Look, dealing with evictions in Texas? It's messy. I remember helping a friend in Austin last year – paperwork nightmares, court delays, the whole nine yards. Whether you're a tenant facing sudden homelessness or a landlord stuck with unpaid rent, understanding the eviction process in Texas is crucial. We'll break down every gritty detail so you don't get blindsided.
Reality Check: Texas Justice Courts handle over 200,000 eviction cases annually. Dallas County alone sees 1,500+ filings monthly during peak seasons (Texas Office of Court Administration, 2023)
The Core Steps of Eviction in Texas
Texas follows a strict legal procedure. Skip steps and you'll lose – period. Here's how it actually works:
Notice to Vacate: Your Starting Point
Landlords can't just change locks (though I've seen it happen – big mistake). You must serve written notice:
| Reason for Eviction | Notice Type | Time Given | Special Rules |
|---|---|---|---|
| Non-payment of rent | 3-Day Notice to Vacate | Minimum 3 days | Must specify exact amount owed |
| Lease violation (noise, pets) | Notice to Cure or Vacate | Typically 3 days | Tenant can fix issue to avoid eviction |
| Illegal activity (drugs, violence) | Unconditional Quit Notice | Immediate (no cure option) | Must have police report evidence |
| Month-to-month tenancy termination | 30-Day Notice | 30 days | Doesn't require cause |
Pro Tip: Always serve notices via certified mail AND tape a copy to the door. Text messages? Not valid. Email? Only if lease allows it. I've seen cases tossed because of lazy delivery.
Filing the Eviction Lawsuit
If the tenant stays past the notice period? Time for court. Landlords file a "Forcible Detainer" suit at the Justice Court. Costs vary:
- Filing Fee: $50-$150 depending on county (cash or money order only – no cards)
- Constable Fee: $75-$125 for serving court papers
- Attorney Fees: $500-$2000 if you hire counsel (not required but recommended for complex cases)
Honestly, the paperwork trips up DIY landlords. One wrong checkbox and you'll be re-filing.
The Court Hearing Phase
Trials move fast – usually within 21 days of filing. Tenants MUST file an "Answer" by the Monday before trial (usually 5-7 days after being served). Otherwise? Automatic landlord win. Here's what actually happens in court:
| Stage | Time Allotted | Critical Actions | Common Mistakes |
|---|---|---|---|
| Pre-Trial | 10-15 min | Mediation attempts, document checks | Missing lease copies or payment records |
| Trial | Under 10 min | Evidence presentation, witness questions | Arguing irrelevant points (judges hate this) |
| Judgment | Immediate | Judge rules for possession/rent owed | Not requesting writ immediately |
Watch Out: Tenants can request a jury trial for $50 – this delays eviction by 2-3 weeks minimum. Smart move if they need breathing room.
Critical Deadlines You Can't Afford to Miss
Timing is everything in Texas evictions. One delayed step adds weeks:
| Action | Deadline | Consequence of Missing |
|---|---|---|
| Tenant Answer filing | By 10 AM the Monday before trial | Default judgment for landlord |
| Landlord writ request | Within 60 days of judgment | Case dismissed, restart needed |
| Constable execution of writ | Within 24-72 hours of receiving | Rare delays due to staffing |
| Tenant appeal filing | Within 5 days of judgment | Loss of appeal rights |
Funny story – a buddy thought he had 10 days to request his writ. By day 61? Back to square one. $800 down the drain.
Tenant Defenses That Actually Work
Most tenants just leave. But valid defenses exist:
- Repair and Deduct: Withheld rent due to unaddressed repairs? Show dated repair requests and photos. (Texas Property Code §92.056)
- Retaliation: Eviction filed within 6 months of repair requests? Judges scrutinize closely.
- Notice Errors: Wrong timeframes or delivery methods void cases. I've seen 30% dismissed for this.
- Discrimination: Fair Housing Act violations (race, disability, etc.) are nuclear options – hard to prove but case-killers.
Warning: "I lost my job" isn't a legal defense. Neither is partial payment after notice expires. Bring concrete evidence or don't bother.
Landlord Traps to Avoid
Even legitimate evictions get derailed by dumb errors:
- Self-Help Evictions: Cutting power? Changing locks? $1,000+ fines plus tenant damages. Just don't.
- Accepting Partial Rent: Take money after filing? Your case gets dismissed. Seriously.
