § 92.331)
- Habitability issues (§ 92.058 et seq.)
- Discrimination (federal fair housing law)
📋 The Texas Appeal Process
Texas has a unique feature: either party can appeal a Justice Court eviction decision to County Court for a de novo (entirely new) hearing — as a matter of right, within 5 days of judgment. This can significantly extend the process. The tenant must post a bond or deposit rent into the court registry to stay in the unit during appeal. 📋
🔑 Writ of Possession in Texas
After winning judgment and if no appeal is filed (or appeal is resolved), the court issues a Writ of Possession. The constable serves a 24-hour written notice of the writ on the unit. The landlord and constable return after 24 hours. The constable supervises removal of the tenant and their belongings, which are placed on the nearest public property. 🔑
⏱️ Texas Eviction Timeline
💰 Cost of Eviction in Texas
| Cost Category | Estimated Range |
|---|---|
| Justice Court filing fees | $46–$121 |
| Constable service fee | $75–$150 |
| Attorney fees (uncontested) | $300–$800 |
| Attorney fees (contested / appeal) | $1,000–$4,000+ |
| Writ execution (constable) | $75–$200 |
| Lost rent (1–2 months typical) | $900–$5,000+ |
| Total Typical Range | $1,500–$10,000+ |
🤠 Texas Landlords: Screen Before You Sign
Texas’s efficient eviction process still costs thousands of dollars per incident. Prevent bad placements with comprehensive tenant screening — credit, eviction history, background check, and income verification.
Screen Texas Tenants →❓ Frequently Asked Questions
Yes. Texas allows eviction of oral tenants. Without a written lease, you’ll need to establish the terms of the tenancy at the hearing. Document any oral agreements and communications as best you can.
The tenant has 5 days to appeal. At County Court, the case is heard completely fresh (de novo) — the Justice Court decision doesn’t matter. The County Court hearing takes additional weeks. The tenant must post a bond or deposit ongoing rent into the court registry to stay in possession during appeal.
In Texas, the 3-day notice should state the rent owed. Whether late fees can be included depends on your lease language and court interpretation. To be safe, many Texas attorneys recommend listing only the rent in the demand notice and pursuing fees separately.
⚠️ Legal Disclaimer: Texas eviction procedures vary by county and court. This guide provides general information as of and is not legal advice. Consult a Texas licensed attorney for complex eviction situations.
