Texas Eviction Timeline: A Step-by-Step Guide for Renters

Facing an eviction in Texas can be stressful and confusing, especially if you’re not familiar with the legal process. Understanding each step of the eviction timeline can help you protect your rights and respond promptly. This guide explains the official Texas eviction process, from notices to court hearings and moving out, using simple language tailored for renters.

Understanding the Texas Eviction Process

Eviction in Texas is a legal process landlords must follow before removing you from a rental property. The timelines and steps are governed by the Texas Property Code, Chapter 24 – Forcible Entry and Detainer^[1]. The Justice of the Peace Court in your county is the official tribunal handling eviction cases (find your local court here).

1. Notice to Vacate

The first step is receiving a Notice to Vacate from your landlord. This written notice gives you a clear deadline to move out or address the problem (such as unpaid rent). For nonpayment or most lease violations, Texas law requires at least 3 days' notice, unless your lease states otherwise.

• Form: There is no official statewide "Notice to Vacate" form, but your landlord must provide written notice that follows state requirements (see details).
• Action: Use this time to pay the rent if possible, fix any lease violations, or prepare your response.

2. Filing an Eviction Case

If you don’t resolve the issue or move out by the deadline, your landlord can file an eviction lawsuit (called a "Forcible Entry and Detainer" suit) at the local Justice of the Peace Court.

• Form: Petition for Eviction (also called Forcible Entry and Detainer Petition). Landlords file this at the court—tenants do not need to complete this form. View a sample petition (PDF).
• The court schedules a hearing 10–21 days after the petition is filed. You will receive a court summons with the hearing date and time.

3. Receiving Official Court Papers (Summons and Citation)

You must be officially notified (in person, by mail, or posted at your door) about the eviction lawsuit and your court date.

• Form: Citation (no number; generated by the court). This document tells you when and where to appear for your hearing.
• Action: Read the summons carefully—missing your court date can result in a default judgment against you.

4. Preparing for and Attending Court

Your eviction hearing will take place at the Justice of the Peace Court. Arrive on time, bring any evidence (like receipts, photos, or correspondence), and present your side. You have the right to explain your situation, show you’ve paid rent, or challenge the eviction if you believe it is unjustified.

• You may seek legal aid or assistance before your hearing.

5. Judgment and What Happens Next

If the court rules in your landlord's favor, you typically have five calendar days to:

• Move out voluntarily, or
• File an Appeal if you disagree with the decision.

Form: Appeal Bond (Statement of Inability to Pay) – Used if you want to appeal but cannot afford the bond. Download Statement of Inability (PDF).

6. Writ of Possession

If you do not leave after five days and do not appeal, your landlord can ask the court for a Writ of Possession. This order allows law enforcement to physically remove you from the property, typically within 24–72 hours of posting.

• Form: Request for Writ of Possession (filed by landlord; tenants are not required to complete this). Sample form here.

Summary: The Texas eviction process usually takes 2–4 weeks from notice to final move-out or lockout, but it can go faster or slower depending on court schedules and local procedures.

Always keep copies of all documents and correspondence, and respond quickly to any court filings.

Texas Eviction Timeline: Key Steps for Renters

• Day 1: You receive a Notice to Vacate (minimum of 3 days, unless lease says otherwise).
• Day 4+: Landlord may file an eviction lawsuit at the local Justice Court.
• Within 10–21 days: You receive summons and citation with your hearing date.
• Court Hearing: Typically held 10–21 days after filing.
• After judgment: 5 days to move out (or file an appeal).
• After 5 days: Landlord may request a Writ of Possession.
• Sheriff/constable posts notice and may remove you within 1–3 days.

FAQ: Common Questions About Eviction in Texas

1. How much notice does my landlord have to give me before filing for eviction in Texas?
   Generally, at least 3 days’ written notice is required, unless your lease says otherwise.
2. Can my landlord change the locks or remove my belongings without a court order?
   No. Your landlord must follow the court process and obtain a "Writ of Possession" before law enforcement can remove you from your home.
3. What should I do if I cannot attend my eviction hearing?
   Contact the court immediately. If you miss your hearing, you may lose your case by default.
4. Do I have the right to appeal an eviction judgment?
   Yes, you have 5 calendar days to file an appeal with the Justice Court.
5. Where can I find official help or check my court hearing details?
   Contact your local Justice of the Peace Court or visit the official Texas Justice Courts directory.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs – Tenant Resources
• Find Your Local Justice of the Peace Court (tribunal for eviction cases)
• TexasLawHelp.org – Free Legal Information and Forms
• Texas Eviction Diversion Program – Tenant Assistance
• Legal Aid: Texas Legal Services Center

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1. Texas Property Code, Chapter 24 – Forcible Entry and Detainer
2. Texas Courts – Justice of the Peace Courts Directory
3. Texas Department of Housing and Community Affairs – Tenant Resources

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