What to Expect at Texas Eviction Court: A Renter’s Guide

If you’re a renter in Texas facing eviction, understanding what happens at eviction court can help you feel more prepared and better protect your rights. The entire process is governed by Texas law and handled in special local courts designed to resolve landlord-tenant disputes quickly and fairly. This guide explains what to expect, important deadlines, and the steps you can take if you’re served with an eviction notice.

Who Handles Eviction Cases in Texas?

In Texas, residential eviction cases are decided by the Justice of the Peace Courts. These courts hear most landlord-tenant disputes, including nonpayment, lease violations, and holdover (staying after lease ends) cases.

The Texas Eviction Process: What Renters Can Expect

Most evictions in Texas follow a series of steps set out by the Texas Property Code Chapter 24 and specific rules under Texas Rules of Civil Procedure 500–510.^[1] Here’s what to expect:

• Notice to Vacate: Your landlord must serve you a written Notice to Vacate before filing an eviction. Most cases require at least 3 days’ notice, but check your lease for specific timeframes or longer periods applicable for mobile homes or subsidized housing.
• Eviction Petition Filed: If you don’t move out by the date given, the landlord files a formal “Petition for Eviction” in Justice Court. You’ll be served a copy, informing you of the court date—typically within 10–21 days.
• Your Right to Respond: You aren’t usually required to file a written answer in Justice Court, but you have the right to appear and present your side at the hearing.
• Court Hearing: You, your landlord, and, if you wish, any documents or witnesses, appear before the judge. You and your landlord can both make your case.
• Judgment: The judge issues a decision—either for the landlord (ordering possession) or the tenant (dismissing the case). If ordered to leave, you generally have 5 days to move out or appeal.

Understanding each stage can lessen anxiety and help you prepare a defense if you have one—for example, if rent was already paid, repairs were needed, or you never received the required notice.

Official Texas Eviction Court Forms and Their Uses

• Notice to Vacate (Form No official statewide form; check with your county Justice Court for templates):
  Served by the landlord to start the process. For example, if you are behind on rent, your landlord must provide this notice before taking further action. More guidance is available on the Texas eviction notice resource.
• Petition for Eviction (Justice Court Civil Case Information Sheet):
  Filed by the landlord to request a court hearing. While tenants do not file this, you will receive a copy. View the sample form on the Texas Courts website.
• Defendant’s Response/Answer:
  A formal written answer is optional but recommended if you want to raise a specific defense before court. Check with your local Justice of the Peace Court for their answer form.
• Appeal Bond / Statement of Inability to Afford Payment of Court Costs (Official Statement Form):
  If you lose, you have 5 days to file this if you wish to appeal the decision but cannot afford the appeal bond.
  For example, if you disagree with the judgment due to a factual error or weren't allowed to present evidence, you may file this document within 5 days of judgment.

Your Rights and What Happens at the Hearing

• You have the right to attend the hearing in person and present your side.
• You may bring supporting evidence or witnesses, such as rent receipts, repair requests, or communication records.
• Hearings are usually brief. The judge may ask both sides questions before making a decision.
• If you lose, you cannot be removed immediately—there are waiting periods and appeal rights under Texas law.

What if You Lose the Eviction Case?

If the judge rules for the landlord:

• You have 5 days to appeal or vacate the home.
• If you don’t leave by then and don’t appeal, the landlord can obtain a “Writ of Possession.” A constable will post a final notice and may physically remove you and your belongings after a short waiting period.
• If you can’t afford to pay the appeal bond, you may use the Statement of Inability to Afford Payment to request approval from the court to proceed without payment.^[2]

For more about your options or to find forms, visit the official Texas Justice Courts eviction resource page.

FAQ: Texas Renters and Eviction Court

1. Do I have to move out immediately after losing in eviction court?
   No. You have five days to appeal or vacate before the landlord can seek to have you physically removed.
2. How will I know about my court date?
   You’ll receive a court summons (sometimes called a citation) delivered by a constable or process server, listing the date, time, and location of the hearing.
3. What defenses can I use in eviction court?
   Possible defenses include payment of rent, improper notice, or repairs not made. Bring documents to support your statements.
4. Can I get legal help if I can’t afford a lawyer?
   Yes. Texas has free or low-cost legal aid. See resources below for help with eviction cases.
5. What happens if I don’t go to my hearing?
   The court will likely rule for the landlord by default. It’s important to attend or notify the court if you cannot appear.

Need Help? Resources for Renters

• Texas Justice of the Peace Courts locator – Find your local court and access relevant forms and instructions.
• TexasLawHelp.org: Eviction Resources – Plain language, step-by-step guides, and links to forms.
• Legal Aid for Texans – Connect with free or low-cost legal services for renters in urgent need.
• Tenant Rights Information – Review Texas Property Code Chapter 92 for tenants’ legal protections and responsibilities.

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1. Texas Property Code Chapter 24; Texas Rules of Civil Procedure 500–510: Evictions
2. Official Statement of Inability to Afford Payment of Court Costs Form

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