Texas Eviction Process: Overview for Austin Landlords
Texas has a relatively landlord-friendly eviction process compared to many states — the timeline from initial notice to possession can be as short as 21–30 days in uncontested cases. However, the process has strict procedural requirements that must be followed precisely, or judges will dismiss the case and require starting over.
Austin-specific note: Austin City Council has periodically added local eviction protections (extra notice requirements, right to cure periods). Verify current Austin municipal ordinances before filing, as they may require additional steps beyond the Texas Property Code minimum.
Step 1: Serve Proper Written Notice
The eviction process begins with written notice to the tenant. The type of notice depends on the reason for eviction:
Non-Payment of Rent — 3-Day Notice to Vacate
The most common eviction reason. Texas Property Code §24.005 requires:
- 3 calendar days for the tenant to pay rent OR vacate
- Notice in writing
- Delivered in person, by certified mail, or by posting on the inside of the main entry door
The 3-day notice does NOT start on the day of service — it starts the day after. If you serve notice on Monday, the 3 days count Tuesday, Wednesday, Thursday. On Friday morning you can file for eviction if rent is not paid.
Lease Violation (Non-Payment) — 3-Day Notice to Cure or Vacate
For lease violations other than non-payment (unauthorized pet, unapproved occupant, etc.):
- 3 days to cure the violation OR vacate
- Must specify the violation in writing
Holdover Tenant — 3-Day Notice to Vacate
Tenant remains after lease expiration. Texas allows a 3-day notice to vacate for holdover tenants.
Month-to-Month Termination — 1 Month's Notice
To end a month-to-month tenancy without cause, Texas requires 1 month's written notice. This is different from the 3-day notices above.
Step 2: File for Eviction at Justice of the Peace Court
If the tenant doesn't pay, cure, or vacate within the notice period:
Where to file: Travis County Justice of the Peace courts. Your property's location determines which JP precinct has jurisdiction. Check the Travis County website for precinct maps.
Filing fee: Approximately $121–$150 for a residential eviction petition
What you file:
- Petition for Eviction (Forcible Entry and Detainer)
- Copy of the written notice you served
- Proof of service of the notice
- Copy of the lease
Timeline: Courts typically set a hearing date 10–21 days from filing.
Step 3: Serve the Tenant with Court Citation
After you file, the court issues a citation (summons) to the tenant. The constable or process server delivers the citation notifying the tenant of the court hearing date.
The tenant has the right to attend the hearing and present a defense.
Step 4: Attend the Justice of the Peace Hearing
Be prepared:
- Bring the original lease
- Bring proof of notice service (certified mail receipt, photos of posted notice, witness statement)
- Bring rent ledger showing what is owed
- Bring move-in inspection if relevant
If tenant doesn't appear: Default judgment for landlord — typically granted immediately.
If tenant appears: Present your case. Common tenant defenses:
- Claimed the landlord didn't maintain habitability (repair and deduct defense)
- Claimed discrimination
- Claimed procedural errors in the notice
Most non-payment evictions are routine for JP courts — with proper documentation, landlords typically prevail.
If you win: JP issues a judgment for possession. Tenant has 5 calendar days to vacate OR appeal to the County Court at Law.
Step 5: Writ of Possession (If Tenant Doesn't Leave)
If the tenant doesn't vacate after the judgment:
- After the 5-day appeal period expires, request a Writ of Possession from the JP court
- A constable executes the writ by posting notice on the door
- After 24 hours, the constable returns to physically oversee removal of the tenant and their belongings
- Writ cost: ~$130–$200 (constable fee)
Landlord warning: Do NOT attempt self-help eviction — changing locks, removing doors, shutting off utilities, or physically removing a tenant without a writ of possession is illegal in Texas (§92.0081 Texas Property Code) and exposes you to civil liability. Always use the legal process.
Common Austin Eviction Mistakes
- Wrong notice period: Serving a 5-day notice when Texas requires 3 days is technically acceptable, but serving a 1-day notice is not
- Improper service: Sliding a note under the door doesn't satisfy Texas notice requirements
- Accepting partial payment without written reservation: Unless your lease has a non-waiver clause, accepting any rent payment after serving notice may waive the eviction
- Not bringing all documentation to the hearing: Judges dismiss cases for insufficient evidence — bring originals, not just copies
- Violating Austin's local eviction ordinance: Austin periodically enacts additional tenant protections — stay current on city ordinances
Eviction Timeline Summary
| Step | Timeline |
|---|---|
| Serve 3-Day Notice | Day 0 |
| Notice period expires | Day 3 |
| File eviction with JP Court | Day 4–7 |
| Court hearing scheduled | Day 14–25 from filing |
| JP judgment issued | Day of hearing |
| Tenant has to vacate or appeal | 5 days after judgment |
| Request writ of possession | Day 6 after judgment |
| Constable executes writ | 1–7 days after writ issued |
Total timeline (uncontested): As fast as 21–30 days from notice to possession
Frequently Asked Questions
An uncontested eviction can be completed in 21–35 days from initial notice. If the tenant appeals to County Court, add 30–60 days. Contested evictions with legal defense can run 60–120 days.
For month-to-month tenancies, Texas allows termination without cause with 1 month's written notice. Check current Austin Municipal Code for any active local 'just cause' requirements that may exceed state law.
