A Texas eviction — formally called a forcible detainer action — is one of the fastest civil proceedings in the state, but the actual clock depends on the county, the type of breach, and how clean the paperwork is when it reaches the Justice of the Peace court. Understanding each stage helps landlords set realistic expectations and avoid the small errors that push cases back weeks.
Step 1: Notice to Vacate
Under Texas Property Code § 24.005, the landlord (or the landlord's agent) must give the tenant written notice to vacate before filing suit. For non-payment of rent, the default statutory period is three days unless the lease specifies a different period. This notice is issued by the landlord before an attorney is involved; our role at filing time is to confirm that the required notice was properly served and documented.
Step 2: Filing the petition
Once proper notice has been given and the cure period has expired, the eviction petition is filed in the Justice Court for the precinct where the property is located. Filing fees vary by county, and citation must be served on the tenant by a constable or authorized process server.
Step 3: The hearing
Texas Justice Courts must set the hearing between 10 and 21 days after the petition is filed. Landlords should bring the lease, the ledger showing amounts owed, proof of the Notice to Vacate and how it was delivered, and any relevant correspondence with the tenant.
Step 4: Judgment and appeal window
If the judge rules for possession, the tenant has five days to appeal to County Court. If no appeal is filed, the landlord may request a writ of possession on the sixth day.
Step 5: Writ of possession
Once issued, the constable posts a 24-hour notice on the property and returns to execute the writ. For an uncontested, cleanly documented non-payment case, the realistic end-to-end timeline in most Texas counties is four to six weeks.
This article is general educational information about Texas law and is not legal advice for any specific matter. For representation on a specific case, contact Vellalos Law directly.