Eviction in Texas

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.. Because Texas courts operate at the state and county level, local surcharges, service-of-process fees, and motion filing fees can add meaningfully to the out-of-pocket total. Every person whose household income falls below roughly 125–200% of the federal poverty line can apply for a fee waiver (sometimes called "in forma pauperis") with the court clerk.

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). Missing a required element, filing in the wrong venue, or failing to perfect service within the statute-of-limitations window can cause dismissal without prejudice, forcing you to refile and pay the fee again.

This is public court-fee and procedural data, not legal advice. Outcomes in eviction cases depend heavily on facts, evidence, documentation, and the judge assigned. If your matter is contested, involves minor children, real property, significant debts, domestic violence, or immigration consequences, consult a licensed Texas attorney or contact your state legal-aid office before filing. Data on this page was last verified 2026-03 against Texas court sources; always confirm the current fee schedule with the clerk before paying.