Texas Eviction Process in Houston: Step-by-Step Landlord Guide (2026)

This guide walks through the complete Texas eviction process as it applies to Houston-area landlords in 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.

Updated for 2026: Senate Bill 38 changed Texas eviction procedure for cases filed on or after January 1, 2026, including the type of notice required for nonpayment, how notices are delivered and how quickly trials are set. This guide reflects the new rules. For the other laws that apply to Houston rentals, see our Texas landlord-tenant law guide.

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 ended a month-to-month tenancy with proper notice. Under Texas Property Code §91.001 the tenancy ends one month after notice is given, which is not always the same as 30 days.

If the tenant has not appealed and has not moved out, the landlord can request a writ of possession, which cannot issue before the sixth day after judgment. In Harris County a writ of possession costs $160 ($5 in court costs plus a $155 constable fee).

Once issued, the constable schedules execution. On that day the officer returns possession to the landlord and can remove the tenant’s belongings from the unit, but not while it is raining, sleeting or snowing (§24.0061). The landlord should be ready to change the locks and secure the property.

• Eviction petition: $54 court costs
• Constable service: $85 per defendant served
• Writ of possession: $160 ($5 court costs plus $155 constable fee)
• Additional defendants, expedited service or extra constable time add to the total
• Attorney fees, if you hire one, vary by case

Court costs for an uncontested eviction against one tenant: about $299 ($139 to file and serve, plus $160 for the writ), based on the current Harris County fee schedule. Fees change, so confirm with your precinct before filing.

Atlas prepares notices, files eviction cases and coordinates with constables for owners through our eviction services.

• Day 1: Notice to vacate or notice to pay rent or vacate delivered
• Day 4 to 6: Notice period ends (later if the last day falls on a weekend or holiday); petition filed
• Within about 5 business days of filing: Constable serves the tenant
• 10 to 21 days after filing: Trial
• 5 days after judgment: Appeal window closes
• 6th day after judgment or later: Writ of possession issued, then executed on the constable’s schedule
• Total: roughly four to six weeks for an uncontested case in Harris County, longer if the tenant appeals

• Using the wrong notice or delivery method. After January 1, 2026, a first-time nonpayment case needs a notice to pay rent or vacate, delivered by a method SB 38 lists. Filing before the full notice period has run is another common error.
• Taking rent after notice without a plan. Accepting payments after giving notice or filing can complicate the case, depending on your lease and notice. Decide in advance how partial payments will be handled and put it in writing.
• 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.

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 prepare and deliver the correct notice under the 2026 rules as soon as it is 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.