The Texas Eviction Process: A Complete Step-by-Step Guide for Landlords

Evicting a tenant in Texas follows a strict legal process governed by the Texas Property Code. Skipping steps or making procedural errors can delay your case by weeks or months — and in some cases, result in dismissal entirely.

The process begins with a Notice to Vacate. Under Texas Property Code §24.005, landlords must provide at least 3 days' written notice before filing suit, unless the lease specifies a different timeframe. This notice can be delivered in person, by mail, or by affixing it to the inside of the main entry door.

After the notice period expires without the tenant vacating, the landlord files a forcible detainer suit at the Justice of the Peace court in the precinct where the property is located. Filing fees typically range from $50 to $120 depending on the county.

The court schedules a hearing within 10–21 days of filing. Both the landlord and tenant appear before the judge, who evaluates whether proper notice was given, whether the landlord has the right to possession, and whether the tenant failed to comply.

If the judge rules in the landlord's favor, a judgment for possession is issued. The tenant then has 5 calendar days to either vacate or file an appeal. If an appeal is filed, the case moves to County Court for a de novo trial — a completely fresh hearing.

If no appeal is filed, the landlord can request a Writ of Possession. The constable posts a 24-hour notice on the property, then returns to physically remove the tenant and restore possession to the landlord.

The entire process can take as little as 3–4 weeks if uncontested, but appeals can extend the timeline to 2–4 months. Working with an experienced eviction service like NTX Eviction can help ensure every step is handled correctly and efficiently.