Eviction is the worst part of being a landlord — and the most legally fraught. Texas has specific rules that must be followed step-by-step. Skip a step, miss a deadline, or attempt “self-help” eviction (changing locks, removing belongings, shutting off utilities) and you can lose the case AND face civil liability from the tenant.
This guide walks through the complete Texas eviction process as it applies to Houston-area landlords — Harris, Fort Bend, Montgomery, Brazoria, Galveston, and Waller counties. We’ll cover legal grounds, the 3-day notice, JP court filing, the hearing, the writ of possession, costs, timeline, and the most common mistakes that cost landlords months of lost rent.
Legal Grounds for Eviction in Texas
Under Chapter 24 of the Texas Property Code, a landlord can pursue eviction (called a “forcible detainer” suit) for several reasons:
- Non-payment of rent. The most common cause. Tenant has failed to pay rent when due.
- Lease violation. Material breach of lease terms (unauthorized pets, occupants, illegal activity, property damage).
- Holdover. Tenant has remained in the property after the lease term ended without a new agreement.
- End of month-to-month tenancy. Landlord has provided proper notice to terminate a month-to-month tenancy (30 days in Texas).
Step 1: 3-Day Notice to Vacate (Texas Property Code §24.005)
Before any eviction suit can be filed, the landlord MUST deliver a written Notice to Vacate. Texas law requires a minimum 3-day notice period unless the lease specifies a longer period.
Notice delivery methods (in order of preference):
- In person to the tenant or to anyone over 16 living at the property
- By certified mail with return receipt requested
- Posted to inside of front main entry door (in compliance with §24.005(f-1)) when other methods are not practical
The notice must specify: (1) the breach being cited, (2) demand for possession, (3) the deadline to vacate (minimum 3 days from delivery). If your lease specifies a longer notice period (e.g., 5 or 7 days), use the longer period.
This is the single most common step that landlords get wrong. An improperly served Notice to Vacate is grounds for dismissal of the eviction — meaning the landlord has to start over, losing 7-14 days.
Step 2: Filing the Eviction Suit (Justice of the Peace Court)
If the tenant has not vacated by the deadline, the landlord files a forcible detainer suit in the Justice of the Peace (JP) precinct where the property is located. In Harris County, there are 16 JP precincts. The court fee in Harris County is approximately $54 to file the eviction, plus $75-$150 for the constable to serve process on the tenant.
Required information for the filing:
- Copy of the lease
- Copy of the Notice to Vacate (with proof of delivery)
- Rent ledger showing amounts owed (if non-payment)
- Detailed description of any other lease violations
- Tenant’s full legal name and current contact info
Step 3: The Eviction Hearing
Once filed, the court schedules a hearing — typically 10-21 days out. The tenant is served notice of the hearing by the constable.
At the hearing, both parties present their case. The judge rules immediately or issues a written judgment within a few days. Possible outcomes:
- Judgment for landlord. The court awards possession + any unpaid rent + costs. Tenant has 5 days to appeal.
- Judgment for tenant. The case is dismissed. Landlord typically must restart the process.
- Default judgment for landlord. If the tenant fails to appear, the judge typically rules for the landlord automatically.
- Settlement. Many Texas evictions settle before judgment — often a “cash for keys” arrangement where the landlord pays a small amount to secure voluntary departure quickly.
Step 4: Writ of Possession and Constable Execution
If the tenant has not appealed within 5 days AND has not moved out, the landlord requests a Writ of Possession from the court. The cost adds another $150-$250.
Once issued, the constable schedules execution — typically 5-10 days out. On execution day, the constable arrives at the property and physically removes the tenant if they’re still present. The tenant’s belongings are placed at the curb. The landlord regains possession.
