Understanding the Texas Eviction Process

---

An eviction lawsuit progresses through strict, separate stages under Texas law. Understanding the timeline associated with these stages is critical for keeping your records organized and preparing your files for the Justice of the Peace Court.

Before a landlord can file an eviction lawsuit in court, they must provide the tenant with a written notice to vacate. 

The Standard Window: By law, a landlord must issue at least a 3-day written notice before initiating an eviction lawsuit, unless the signed lease specifies a shorter or longer timeframe. 

Important Note: A notice to vacate is not a court order to move out. It simply represents the mandatory waiting period required before a lawsuit can be filed in the Justice of the Peace Court.

If the notice period passes and the matter isn’t resolved, the landlord can file an eviction lawsuit in the Justice of the Peace Court. Once filed, the court schedules a trial date—typically between 10 to 21 days from the filing date. A constable or authorized process server will deliver a court citation to the tenant, which lists the exact date, time, and location of the hearing. By law, the tenant must be served at least 6 days before the scheduled trial.

Both parties present their evidence, records, and documentation to the Justice of the Peace Court during the eviction lawsuit. The Ruling: The judge will review the files and issue a judgment granting possession of the property to either the landlord or the tenant. The Default: If a tenant fails to appear at the scheduled time, the judge will issue a default judgment in favor of the landlord.

Once the judge at the Justice of the Peace Court signs a judgment in an eviction lawsuit, a mandatory 5-day clock begins. During this window, neither party can take further action to enforce the judgment.

Filing an Appeal: To challenge the ruling and move the case to the County Court at Law for a brand-new trial, an appeal bond or a Statement of Inability to Afford Court Costs must be filed within 5 days.

Filing to Set Aside a Default: If a default judgment occurred in the eviction lawsuit, a tenant has 14 days to file a Motion to Set Aside, but this motion does not pause the strict 5-day appeal deadline.

If the 5-day window passes without an appeal being filed in the eviction lawsuit, the landlord can request a Writ of Possession from the Justice of the Peace Court. The Constable's Notice: A constable will receive the writ and post a final, physical 24-hour warning notice on the tenant's front door. The Execution: After those 24 hours expire, the constable returns to supervise the property handover and lock change.