A Texas eviction for non-payment of rent moves through Justice Court (JP court) in roughly three to six weeks from the day the Notice to Vacate is delivered, and the default notice period under Texas Property Code Section 24.005 is three days unless the lease specifies a different period. Total out-of-pocket cost for an uncontested eviction usually runs $500 to $2,000 in filing fees, service costs, attorney fees, and writ execution before you ever talk about lost rent or turnover.
Sounds clean right. It is, when the paperwork is right and the tenant does not show up. It is not, when you miss a procedural step, or the tenant raises a habitability counterclaim under Section 92.0563, or the JP throws out the case because the notice was delivered wrong. Texas has one of the faster eviction processes in the country, and that speed depends entirely on the landlord doing every step correctly the first time.
I run Kendall Creek Properties in Austin. We file evictions when we have to and we work hard to never have to. Every eviction is an operational failure of the screening or management process upstream. So lets walk through the actual statute, the JP court process in Travis County, what the timeline really looks like, the self-help eviction trap that bankrupts landlords, and the things we do at KCP to keep this entire process from being necessary.
Austin Metro Context
Austin MLS data via Kendall Creek Properties, May 2026:
- 3,378 active residential lease listings inside the City of Austin
- 53-day average days on market for closed leases in 2026
- Travis County JP courts: five precincts handle eviction filings, online docket via the Travis County Civil Court records
Travis County JP court has handled thousands of eviction filings annually since the post-pandemic resumption. Each precinct has its own scheduling and clerk customs. Local court rules vary slightly by precinct, so the JP your property falls under matters for procedural detail.
Before You File: Is Eviction the Right Move?
Eviction should be a last resort. Before filing, consider whether the situation can be resolved through direct communication. A tenant who is two weeks late due to a temporary job loss may respond well to a payment plan. A tenant who has not paid in two months and is not communicating is a different situation.
Document every communication attempt. If you offer a payment plan, put it in writing and have both parties sign. If the tenant does not respond or does not follow through on agreed terms, eviction may be the necessary path forward. But the conversation usually saves both sides money compared to filing.
Our internal data at Kendall Creek: most rent delinquencies in our portfolio resolve inside 14 days of the first late notice without filing. The ones that do not usually have a deeper issue (job loss, health crisis, separation) where a structured payment plan is more humane and more economical than an eviction proceeding.
Step 1: The Notice to Vacate (Section 24.005)
The eviction process begins with a written Notice to Vacate. Section 24.005 sets the default notice period at three days. The lease can specify a different period (longer or shorter) and that controls. Many TAA leases specify a one-day notice for non-payment of rent, which speeds the process.
How to deliver the notice (Section 24.005(f) and (f-1)):
- In person to the tenant or any person 16 years or older living in the unit
- By mail (regular, registered, or certified mail return receipt requested) to the premises
- Affixed to the inside of the main entry door as a form of personal delivery
- Affixed to the outside of the main entry door in a sealed envelope marked “IMPORTANT DOCUMENT” if inside delivery is not possible due to a keyless bolt, alarm, dangerous animal, or safety concern. A copy must also be mailed the same day.
The notice does not have to state the reason for eviction, but most landlords include it. It must state the deadline to vacate.
Important: The notice period does not include the day of delivery. Three-day notice delivered Monday means the three days are Tuesday, Wednesday, Thursday. The earliest the tenant has to be out is end of day Thursday. You can file the suit on Friday.
This is the step where self-managing owners most often blow the case. Wrong notice period (gave 3 days when lease required 5), wrong delivery method (slid it under the door without mailing the copy), wrong content (did not state the deadline clearly). Any of these can get the case dismissed and force a restart.
Step 2: File the Eviction Suit (Forcible Detainer)
If the tenant does not vacate or cure within the notice period, you file a forcible detainer action in the JP court for the precinct where the property is located. In Travis County, look up the precinct map to confirm which JP serves your property’s address.
What you file:
- A completed petition (most JP courts provide standard forms, also available at TexasLawHelp.org eviction forms)
- A copy of the lease agreement
- A copy of the Notice to Vacate with proof of delivery
- Filing fee ($75 to $150 in Travis County, varies by precinct)
You can claim unpaid rent in the same suit, capped at $20,000 (the JP court jurisdictional limit).
Most JP courts in Travis County now accept e-filing through eFileTexas. Walk-in filing is also available. Either way, the clerk assigns a hearing date.
Step 3: The Hearing
Texas law requires at least 10 days between service of citation on the tenant and the hearing date, but no more than 21 days. Practical reality in Travis County right now is 12 to 18 days from filing to hearing in most precincts.
