What are the eviction basics every Texas landlord should know?

Step One: Written Notice to Vacate

Before you file anything with a court, you must deliver a written notice to vacate. For nonpayment of rent, the default under Texas law is 3 days unless your lease specifies a different period. The notice must include the reason for eviction and the deadline to vacate, and it must be delivered correctly — in person, left at the premises in a conspicuous place, or via certified mail depending on the situation. Getting this wrong is the most common early mistake: landlords hand-deliver without documentation, send an informal text, or use the wrong timeline. The court will ask to see the notice. If it does not meet legal requirements, your case gets dismissed and you start over.

Step Two: Filing in Justice Court

If the tenant does not comply with the notice, you file an eviction petition (called a forcible detainer suit) in the Justice of the Peace court for the precinct where the property is located. The filing fee in Tarrant County is typically around $46 to $121 depending on the precinct, plus service fees for the constable to serve the tenant. After filing, the court schedules a hearing — usually 10 to 21 days out. The tenant receives a citation so they can respond. You should arrive with: the written lease, the notice to vacate with proof of delivery, a rent ledger showing what is owed, and any written communications about the issue.

Step Three: The Hearing and Judgment

Both parties present at the hearing. If the tenant does not show, you usually get a default judgment. If they do show, the judge hears both sides and rules — typically on the same day. If you win, there is a mandatory 5-day appeal window before the judgment becomes enforceable. The tenant can appeal to county court, which moves the case out of JP court and resets to a slower timeline. Some tenants use this purely to buy time. Budget for that possibility. If no appeal is filed within 5 days, you can proceed to a writ of possession.

Step Four: Writ of Possession and Constable Removal

After the appeal window closes with no appeal, you request a writ of possession from the JP court. The constable (not you) executes the writ — they post a 24-hour notice, then return to physically remove the tenant and allow you to change the locks. Constable fees vary by precinct but typically run $75 to $200. Total timeline from notice to writ, in a clean case with no appeal, is usually 3 to 6 weeks. With an appeal, add 6 to 12 weeks or more.

What a Typical Eviction Actually Costs

Add it up: filing fees ($75–$150), constable service and writ fees ($150–$300), your time, lost rent during the process, make-ready costs after the tenant leaves, and attorney fees if you use one. A straightforward eviction in 76179 typically runs $1,500 to $3,000 out of pocket — not counting the lost rent itself. A contested eviction or one where you made a procedural mistake can cost significantly more. That is why landlords who have not been through the process often find that using a property manager to handle problem tenancies is cheaper than doing it wrong.

The Mistakes That Extend the Timeline

The five mistakes that most commonly stall evictions: (1) wrong notice period or improperly delivered notice, (2) accepting partial rent after serving notice — this can waive the eviction in some situations, (3) self-help actions like changing locks, removing belongings, or cutting utilities before getting the writ, which is illegal in Texas and creates serious liability, (4) not having documentation of lease violations or nonpayment ready for court, and (5) missing deadlines between hearing and writ request. Every mistake has the same result: delay, refiling, or a dismissal.

Common Questions