TEXAS EVICTION PROCESS

If you are searching for the Texas eviction process, chances are you are dealing with a tenant who has stopped paying rent, violated the lease, or refused to move out. Understanding how to legally evict a tenant in Texas is critical. Mistakes can delay your case, cost you money, or even cause the court to dismiss your eviction entirely.

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CheapEvictions123.com helps landlords navigate the full tenant eviction service process in compliance with the Texas Property Code. Below is a complete breakdown of how the eviction process works in Texas, how long it takes, and what to expect at each stage.​

Step 1: Serve the Proper Eviction Notice

Before you can file eviction in Texas courts, you must serve a legally compliant eviction notice.

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Most common notices include:

• 3 Day Notice to Vacate for Nonpayment of Rent

• Notice to Vacate for Lease Violations

• Notice to Vacate for Holdover Tenancy
   

Under Texas Property Code eviction rules, the notice period is typically three days unless the lease states otherwise.

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This is often called an eviction notice Texas landlords must provide before filing a lawsuit. If the notice is defective or improperly delivered, your case can be dismissed.

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Proper delivery methods may include:

• Personal delivery

• Certified mail

• Posting on the inside of the main entry door

• Secure posting on the outside of the door in limited circumstances
   

Accuracy at this stage is critical. Many landlords lose time because the initial notice was not compliant.

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Step 2: File the Eviction Petition

If the tenant does not vacate after the notice period expires, the next step is to file an eviction lawsuit in the Justice of the Peace Court in the precinct where the property is located.

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This is commonly referred to as:

• Evict a tenant in Texas

• Filing eviction in Texas

• Starting the Texas eviction process
   

The petition includes:

• Property address

• Tenant names

• Grounds for eviction

• Amount of unpaid rent if applicable
   

Once filed, the court will issue a citation and schedule a hearing.​

Step 3: Service of Citation

The constable or authorized process server must serve the tenant with the court papers.

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The tenant must receive official notice of:

• The eviction lawsuit

• The hearing date

• The amount claimed
   

If the tenant cannot be personally served, alternative service methods may be used under court rules.

Improper service can delay the process. This is why professional tenant eviction service coordination is important.​

Step 4: The Court Hearing

Eviction hearings in Texas are typically scheduled within 10 to 21 days after filing.

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At the hearing:

• The landlord presents evidence

• The tenant may present defenses

• The judge issues a ruling
   

Common landlord evidence includes:

• Lease agreement

• Payment ledger

• Copy of eviction notice

• Proof of delivery

• Photographs or violation documentation
   

If the judge rules in favor of the landlord, a judgment for possession is issued.

If the tenant wins, the case is dismissed.

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Step 5: Appeal Period

After judgment, the tenant has five calendar days to file an eviction appeal Texas courts recognize.

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If the tenant files an appeal:

• The case moves to County Court

• Additional procedures apply

• The timeline extends
   

Many landlords search for eviction appeal Texas procedures because appeals can significantly delay regaining possession.

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If no appeal is filed within five days, the landlord may proceed to the next step.

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Step 6: Request a Writ of Possession

After the appeal period expires, the landlord can request a Writ of Possession Texas courts issue to restore the property.

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The writ allows the constable to:

• Post a 24 hour warning notice

• Remove occupants if they do not vacate

• Supervise property removal
   

A writ of possession Texas procedure is the final enforcement mechanism in the Texas eviction process.

Landlords are not allowed to remove tenants themselves. Only the constable may execute the writ.

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Frequently Asked Questions

1. How long does it take to evict a tenant in Texas?
The typical timeline is 3 to 5 weeks if the case is uncontested. Appeals can extend the timeline.

2. How many days notice is required before filing eviction in Texas?
Most cases require a 3 day notice to vacate unless the lease specifies a different period.

3. Can I change the locks if the tenant does not pay rent?
Texas law allows limited lockouts under strict rules, but you cannot remove the tenant without a court order.

4. What court handles evictions in Texas?
Evictions are filed in the Justice of the Peace Court in the precinct where the property is located.

5. What happens if the tenant files an appeal?
The case moves to County Court and the eviction timeline is extended.

6. What is a Writ of Possession in Texas?
It is a court order allowing the constable to remove the tenant and restore possession to the landlord.

7. Can I evict a tenant for lease violations other than nonpayment?
Yes. Lease violations, illegal activity, or holdover tenancy can all be grounds for eviction.

8. Do I need an attorney to evict a tenant in Texas?
An attorney is not required in Justice Court, but professional eviction services help ensure compliance.

9. What if the tenant damages the property?
Property damage can be included as grounds for eviction and may be pursued separately for monetary recovery.

10. What happens if I make a mistake in the eviction process?
The case may be dismissed and you may have to start over, which increases time and cost.

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