The tenant is served with the citation, which notifies them of the hearing date and their right to appear and contest. Service is typically by a constable. If the tenant cannot be personally served, alternate service (posting on the door plus mailing) is allowed under specific conditions.
At the hearing:
- You, your attorney, or your PM presents the case: lease terms, the violation, the notice given, failure to cure or vacate
- The tenant presents any defense
- The judge rules, usually same day
What to bring:
- Original lease (signed by both parties)
- Original Notice to Vacate
- Proof of delivery (certified mail receipt, photo of door posting, witness affidavit)
- Rent ledger showing the delinquency
- Any communications with the tenant about the issue
Common landlord mistakes that lose cases:
- Cannot prove proper notice was given (no certified mail receipt, no dated photo of posting)
- Notice period was wrong relative to the lease terms
- The lease has not been executed properly or has missing signatures
- Tenant raises a habitability counterclaim and the landlord has no documentation of repair history
- Showing up without the lease itself
If you win, the court issues a judgment for possession and may award unpaid rent and court costs.
Step 4: The Appeal Period (5 Days)
After the judgment, the tenant has five calendar days (Section 24.007) to file an appeal. If the tenant appeals, the case moves to County Court for a new trial. The tenant may be required to post a bond (typically equal to one month of rent) to stay in the property during the appeal under Section 24.0053.
Indigent tenants can file a Statement of Inability to Afford Payment of Court Costs in lieu of the bond, which extends their stay without payment. This is common.
If the tenant does not appeal within five days, you proceed to the writ.
Step 5: Writ of Possession
If the tenant still has not vacated after the five-day appeal period, you request a Writ of Possession from the court (Section 24.0061). This is the legal document authorizing the constable to physically remove the tenant and their belongings.
The constable posts a 24-hour notice on the door. After 24 hours, the constable oversees the removal. Belongings are removed to a nearby location designated by the landlord (sidewalk, storage container).
Only the constable can execute the writ. You cannot remove the tenant yourself, change the locks, or remove belongings before this step. Doing so is illegal self-help eviction and exposes you to actual damages, one month’s rent plus $1,000, court costs, and attorney fees under Section 92.0081. I have seen self-managed owners do this thinking they are saving time. They are buying themselves a much bigger lawsuit.
Total Timeline (Realistic)
From start to finish, a typical Travis County eviction for non-payment runs three to six weeks when the process goes smoothly:
| Step | Time |
|---|---|
| Notice to Vacate | 1 to 3 days (per lease) |
| Filing to hearing | 12 to 18 days |
| Hearing to judgment | Same day |
| Appeal period | 5 days |
| Writ request to execution | 5 to 10 days |
| Total | 23 to 36 days |
Contested evictions, appeals to County Court, and court scheduling delays extend this. Cases with habitability counterclaims can stretch 60 to 90 days. Compared to states where evictions take six months to a year, Texas moves fast, but only if the paperwork is right.
What You Cannot Do During an Eviction (The Self-Help Trap)
Texas law prohibits these actions to force a tenant out:
- Changing the locks (except under the very specific conditions in Section 92.0081, and even then the tenant must be provided a key 24/7)
- Shutting off utilities (water, electric, gas) the landlord controls
- Removing doors or windows
- Removing the tenant’s belongings
- Threatening or intimidating the tenant
- Entering the property without proper notice (except emergencies)
These constitute illegal lockout or self-help eviction. The tenant can recover actual damages, one month’s rent plus $1,000, court costs, and attorney fees. The risk is simply not worth it. Wait the three weeks. File the paperwork. Let the constable do their job.
Eviction Costs (Budget Realistically)
| Item | Amount |
|---|---|
| Filing fee (Travis County) | $75 to $150 |
| Service of citation | $50 to $100 |
| Attorney fees (uncontested) | $500 to $1,500 |
| Writ of Possession | $100 to $200 |
| Lost rent during process | $2,000 to $4,000 |
| Turnover after possession | $2,000 to $5,000 |
| Total real cost | $4,725 to $10,950 |
The headline “filing fee” is the cheap part. The real cost is lost rent and turnover. Which is why prevention beats prosecution every time.
How Good PMs Avoid Eviction
The single best metric for a property manager is eviction rate. Ours is low and stays low because we work the steps that prevent the situation:
Real screening on the front end (Texas tenant screening guide). Credit, income verification at 3x rent, eviction history check, two prior landlord references. Most evictions trace back to a screening compromise.
Day-of late notices automated through the tenant portal. Tenant gets a text and an email the day rent is late. Most people are not problem tenants. They just forgot or had a payday hiccup. Early communication resolves most of it.
