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How Do I Evict a Tenant in Texas?

Patrick Kevin Fagan Patrick Kevin Fagan Updated August 18, 2026

Texas eviction follows a specific legal process: serve a 3-day notice to vacate (or per lease terms), file an eviction suit in Justice Court if the tenant doesn't leave, attend a hearing, obtain a judgment, and if the tenant still won't leave, get a writ of possession from the constable. Never lock out a tenant or remove their belongings yourself — that's illegal.

Step-by-Step Eviction Process (Notice, Filing, Hearing, Judgment, Writ)

The Texas eviction process has five phases. First, serve a written notice to vacate (typically 3 days for non-payment of rent). Second, file an eviction suit in the Justice Court of the precinct where the property is located. Third, attend the court hearing. Fourth, if you win, the judge issues a judgment for possession. Fifth, if the tenant still hasn't moved, you request a writ of possession from the court, and the constable physically removes the tenant.

3-Day Notice Requirements

For non-payment of rent, Texas law requires a 3-day notice to vacate before filing an eviction. The notice must be in writing, state the date, and explain that the tenant must vacate within 3 days (excluding weekends and holidays). The notice can be delivered in person or posted on the property plus mailed.

Justice Court Process (Timeline, Costs, Hearing)

The Justice Court process typically takes 2-4 weeks. Filing fees are $100-200. The court sets a hearing date within 10-14 days of filing. Both parties present evidence. If the tenant doesn't show, you may get a default judgment. If the tenant contests, the judge hears both sides and makes a ruling.

What NOT To Do (Self-Help Eviction, Lockouts, Utility Shutoffs)

Never change the locks, remove the tenant's belongings, shut off utilities, or threaten the tenant. These are illegal self-help evictions in Texas and can result in the tenant suing you for damages. Always follow the legal process through the courts.

Costs of Eviction (Filing Fees, Attorney, Lost Rent)

An eviction typically costs $1,000-3,000 when you factor in filing fees, service of process, attorney fees (if you hire one), and lost rent during the process. The entire process can take 30-60 days from start to finish.

Preventing Evictions (Good Screening, Clear Lease, Communication)

The best eviction is the one you never have to file. Thorough tenant screening, a clear lease agreement, and proactive communication prevent most eviction situations. If a tenant is struggling, consider a payment plan rather than jumping straight to eviction.

Patrick's Take

"Eviction is a last resort. Good screening prevents 90% of eviction situations. When you do need to evict, follow the legal process exactly. I've seen landlords make costly mistakes by trying to handle it themselves — a $500 attorney fee saves you from a $5,000 lawsuit."
PF
Patrick Kevin Fagan
Patrick Kevin Fagan

Patrick Kevin Fagan

Loan Officer and Realtor · AXEN Realty LLC

Patrick Kevin Fagan is a dual-licensed real estate agent and mortgage loan originator with over 23 years of experience helping buyers throughout Texas. He specializes in first-time homebuyer education and loan strategy.

Facing a Difficult Tenant Situation?

Patrick can help you understand your rights and options as a Texas landlord.

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