Legal & TaxQuestion 63

What Are the Eviction Laws in Houston, Texas?

Texas eviction for non-payment requires a 3-day notice to vacate, then filing in JP court. The process typically takes 3–6 weeks from notice to possession.

Texas has one of the fastest and most landlord-friendly eviction processes in the country. Understanding the exact steps protects you legally and helps you regain possession of your Houston property efficiently.

  • Step 1 — Notice to Vacate: Deliver a written 3-day notice to vacate for non-payment of rent. The lease can specify a different notice period, but 3 days is the Texas default under Section 24.005 of the Property Code.
  • Step 2 — File in JP Court: If the tenant hasn't vacated after the notice period, file an eviction suit (forcible detainer) in the Justice of the Peace court for the precinct where the property is located. Filing fees are approximately $120–$150 in Harris County.
  • Step 3 — Court hearing: The court hearing is typically scheduled 10–21 days after filing. Bring the lease, proof of notice delivery, and rent payment records.
  • Step 4 — Judgment and appeal period: If you win, the tenant has 5 days to appeal. If no appeal is filed, you can request a Writ of Possession.
  • Step 5 — Writ of Possession: The constable posts a 24-hour notice, then physically removes the tenant and their belongings. This is the only legal way to remove a tenant in Texas.
  • Total timeline: Expect 3–6 weeks from initial notice to actual possession, assuming no delays or appeals. Contested evictions with appeals can take 2–3 months.

Bottom Line

Never attempt a self-help eviction (changing locks, removing belongings, shutting off utilities) — it's illegal in Texas and exposes you to significant liability. Follow the legal process, and consider hiring a Houston eviction attorney ($500–$1,500) for contested cases.

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