What is the eviction process in Texas?

Texas eviction is governed by Property Code Chapter 24 and Texas Rules of Civil Procedure 510.

1. Notice to Vacate

Nonpayment or lease breach: At least 3 days notice to vacate (Prop. Code § 24.005(a)) unless the written lease provides a shorter or longer period.

Notice may be delivered in person, by mail, or by attaching to the inside of the main entry door.

2. Filing the Forcible Detainer Suit

Landlord files in the Justice of the Peace (JP) court of the precinct where the property is located (TRCP 510.3). Filing fee is approximately $54 plus $80 service.

3. Citation and Hearing

Defendant must be served at least 6 days before trial. Hearing is set 10-21 days after suit is filed (TRCP 510.4). No formal answer is required; tenant may simply appear.

4. Trial

Informal hearing before the JP. Either party may demand a jury (jury fee is $22). The only issue is the right to immediate possession; title and damages over $20,000 are not within JP jurisdiction.

5. Judgment and Appeal

If landlord wins, judgment is rendered immediately. Tenant has 5 days to appeal to the County Court at Law (TRCP 510.9) by posting an appeal bond or pauper's affidavit. Tenant in possession may also have to post one month's rent into the registry to stay during appeal.

6. Writ of Possession

If no appeal, JP issues a writ of possession no sooner than 6 days after judgment (Prop. Code § 24.0061). Constable posts a 24-hour vacate notice on the door.

7. Lockout

Constable executes the writ typically within 7 days of issuance, removing tenant and personal property.

8. Tenant Defenses

Improper notice, payment in full before trial (limited), retaliation (Prop. Code § 92.331), repair-and-deduct, fair housing violations, and waiver of breach.

This is legal information, not legal advice.