Important: This information is for educational purposes only and does not constitute legal advice. Court fees and requirements change frequently. Always verify with your local court before filing.
Eviction in Texas
Open-data reference.
Filing a eviction in Texas costs $46–$200 - near the median of the 10 states we track. The typical timeline is Fast track: 3-4 weeks. Contested: 1-2 months., and a mandatory waiting period of 3 days applies before the court can finalize the matter.
Non-payment (3-day notice), lease violation (3-day notice), end of lease (30-day notice)
What This Means for Your Eviction Filing in Texas
Filing for eviction in Texas costs $46–$200 at the courthouse, the first financial barrier most self-represented filers face. $46-$200 in Justice of the Peace Court, plus constable service fees (~$75-$150). Beyond the filing fee, a mandatory waiting period of 3 days applies before the court can finalize the matter, and the typical case timeline is Fast track: 3-4 weeks. Contested: 1-2 months.. County-level surcharges and service-of-process fees can add to that total; see our court fee waiver guide for who qualifies to file without paying.
Procedurally, Texas lays out 7 distinct steps, and the clerk typically requires 4 core document categories to open your case. Residency rules matter: standard state residency rules apply. Grounds or legal theory must be stated clearly in the initial petition - Non-payment (3-day notice), lease violation (3-day notice), end of lease (30-day notice) (see our pro se filing guide for common filing mistakes to avoid).
Filing Fee Details
$46-$200 in Justice of the Peace Court, plus constable service fees (~$75-$150).
How Texas compares to other states
Texas ranks #5 of 10 states for eviction filing cost. Each bar is a state's upper-bound eviction filing fee, from $150 (NC) to $500 (NY); Texas is highlighted at $200.
Source: state court filing-fee schedules (upper-bound fee per state). Verify current amounts with the relevant court. How we calculate this ranking →
Key Requirements
- Serve written notice (3 days minimum for non-payment)
- File eviction petition in Justice of the Peace Court
- Hearing set within 10-21 days
- Writ of Possession after judgment
Step-by-Step Process
- 1
Serve written notice to vacate (3 days for non-payment)
- 2
File eviction petition at Justice of the Peace Court
- 3
Constable serves citation on tenant
- 4
Hearing within 10-21 days after filing
- 5
Judgment issued after hearing
- 6
Writ of Possession issued after 5 days (if no appeal)
- 7
Constable enforces removal
Important Notes
Texas eviction process is landlord-favorable. No rent control statewide.
Grounds / Eligibility
Non-payment (3-day notice), lease violation (3-day notice), end of lease (30-day notice)
Quick Reference
- Filing Fee
- $46–$200
- Waiting Period
- 3 days
- Typical Timeline
- Fast track: 3-4 weeks. Contested: 1-2 months.
Official Resources
Other Civil Processes in Texas
Frequently Asked Questions
How much does it cost to file for eviction in Texas?
The filing fee for eviction in Texas is $46–$200. $46-$200 in Justice of the Peace Court, plus constable service fees (~$75-$150).
How long does eviction take in Texas?
Fast track: 3-4 weeks. Contested: 1-2 months.
Do I need a lawyer for eviction in Texas?
You are not legally required to hire an attorney for eviction in Texas, but legal representation is recommended for complex cases. Free or low-cost legal aid may be available, see lawhelp.org for Texas resources.
Is there a waiting period for eviction in Texas?
Texas requires a mandatory waiting period of 3 days before the process can be finalized.
Where do I file for eviction in Texas?
Eviction filings in Texas are handled through the state court system. Visit the official court website for county-specific filing locations and current fee schedules.
What documents are needed for eviction in Texas?
Key requirements include: Serve written notice (3 days minimum for non-payment); File eviction petition in Justice of the Peace Court; Hearing set within 10-21 days.
Where does this data come from?
This information is sourced from Texas court websites, legal aid organizations, and public court fee schedules, last verified 2026-03. See our methodology for full sourcing details.
Read our methodology - how this data is sourced, computed, and verified.
| Publisher | PlainCivil |
| Sources | Public state court datasets and federal civil-justice records |