Total Eviction Cost in Harris County (2026)
- JP Court filing fee: ~$54
- Constable service of process: ~$75-$150
- Writ of possession fee: ~$150-$250
- Writ execution fee: included in the writ fee in most precincts
- Optional attorney fees: $300-$1,500 for uncontested cases
- Total: $280-$450 for an uncontested eviction without attorney; up to $2,000 with an attorney
Atlas covers eviction filing fees as part of our full-service property management plans. See our eviction services →
Typical Eviction Timeline in Houston
- Day 1: Notice to Vacate delivered to tenant
- Day 4-5: Notice period expires; landlord files eviction in JP Court
- Day 14-21: Court hearing held
- Day 21-26: Tenant appeal window (5 days)
- Day 26: Landlord requests writ of possession
- Day 31-36: Writ executed by constable; landlord regains possession
- Total: 21-35 days for an uncontested case in Harris County
The 5 Most Common Eviction Mistakes Landlords Make
- Improperly serving the Notice to Vacate. Posting it on the door without making reasonable in-person attempts first, or not giving the full 3-day period.
- Accepting partial rent payment after filing. In Texas, accepting any rent after filing can waive the eviction. Reject partial payments in writing or document them as something other than rent.
- Self-help eviction. Changing locks, removing belongings, or shutting off utilities. All illegal and grounds for tenant counterclaims.
- Showing up to court without documentation. Without the lease, notice, and rent ledger in hand, the judge will rule against the landlord.
- Missing the writ deadline. Failing to request the writ within the proper window means restarting the entire process.
How Atlas Property Management Handles Houston Evictions
Eviction is the most stressful part of being a landlord — and the easiest place for things to go wrong legally. Atlas handles the entire process for you:
- We deliver properly-formatted Notice to Vacate the moment it’s legally permissible
- We file the JP Court suit in the correct precinct with all required documentation
- We appear in court on the landlord’s behalf (no owner court time required)
- We coordinate constable execution of the writ
- We coordinate property re-securing and make-ready after execution
- We handle Cash-for-Keys negotiations when they make economic sense
Atlas serves all six counties in greater Houston: Harris, Fort Bend, Montgomery, Brazoria, Galveston, and Waller. We know each county’s JP precincts, constable schedules, and court tendencies.
Frequently Asked Questions
How long does an eviction take in Houston, TX?
From notice to vacate through writ of possession, a typical uncontested eviction in Harris County takes 21-30 days. Contested evictions (where the tenant appears and defends) take 35-60 days. Atlas handles the full process so you don’t have to deal with court appearances.
How much does an eviction cost in Harris County?
Filing fees in Harris County JP Court run approximately $54 to file an eviction suit, plus $75-$150 for service of process by constable. Writ of possession adds another $150-$250. Total court costs: $280-$450, plus attorney fees if you hire one. Atlas covers eviction filing fees as part of our full-service plans.
Can a landlord evict without going to court in Texas?
No. Self-help eviction (changing locks, removing tenant belongings, shutting off utilities) is illegal in Texas and exposes the landlord to serious civil liability. Every eviction must go through the JP Court process — no exceptions.
How many days notice does a Texas landlord have to give before eviction?
Texas Property Code requires a minimum 3-day Notice to Vacate before filing eviction (unless the lease specifies a longer notice period). The notice can be delivered in person, by mail, or by posting at the property in compliance with §24.005 of the Texas Property Code.
What if the tenant doesn’t show up to eviction court?
If the tenant fails to appear at the eviction hearing, the judge typically issues a default judgment in the landlord’s favor. The tenant has 5 days to appeal. After the appeal window closes, the landlord requests a writ of possession, which is executed by the constable to physically remove the tenant if they haven’t left voluntarily.
Cities We Serve
Atlas handles evictions across all of greater Houston:
Bellaire, TX · Conroe, TX · Cypress, TX · Friendswood, TX · Katy, TX · Kingwood, TX · League City, TX · Pasadena, TX · Pearland, TX · Spring, TX · Sugar Land, TX · The Woodlands, TX · See all 60 service areas →
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- Out-of-State Landlord Guide for Houston Rentals — Texas vs your home state, remote management, choosing a PM, and Atlas’s OOS workflow.