Texas's forcible detainer is fast but precinct-specific. Filing in the wrong precinct delays your case.
Texas's eviction process is called Forcible Detainer and is governed by Texas Property Code Chapter 24 and Texas Rules of Civil Procedure 510. Cases are filed in justice court (justice of the peace court) at the county precinct level. Texas is firmly landlord-friendly with one of the fastest eviction processes in the country. Uncontested cases typically conclude within three to four weeks of filing.
Forcible detainer cases are filed in the justice court of the precinct where the property is located. Texas counties are divided into precincts, each with its own justice court. Knowing your property's precinct is essential — filing in the wrong precinct delays the case. Major Texas counties have multiple precincts.
For non-payment of rent, Texas requires a 3-day written notice to vacate (Texas Property Code 24.005). The notice must inform the tenant that they have three days to vacate the premises or face suit. Texas does not require the notice to offer a cure opportunity — the tenant must vacate or face suit. However, leases may specify different (typically longer) notice requirements that supersede the statutory minimum.
For lease violations, the same 3-day notice to vacate is generally used unless the lease specifies different requirements. Some leases require longer notice periods or cure opportunities.
For month-to-month tenancies without cause, Texas requires 30 days written notice. Deliver notices by personal service, posting on the inside of the front door, or certified mail. Texas allows posting in conspicuous locations if other methods fail.
After the 3-day notice expires, file a forcible detainer suit in the justice court of the property's precinct. Filing fees in Texas are typically $100 to $230 depending on the county and precinct. Service is performed by the constable.
The hearing is scheduled within 10 to 21 days of filing. The tenant must appear at the hearing — failure to appear results in default judgment.
Texas justice court forcible detainer hearings are informal but follow basic rules of evidence. Bring your lease, the 3-day notice, proof of service, your rent ledger, and any documentation. The justice of the peace will hear both sides and typically issue a ruling at the hearing.
If you prevail, judgment for possession is entered. The tenant has 5 days to appeal to county court. Appeals stay the writ of possession but require posting bond covering rent.
Harris County, anchored by Houston, is Texas's most populous county and the third most populous county in the United States. Harris County has 16 justice court precincts (8 precincts each with 2 justice courts). The Houston rental market is large and active with consistently high eviction case volumes. Knowing your property's precinct is essential — Harris County's geographic spread means precincts cover very different areas.
Dallas County, anchored by Dallas, is Texas's second-largest county. Dallas County has 5 justice court precincts. Dallas County eviction filings go to the appropriate precinct's justice court. Both Harris and Dallas counties have detailed local procedures for filing, scheduling, and execution. For detailed landlord-tenant law specific to each county — including precinct identification, court contacts, and local procedures — see Harris County landlord-tenant law and Dallas County landlord-tenant law.
Texas's forcible detainer process is fast but precinct-specific. Filing in the wrong precinct delays your case. The 3-day notice has specific content requirements and filing must occur in the correct justice court. See the full Texas landlord-tenant law guide for notice templates, security deposit rules, and county-specific information across all 254 Texas counties.
Once the writ of possession is issued (after the 5-day appeal period), the constable executes the writ. Execution typically occurs within 5 to 10 days. Be present with a locksmith.
Texas Property Code 24.0061 governs handling of tenant property left behind. The landlord must give 60 days notice before disposing of property unless the tenant fails to claim it. Specific requirements apply for items of value.