Step-by-step eviction timeline, notice requirements, and court process for Texas landlords. Updated April 2026.
| Ground | Notice Required | Curable? | Statute |
|---|---|---|---|
| Nonpayment of Rent | 3 days (or per lease) | No | Tex. Prop. Code § 24.005 |
| Lease Violation | Per lease terms | Yes | Tex. Prop. Code § 24.005 |
| Holdover Tenant (Month-to-Month) | 30 days | No | Tex. Prop. Code § 91.001 |
| Holdover Tenant (Fixed-Term) | 3 days (or per lease) | No | Tex. Prop. Code § 24.005 |
| Criminal Activity | 3 days | No | Tex. Prop. Code § 24.005 |
Deliver a written notice to vacate. The default is 3 days for nonpayment, but the lease may specify a shorter period (even 1 day). The notice must demand that the tenant vacate the premises. Serve by personal delivery, mail, or by posting on the inside of the main entry door.
After the notice period expires, file a forcible detainer petition in the justice court for the precinct where the property is located. Include the petition, proof of notice, lease agreement, and evidence of nonpayment or breach. Pay the filing fee.
The court schedules a hearing between 10 and 21 days after filing. Both parties may present evidence. The landlord must prove proper notice and grounds for eviction. If the tenant does not appear, the court may enter a default judgment. Texas allows either party to request a jury trial.
If the court rules for the landlord, a judgment for possession is entered. The tenant has 5 days to appeal to county court. If no appeal is filed, the landlord may request a writ of possession. If the tenant appeals, they must post a bond (supersedeas) to stay the writ.
The writ of possession is delivered to the constable, who posts a notice on the property giving the tenant 24 hours to vacate. If the tenant does not leave, the constable returns to execute the writ by removing the tenant and their property. The landlord may then change the locks.
| Filing Fee | $100-$300 |
|---|---|
| Service Fee | $50-$150 |
| Attorney | $500-$2,000 |
Texas property managers routinely handle eviction proceedings from notice through writ enforcement. Texas justice courts generally allow property managers to file forcible detainer petitions and represent the property owner at hearings. However, contested cases or cases with complex legal issues may benefit from attorney involvement. Property managers should ensure notices comply with lease terms and statutory requirements, maintain documentation of nonpayment, and coordinate with the constable for writ execution. Eviction management fees in Texas typically range from $200 to $750 in addition to court costs.
No (with one exception). Self-help evictions are generally prohibited. However, Tex. Prop. Code § 92.0081(b) allows landlords to change locks for nonpayment if the lease authorizes it, provided a key is given to the tenant within 2 hours of request during business hours. This is not a true eviction.
A typical uncontested eviction takes 3 to 5 weeks: 1-3 days for the notice, 10-21 days for the hearing, and 2-5 days for the writ. Contested cases or appeals to county court can extend the timeline to 6-8 weeks or more.
Yes. Either party may request a jury trial in a forcible detainer case. The requesting party must pay a jury fee. Jury trials take longer to schedule and can add 2-4 weeks to the timeline, but they are relatively rare in routine eviction cases.
After the constable executes the writ of possession, the tenant's property is placed outside the unit. The landlord is not required to store the property. Under Texas law, once the writ is executed and the property is placed outside, the landlord may dispose of it if not claimed by the tenant.
Knox-powered portfolio management keeps your leases, documents, and financials organized in one place.