Texas Eviction Questions, Answered.

Most Texas evictions take about three to six weeks from the notice to vacate to the court's judgment. The exact time depends on the county, the court's docket, and whether the tenant appeals.

A Texas eviction has four main stages: a written notice to vacate, filing a forcible detainer suit in the justice court, the eviction trial, and, if the tenant does not leave, a writ of possession enforced by a constable.

Eviction suits, called forcible detainer cases, are filed in the Justice of the Peace court for the precinct where the rental property is located, under Chapter 24 of the Texas Property Code.

The court sets the trial for no sooner than 10 days and no later than 21 days after the petition is filed. A trial cannot be held until at least 6 days after the tenant has been served.

In most cases, no. An authorized agent represents you at the hearing, and landlords usually do not need to appear or testify. We tell you in advance if your case is an exception.

The eviction hearing decides only the right to possession. Under Senate Bill 38, effective January 1, 2026, a tenant cannot file counterclaims inside the eviction case, although they may pursue separate claims in another lawsuit.

For nonpayment of rent, Texas law requires at least three days' written notice to vacate before you can file, unless your lease specifies a shorter or longer period. As of January 1, 2026, under Senate Bill 38, a landlord filing on grounds other than nonpayment is generally not required to give this presuit notice unless the lease requires it.

Under the rules effective January 1, 2026, the notice may be delivered in any manner the parties agreed to in writing, in the manner the tenant has used to communicate in writing with you including email, or, if there is no such method, in a way reasonably expected to give the tenant actual notice. Older fixed methods such as posting on the inside of the door were repealed by Senate Bill 38.

Yes. For a nonpayment case, a notice to pay rent or vacate satisfies the notice requirement, as does a straightforward notice to vacate.

We charge a guaranteed flat fee, which in most cases is one-third to one-half the cost of a private attorney. County court filing fees and constable service fees are set by each county and are quoted to you up front.

The justice court can award possession of the property plus unpaid rent and certain costs, up to the court's jurisdictional limit. Amounts above that limit are usually pursued in a separate lawsuit.

If you win, the court signs a judgment for possession. A writ of possession cannot be issued before the sixth day after the judgment is signed, or the day after the tenant's appeal deadline, whichever is later. Before any removal, the constable posts a written notice giving at least 24 hours before returning to carry out the writ.

Yes. A tenant has five days from the signing of the judgment to appeal to the county court, by filing an appeal bond, a cash deposit, or a sworn statement of inability to pay. In a nonpayment case, a tenant who wants to stay during the appeal generally must pay rent into the court's registry. Under Senate Bill 38, the appealing party must swear the appeal is in good faith and not for delay.

No. So-called self-help evictions are illegal in Texas. You cannot improperly lock a tenant out, remove their belongings, or shut off utilities to force them out. Lockouts are tightly restricted by Section 92.0081 of the Property Code, and only a constable acting on a writ of possession may remove a tenant.

Senate Bill 38, effective January 1, 2026, created a faster summary disposition process aimed at unauthorized occupants and squatters. In those cases the occupant has a short window, generally four days, to file a response backed by evidence, which can lead to a quicker resolution than a standard contested trial.

Yes. A purchaser at a foreclosure sale must give a qualifying residential tenant at least 30 days' notice to vacate, and federal rules such as the CARES Act can require a 30-day notice for covered properties. We check for these before filing.

No. Capital City Evictions is an eviction services company, not a law firm, and nothing on this page is legal advice. Texas law allows an authorized agent to represent a property owner in an eviction case in justice court.

We serve Austin and Central Texas, including Travis, Williamson, Hays, and Bastrop counties, plus the San Antonio, Dallas-Fort Worth, and Houston metros. We handle all residential property types, from single-family homes and condos to apartments and high-rise towers.

Call us or send a message through our contact page for a free consultation. We review your situation, quote a guaranteed flat fee, and begin right away.