Texas (TX) eviction guide
Quick answer
To evict a tenant in Texas, serve a written 3-day Notice to Vacate, then file a forcible detainer suit in Justice of the Peace Court if the tenant does not leave. A hearing is set within 10 to 21 days of filing, and if you win, a writ of possession can be issued 6 days after judgment. The full process typically takes 3 to 8 weeks from notice to lockout.
| Legal grounds | Nonpayment of rent, lease violation, holdover after lease end, or illegal activity |
|---|---|
| Minimum notice | 3 days (nonpayment or lease violation) |
| Where to file | Justice of the Peace (JP) Court in the county where the property is located |
| Filing fee | About $54 to $175 (varies by county; includes service fees) |
| Typical timeframe | 3 to 8 weeks |
Required before filing any eviction suit for nonpayment, lease violations, or holdover tenancy unless the lease sets a different period (Tex. Prop. Code § 24.005).
Used for nonpayment of rent when the tenant paid on time the prior month; gives the tenant the option to pay the overdue amount or leave.
To end a month-to-month tenancy without cause, Texas courts generally expect notice that matches the rental period, typically 30 days, unless the lease specifies otherwise.
Under the 2026 law (SB 38), unauthorized occupants have just 4 days to dispute a landlord's summary disposition claim before a writ of possession can issue without a hearing.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve Written Notice to Vacate | 3 days minimum | Deliver the notice by hand, posting on the door, or certified mail; the 3-day clock starts the day after delivery. |
| 2. File Forcible Detainer Suit in JP Court | Day 4 or later | If the tenant has not left, file the eviction petition at the Justice of the Peace Court in the county where the property sits; the filing fee is roughly $54 plus a service fee that varies by county. |
| 3. Tenant Is Served and Hearing Is Scheduled | 10 to 21 days after filing | The court clerk issues a citation that must be served at least 6 days before the trial date; the hearing is set no sooner than 10 days and no later than 21 days after filing. |
| 4. Attend the Justice Court Hearing | 1 to 3 hours on hearing day | Bring the lease, the signed notice, proof of delivery, and any rent records; if the tenant does not appear, the judge typically rules in the landlord's favor by default. |
| 5. Wait Out the Appeal Window | 5 days after judgment | Either party can appeal to county court within 5 days; if no appeal is filed, the judgment becomes final and the landlord can request the writ. |
| 6. Obtain and Execute the Writ of Possession | 6 days after final judgment | The landlord can request the writ on day 6; the constable or sheriff serves it, gives the tenant at least 24 hours to vacate, and then physically removes anyone who remains. |
Filing a Texas eviction petition costs about $54 in state fees plus a service fee of roughly $75 to $125 depending on the county, bringing the typical total to $130 to $175 before a judgment. If a writ of possession is needed, expect an additional $5 filing fee plus $125 to $155 in constable service fees, plus any attorney costs if you hire legal help.
After the 5-day appeal window closes, the landlord requests a writ of possession from the JP Court. The constable or sheriff (never the landlord) serves the writ and must give the tenant at least 24 hours to gather belongings and leave before physically removing them. Self-help eviction, such as changing locks or removing property without a writ, is illegal in Texas and exposes the landlord to liability.
General information, not legal advice. Governing statute: Texas Property Code Chapter 24 (Forcible Entry and Detainer). Self-help eviction is illegal everywhere; always follow the court process.
Texas eviction FAQ
Most Texas evictions take **3 to 8 weeks** from the first notice to the constable lockout. The minimum is around 3 weeks if the tenant does not appeal; an appeal to county court can add another 2 to 4 weeks or more.
Plan on **$130 to $350 or more** in court and service fees alone. Filing the petition runs about $54 in state fees plus a county service fee of $75 to $125; the writ of possession adds roughly $130 to $160. Attorney fees, if any, are on top of that.
No. Texas law prohibits self-help eviction. A landlord **cannot** change the locks, shut off utilities, or remove a tenant's belongings to force them out. A court judgment and a constable-executed writ of possession are required.
If the tenant does not vacate after the notice period expires, the landlord files a forcible detainer suit in JP Court. If the tenant then fails to appear at the hearing, the judge will typically issue a **default judgment** in the landlord's favor that same day.
Yes. Either party has **5 days** after the JP Court judgment to appeal to county court, where the case is heard fresh (a trial de novo). Filing an appeal automatically stays enforcement of the writ of possession while the appeal is pending.
Revun screens tenants, automates rent reminders, and logs every notice, so fewer tenancies ever reach court.