- Ignoring Military Tenants: Active duty? Require extra steps under SCRA. Mess this up and federal courts get involved.
- Wrong Court Filings: Justice Courts handle evictions. District Courts? Only for damages over $20,000. File in wrong place and bye-bye case.
My unpopular opinion? Many landlords trigger unnecessary evictions. Before filing, ask: Is this tenant salvageable? Payment plans often cost less than turnover.
Cost Breakdown: The Hidden Expenses
Evictions bleed money. Here's the real math:
| Expense Type | Landlord Cost | Tenant Cost |
|---|---|---|
| Court Fees | $150-$350 | $0-$50 (for Answer) |
| Lost Rent | 2-3 months average | N/A |
| Turnover Repairs | $500-$5,000+ | N/A |
| Moving Costs | N/A | $800-$2,000 |
| Credit Damage | N/A | 100+ point drop for 7 years |
See why negotiating beats court? A tenant owing $1,500 rent might cost you $6,000 to replace.
The Appeal Process: Worth It?
Tenants lose 92% of eviction trials. But appeals happen:
- Step 1: File "Notice of Appeal" + $500 bond within 5 days of judgment
- Step 2: County Court trial de novo (starts over)
- Step 3: Execution delayed until appeal concludes (6-8 weeks later)
Appealing buys time but rarely changes outcomes. Only consider if you have bombshell new evidence.
Post-Judgment Reality
Won your case? The constable posts a 24-hour vacate notice. After that:
- Constables supervise move-out (no touchy tenant stuff!)
- Left belongings? Landlord must store 30 days (tenants pay retrieval fees)
- Collecting owed rent? Requires separate lawsuit – eviction only gets possession
Storage Nightmare: Texas lets landlords charge $25/day for storing abandoned property. I've seen storage fees exceed rent debts!
Texas Eviction FAQ: Real Talk
Can I stop eviction after the court judgment?
Maybe. Pay all rent + court costs before the constable comes? You stay. But post-judgment payments require landlord agreement – most refuse.
How long does the entire eviction process in Texas take?
Fastest? 3 weeks (non-payment cases with no defense). With delays? 2-3 months. Appeals? Add 60+ days.
Do I need a lawyer for eviction in Texas?
Landlords? Usually no – if paperwork is perfect. Tenants? Absolutely. Pro bono legal aid exists in major counties (Houston Volunteer Lawyers, Austin Tenant's Council).
Will eviction show up on my background check?
Yes. Court filings are public record. Most landlords screen out evictions within 7 years. Some states restrict reporting after 4 years – not Texas.
Can I be evicted during winter in Texas?
Yes. Unlike northern states, Texas has no cold weather moratorium. Only federal protections (like COVID-era pauses) apply when active.
Alternatives to Eviction Court
Before starting Texas eviction proceedings, explore:
- For Tenants: Payment plans (get in writing!), rental assistance (211.org), lease surrenders (avoids eviction record)
- For Landlords: Cash-for-keys agreements ($500-$2,000 for peaceful exit), lease modifications
Last summer, I mediated a deal where tenant got $1,200 to vacate. Landlord saved $4,000 in lost rent. Win-win.
Resource Alert: Texas Department of Housing lists active rental assistance programs. Dallas and Harris counties have millions in unused funds – apply early!
Special Cases That Change Everything
Standard rules don't always apply:
Section 8 / Housing Voucher Tenants
Landlords MUST notify the housing authority before evicting. Failure voids the case. Also, "no-cause" evictions aren't allowed – must prove lease violation.
Mobile Home Parks
60-day notices required for lot lease terminations. Different rules under Texas Occupations Code Chapter 94.
Post-Foreclosure Evictions
New owners inherit tenants. Must give 30-day notice before starting formal eviction. Can't just boot people.
Key Takeaways for Survival
- Paper Trail Everything: Notes don't count. Use certified mail for all communications.
- Respond Immediately: Tenants – answer court papers within DAYS. Landlords – file writs same-day you win.
- Know Local Variations: Travis County (Austin) requires mediation attempts. Harris County (Houston) has slower dockets.
- Document Storage Costs: Landlords – photograph abandoned items and send invoice via certified mail.
The eviction process in Texas favors landlords on paper. But one misstep tilts the field. Whether you're holding the keys or the notice, knowledge is your real weapon.
Still stressed? Call the Texas State Law Library’s free legal hotline. Better than relying on Reddit horror stories.
Comment