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:

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):

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:

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:

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)

Atlas covers eviction filing fees as part of our full-service property management plans. See our eviction services →

Typical Eviction Timeline in Houston

The 5 Most Common Eviction Mistakes Landlords Make

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:

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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