Eviction Process

Eviction Process in Texas

The eviction process has several stages:

01

Notice to vacate

Landlords must give written notice before filing suit. The notice tells the tenant why they are being evicted and demands possession .

02

Eviction suits, also called forcible entry and detainer suits, are filed in the Justice of the Peace Court where the property is located . Suits are filed when tenants breach the rental agreement or refuse to leave after the notice period.

03

Court hearing

During the hearing, the landlord must prove immediate right to possess the property and may also prove past‑due rent . Hearings are usually scheduled quickly and can last minutes or hours . If the landlord prevails, the court grants a judgment for possession and may award unpaid rent.

04

Appeal

Tenants may appeal to county court within five days. Appeals essentially restart the case, 37 so having representation is vital.

05

Writ of possession

After judgment, tenants get a minimum five‑day grace period to vacate. If they remain, landlords can request a writ of possession to have the constable remove the tenant .