Structured payment plans for tenants with a documented hardship. Job loss, medical bill, separation. A signed payment plan is cheaper than a $5,000 turnover cost and gives the tenant a real path forward.
Document everything so if it does go to JP court the file is bulletproof. Rent ledger, late notices, all communication, lease, walkthroughs.
Know the precinct. Travis County has five JP precincts. Each has slightly different scheduling and clerk preferences. Knowing which precinct you are in matters.
When to Hire an Attorney
You can handle a straightforward, uncontested non-payment eviction without an attorney. Consider hiring one if:
- The tenant contests the eviction
- There are counterclaims (habitability, retaliation, deposit dispute)
- The amount of unpaid rent is significant ($10,000+)
- You are unsure about any procedural step
- The tenant has filed for bankruptcy (automatic stay implications)
An eviction attorney familiar with your specific JP precinct can ensure paperwork is filed correctly the first time, which avoids costly delays. Local attorneys often handle the entire process for $500 to $1,500 in uncontested cases.
The Austin Bar Association lawyer referral service and TexasLawHelp.org are starting points if you need a local attorney or want self-help guidance.
What Happens After You Get Possession Back
The tenant is removed. You get the keys. The property is yours again. Now the work starts:
- Document the condition immediately with timestamped photos throughout
- Inventory any belongings left behind (Texas has specific rules under Section 92.014 on how to handle them)
- Process the security deposit within 30 days under Section 92.103 (see our security deposit guide)
- Begin turnover work (cleaning, paint, repairs, re-key)
- Re-list the property
- Pursue unpaid rent and damages if the judgment included a money award
The money judgment from the JP court is collectible but realistically often uncollectable from a tenant who could not pay the rent in the first place. Most experienced landlords treat the writ of possession as the actual win and the money judgment as a bonus if it ever materializes.
Frequently Asked Questions
How long does an eviction take in Texas?
Three to six weeks from Notice to Vacate to writ execution in a typical uncontested case. Contested cases or appeals stretch to 60 to 90 days.
Can I evict a tenant in Texas without a lease?
Yes. Month-to-month or holdover tenancies can be terminated with proper notice under Texas Property Code Section 91.001 (typically one month). The forcible detainer process is the same.
How much does an eviction cost in Texas?
Out-of-pocket court costs run $500 to $2,000. Real total cost including lost rent and turnover is typically $4,725 to $10,950 per eviction.
Can I evict a tenant for noise complaints in Texas?
If the lease prohibits nuisance behavior, yes. The notice must reference the specific lease violation. Documentation of the violations (dated complaints, police reports if applicable) is essential.
What is a writ of possession?
The court order authorizing the constable to physically remove the tenant after the appeal period has expired. Only the constable can execute it.
Can a Texas tenant stop an eviction by paying rent?
If the lease allows cure (most do for non-payment), then yes, paying the full delinquent amount during the notice period stops the process. After the notice period expires, the landlord can refuse partial payment and proceed. Always get legal advice before accepting partial payment mid-eviction because it can reset the process.
What if the tenant files bankruptcy during the eviction?
The bankruptcy filing creates an automatic stay that pauses the eviction. There are specific exceptions for evictions already in writ status. Get an attorney involved immediately if this happens.
Can I evict a tenant for having an unauthorized roommate?
If the lease prohibits unauthorized occupants and you can document the violation, yes. The same notice-and-file process applies.
Do I have to give a tenant their belongings back after eviction?
Yes, under Section 92.014 the tenant has the right to retrieve belongings. There are specific rules on storage and disposal if they do not.
Will an eviction show up on the tenant’s record?
Yes. Eviction filings (whether successful or dismissed) appear in the public court record and are picked up by tenant screening services for years.
How Kendall Creek Properties Handles Evictions
When eviction becomes necessary, we handle the entire process: Notice to Vacate, filing, hearing representation (or attorney coordination for contested cases), writ execution coordination with the Travis County constable’s office, and turnover. Owners stay informed without being burdened by the procedural mechanics.
More importantly, our screening, late-notice automation, and payment plan practices keep our portfolio eviction rate low. The cheapest eviction is the one you never have to file. That is the operational mindset we run on.
Related Reading
For the broader rulebook see Texas landlord tenant laws every property owner should know. For preventing eviction through better screening, see tenant screening in Texas. For getting the lease right so an eviction case is winnable when it has to happen, see Texas lease agreement requirements.
If you want a PM to handle the entire delinquency-to-resolution lifecycle including evictions when they are unavoidable, here is what our service covers, or reach out through our contact page to talk through your specific situation. You can also browse current rentals to see what we put on the market after a successful turnover.