STEP 1: A notice to vacate must be delivered to the tenant prior to filing an eviction suit in accordance with Texas Property Code Sec. 24.005.

STEP 2: After required amount of time has passed following the notice to vacate, the landlord may file the eviction suit with the Justice of the Peace.

STEP 3: The Constable will serve the tenant with a copy of the court paperwork, which notifies the tenant of the court date. If the Constable is unable to make contact with the tenant, the landlord or his/her representative may request alternate methods of service by the Constable. Oftentimes, the tenant will be made aware of the court date before the landlord.

STEP 4: The landlord or his/her representative must be present at the court hearing. Both sides will have the opportunity to present their case. In most cases the landlord will request the court to award the amount of delinquent rent owed at the time of the hearing, possession of the property, or both. *Late fees cannot be awarded by the court in an eviction hearing. This requires a separate filing.

STEP 5: If the judge rules in favor of the landlord, the tenant has 5 days to vacate and pay. During that same 5 day period, the tenant may appeal the court’s ruling to the next higher court. In most cases, the Justice Court will set an appeal bond and the tenant will be required to make the monthly rent payments to the Justice Court during the appeal process.

STEP 6: After the 5 day period has ended, and if the tenant has not vacated the property, the landlord or his/her representative may obtain a Writ of Possession from the Court. The Constable will coordinate a time with the landlord or representative to meet at the residence. The Constable will remove anyone inside the residence and the landlord will be required to provide a sufficient amount of personnel to remove all of the tenant’s property in accordance with law.

NOTE: There are many possible factors and circumstances that can affect an eviction case which may require additional steps and costs. The steps listed above are, in no way, intended to be interpreted as legal advice and are typical of cases based on our professional experience. If you have legal questions, always seek the advice of an attorney.