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 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.
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 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.
Step 1: Notice to Vacate or Notice to Pay Rent or Vacate (Texas Property Code §24.005)
Before an eviction suit can be filed, the landlord must give the tenant written notice. The default is at least three days’ notice, unless a written lease sets a shorter or longer period.
New in 2026: if the eviction is based only on unpaid rent and the tenant was not late before the month the notice is given, the notice must be a notice to pay rent or vacate, which lets the tenant pay the amount owed within the notice period and stay. For a tenant who was already behind, either type of notice is allowed.
How to deliver the notice (suits filed on or after January 1, 2026)
- By mail, including first-class, registered or certified mail, or a delivery service
- Inside the premises, left in a conspicuous place
- By hand to any tenant who is 16 or older
- By email or another electronic method, only if the landlord and tenant agreed to it in writing
SB 38 repealed the older delivery rules, including the instruction to attach the notice to the inside of the main entry door. Notice periods now include weekends and holidays, but a period that ends on a weekend or legal holiday runs through the next business day (§24.0042).
The notice should identify the tenants and property, the reason, the amount owed and how to pay it for a pay-or-vacate notice, and the deadline. Keep proof of how and when it was delivered. Our notice to vacate guide covers the details.
This is the step landlords get wrong most often. A notice that is the wrong type, delivered by a method the statute does not list, or followed by a filing before the period has run can get the case dismissed, which means starting over.
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. Harris County has 16 justice courts across eight precincts. Under the Harris County Justice Courts fee schedule (effective January 1, 2025), filing an eviction costs $54 in court costs plus an $85 constable service fee for each defendant served, or $139 for one tenant. SB 38 also calls for the citation to be served within five business days.
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
Under SB 38, the trial is generally set no sooner than 10 days and no later than 21 days after the petition is filed, and not earlier than the fourth day after the tenant is served. Courts can also resolve some cases through summary disposition when the tenant does not file a response raising a real dispute.
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 and can award unpaid rent and costs. The tenant generally has five days to appeal.
- Judgment for tenant. The case is dismissed. Landlord typically must restart the process.
- Default judgment for landlord. If the tenant does not appear and the landlord proves the case, the judge generally rules for the landlord.
- Settlement. Many Texas evictions settle before judgment, often through 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 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.
Total Eviction Cost in Harris County (2026)
- 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.
Typical Eviction Timeline in Houston
- 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
The 5 Most Common Eviction Mistakes Landlords Make
- 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.
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 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.
Frequently Asked Questions
How long does an eviction take in Houston, TX?
From notice through writ of possession, an uncontested eviction in Harris County typically takes about four to six weeks. Under SB 38, trials are generally set 10 to 21 days after filing. Cases take longer when the tenant contests or appeals.
How much does an eviction cost in Harris County?
Under the Harris County Justice Courts fee schedule, filing costs $54 plus an $85 constable service fee per defendant ($139 for one tenant), and a writ of possession costs $160. Court costs for an uncontested case against one tenant come to about $299, plus attorney fees if you hire one.
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. Removing a tenant who will not leave requires a justice court case and a writ of possession.
How many days notice does a Texas landlord have to give before eviction?
At least three days’ written notice, unless a written lease sets a shorter or longer period (§24.005). For suits filed on or after January 1, 2026, a first-time nonpayment case needs a notice to pay rent or vacate, delivered by mail, inside the unit in a conspicuous place, by hand to a tenant 16 or older, or electronically if agreed in writing.
What if the tenant doesn’t show up to eviction court?
If the tenant does not appear and the landlord proves the case, the judge generally issues a default judgment for the landlord. The tenant generally has five 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 77 service areas →
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