Tarrant County · Owner Guide

What are the eviction basics every Texas landlord should know?

By Andrew ChavisUpdated September 23, 20267 min read
The Short Answer

Texas eviction law is specific about the sequence and the paperwork. The process runs: written notice to vacate, file in justice court, trial set 10 to 21 days after filing, judgment, appeal window, writ of possession. Skipping or rushing any step can reset the clock. This page is general information, not legal advice.

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 (a forcible detainer suit) in the Justice of the Peace court for the precinct where the property is located, not the one nearest you. Tarrant County has eight justice precincts, and precinct lines do not follow city limits, so confirm the precinct for the property address with the county before filing; a petition in the wrong precinct is dismissed and the clock restarts. For the northwest corridor the county's own Precinct 4 page lists Lake Worth, Azle, Haslet, Saginaw, Blue Mound, Westworth Village, Westover Hills, Sansom Park, River Oaks, White Settlement and Fort Worth within Precinct 4, seated in Lake Worth (Tarrant County, Constable Precinct 4, read September 23, 2026); the northeast cities file in the precincts served from Hurst and Southlake. The county's precinct lookup map at gisit.tarrantcounty.com/caid resolves any address; the address decides, not the nearest building. On the 2026 fee schedules the filing fee is $54 plus a $90 constable service fee per defendant, $144 for one tenant (Tarrant County Justice Court fee schedules effective January 1, 2026). Both corridor precincts now prefer eFile; Precinct 3 requires businesses to file eviction and debt cases through eFileTexas as of March 1, 2026, and Precinct 4 has moved to eFile as its preferred method for all filers. After filing, if the court finds genuinely disputed facts it sets the trial at least 10 days and no more than 21 days after the petition is filed (Tex. R. Civ. P. 510.8(b)(10), as rewritten for eviction suits filed on or after January 1, 2026), and the tenant receives a citation. Which of the eight precincts takes the case, and what each office requires, is on our precinct page linked below. Arrive with the written lease, the notice to vacate with proof of delivery, a rent ledger, 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, the tenant has 5 days after the judgment is signed to appeal by bond, cash deposit, or a Statement of Inability (Tex. R. Civ. P. 510.19(a), the rule formerly numbered 510.9). Signed, not heard: get the signed date from the clerk. 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 writ cannot issue before the sixth day after the judgment is signed or the day after the appeal deadline, whichever is later, and not more than 60 days after signing, which the court can extend to 90 days for good cause (Tex. R. Civ. P. 510.18(g)(1)). Issuance is ministerial and the constable must serve it within five business days (Sec. 24.0061(b-1), effective January 1, 2026). The constable, not you, executes the writ: a 24-hour notice is posted, then the constable returns to remove the tenant and allow you to change the locks. On the 2026 Tarrant County schedules the writ is $5 to the court plus $180 to the constable, $185 total. 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: $144 to file and serve one tenant, $185 for the writ if it goes that far (the 2026 Tarrant County schedules above), 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 (All Panther managed-portfolio estimate, September 2026). 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

How long does an eviction take in Texas?
A clean case with no appeal: 3 to 6 weeks from the day you deliver the notice to vacate. If the tenant appeals the JP court judgment, add 6 to 12 weeks or more as the case moves to county court. The most common delays come from procedural errors that require refiling.
Can I change the locks on my tenant without going to court?
No. Texas law requires landlords to go through the court process. Self-help evictions (changing locks, removing belongings, cutting utilities) are illegal in Texas and can expose you to damages, attorney fees, and a month's rent plus $1,000 statutory penalty (Tex. Prop. Code Sec. 92.0081(h); Sec. 92.008(f) for utility cutoffs). Let the constable handle physical removal after the writ.
How much does eviction filing cost in Tarrant County?
On the 2026 Tarrant County Justice Court fee schedules: $54 filing plus a $90 constable fee to serve each defendant, so $144 for one tenant. If the case goes to a writ of possession, add $185 ($5 court plus $180 constable). Total court and constable costs for a one-tenant case that runs to the writ come to about $329, before lost rent and any attorney. Fees are set by the county and revised each January; confirm the current schedule with your precinct.
Do I need a lawyer to evict a tenant in Texas?
Texas does not require a landlord to have an attorney in JP court, but if the case is contested, the tenant has counsel, or you made a procedural error, a property manager or attorney familiar with local JP courts can save significant time and money. For a first eviction, consulting one before filing is worth the hour.
What happens if I accept partial rent after filing for eviction?
Accepting payment after serving notice can waive the eviction in some circumstances. It may look like you agreed to let them stay under a modified arrangement. If the tenant offers any money after you serve notice, get advice from an attorney or property manager before accepting or refusing. Do not simply take the check.
Which Justice of the Peace precinct do I file in for a rental in Saginaw, Haslet, or Keller?
The precinct where the property sits. Tarrant County's Precinct 4 page lists Lake Worth, Azle, Haslet, Saginaw, Blue Mound, Westworth Village, Westover Hills, Sansom Park, River Oaks, White Settlement and Fort Worth within Precinct 4, seated in Lake Worth (Tarrant County, Constable Precinct 4, read September 23, 2026). Keller and North Richland Hills fall in the northeast precincts served from Hurst and Southlake. Precinct lines do not follow city limits, so confirm the address with the county's precinct lookup map (gisit.tarrantcounty.com/caid) before filing; a petition in the wrong precinct is dismissed.
Do I have to eFile an eviction in Tarrant County?
Increasingly, yes. Precinct 3 requires businesses to file eviction and debt cases through eFileTexas as of March 1, 2026, and Precinct 4 has made eFile its preferred method for all filers, with a kiosk at the court for anyone without a computer. Self-represented owners can use eFileTexas Self Help, which walks through the eviction petition question by question.

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