No landlord wants to evict a tenant. It costs time, money, and emotional energy. But when rent goes unpaid or lease terms are violated, the eviction process exists to protect your property and your investment. Texas has one of the more streamlined eviction processes in the country, but cutting corners at any step can derail the entire case.
Here is how the Texas eviction process works from start to finish.
Before You Start: Is Eviction the Right Move?
Eviction should be a last resort. Before filing, consider whether the situation can be resolved through direct communication. A tenant who is two weeks late on rent due to a temporary job loss may respond well to a payment plan. A tenant who has not paid in two months and is not communicating is a different situation entirely.
Document all communication attempts. If you offer a payment plan, put it in writing and have both parties sign. If the tenant does not respond or does not follow through on agreed terms, eviction may be the necessary path forward.
Step 1: Notice to Vacate
The eviction process in Texas begins with a written Notice to Vacate. Under Section 24.005 of the Texas Property Code, the default notice period is three days. This means the tenant has three days after receiving the notice to either cure the violation (such as paying overdue rent) or vacate the property.
Your lease can specify a different notice period (longer or shorter than three days). If your lease says “five-day notice,” you must give five days. If the lease is silent on notice period, the three-day default applies.
How to deliver the notice:
- In person to the tenant or any person living in the unit who is 16 years of age or older
- By mail (regular mail, registered mail, or certified mail, return receipt requested) to the premises
- Affixed to the inside of the main entry door as a form of personal delivery to the premises
- Affixed to the outside of the main entry door in a sealed envelope marked “IMPORTANT DOCUMENT” if inside delivery is not possible due to a keyless bolt, alarm, dangerous animal, or safety concern (a copy must also be mailed the same day)
The notice does not need to state the reason for eviction, though including it is common practice. It must state that the tenant needs to vacate within the specified timeframe.
Important: The three-day period does not include the day the notice is delivered. If you deliver the notice on Monday, the three days are Tuesday, Wednesday, Thursday. If the tenant has not vacated by the end of Thursday, you can file the eviction suit on Friday.
Step 2: File the Eviction Suit (Forcible Detainer)
If the tenant does not vacate or cure the issue within the notice period, you file an eviction suit (legally called a “forcible detainer” action) in the Justice Court for the precinct where the property is located.
What you need to file:
- A completed petition (most Justice Courts provide standard forms)
- A copy of the lease agreement
- A copy of the Notice to Vacate with proof of delivery
- The filing fee (typically $75 to $150 depending on the county)
You can also claim unpaid rent in the same suit, as long as the total amount does not exceed $20,000 (the jurisdictional limit of Justice Court).
Step 3: The Court Hearing
After filing, the court will set a hearing date. Texas law requires at least 10 days between the date the citation is served on the tenant and the hearing date, but no more than 21 days.
The tenant will be served with the citation, which notifies them of the hearing date and their right to appear and contest the eviction.
At the hearing:
- You (or your attorney or property manager) present your case: the lease terms, the violation, the notice given, and the failure to cure or vacate.
- The tenant can present their defense.
- The judge makes a ruling, usually on the same day.
Common landlord mistakes at this stage:
- Not bringing copies of the lease, notice, and proof of delivery
- Not being able to show that the notice period was properly calculated
- Having a notice that does not match the lease terms
If you win, the court will issue a judgment for possession and may award unpaid rent and court costs.
Step 4: The Appeal Period
After the judgment, the tenant has five calendar days to file an appeal. If the tenant appeals, the case moves to County Court for a new trial. The tenant may be required to post a bond (typically equal to one month of rent) to stay in the property during the appeal.
If the tenant does not appeal within five days, you can proceed to the next step.
Step 5: Writ of Possession
If the tenant still has not vacated after the five-day appeal period, you request a Writ of Possession from the court. This is the legal document that authorizes the constable or sheriff to physically remove the tenant and their belongings from the property.
The constable will post a 24-hour notice on the door, giving the tenant one final opportunity to leave voluntarily. After 24 hours, the constable will oversee the removal.
Important: Only the constable can execute the Writ of Possession. You cannot remove the tenant yourself, change the locks, or remove their belongings before this step. Doing so constitutes an illegal “self-help” eviction and exposes you to significant liability.
Total Timeline
From start to finish, a typical Texas eviction takes approximately three to six weeks when the process goes smoothly:
- Notice to Vacate: 3 days (or as specified in the lease)
- Filing to hearing: 10 to 21 days
- Appeal period: 5 days
- Writ of Possession execution: 1 to 7 days after request
Contested evictions, appeals, and court scheduling delays can extend this timeline. But compared to states where evictions take months, Texas moves relatively quickly.
What You Cannot Do During Eviction
Texas law prohibits landlords from taking any of these actions to force a tenant out:
- Changing the locks (except under very specific conditions outlined in Section 92.0081, and even then, the tenant must be given a key)
- Shutting off utilities
- Removing doors or windows
- Removing the tenant’s belongings
- Threatening or intimidating the tenant
- Entering the property without proper notice (except for emergencies)
These actions constitute illegal lockout or self-help eviction. A tenant subjected to an illegal lockout can recover actual damages, one month’s rent plus $1,000, court costs, and attorney fees. The risk is simply not worth it.
Eviction Costs
Budget for the following expenses:
- Filing fee: $75 to $150
- Service of citation: $50 to $100
- Attorney fees (if you hire one): $500 to $1,500 for an uncontested eviction
- Writ of Possession: $100 to $200
- Lost rent during the process: varies
- Turnover costs after possession: cleaning, repairs, re-leasing
Total out-of-pocket costs for an uncontested eviction typically run $500 to $2,000, not counting lost rent or turnover expenses.
How to Reduce Eviction Risk
The best eviction strategy is never needing one:
- Screen tenants thoroughly. Credit checks, income verification, rental history, and references filter out high-risk applicants.
- Use a clear, detailed lease. Ambiguity in lease terms creates defenses for tenants in eviction hearings.
- Communicate early about late payments. A friendly reminder on Day 2 is more effective than silence until Day 15.
- Document everything. Every notice, every communication, every payment received.
- Enforce lease terms consistently. Selective enforcement weakens your position in court.
When to Hire an Attorney
You can handle a straightforward eviction (non-payment of rent, uncontested) without an attorney. But consider hiring one if:
- The tenant contests the eviction
- There are counterclaims (tenant alleges repair issues or retaliation)
- The amount of unpaid rent is significant
- You are unsure about any procedural step
An eviction attorney familiar with your local Justice Court can also ensure that paperwork is filed correctly the first time, which avoids costly delays.
How Property Management Helps
At Kendall Creek Properties, we handle the entire eviction process when it becomes necessary. From issuing the Notice to Vacate through coordinating with attorneys and the constable, our property owners are kept informed without being burdened by the process.
More importantly, our screening and management practices significantly reduce the likelihood of eviction in the first place. Prevention is always more cost-effective than removal.
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