Eviction
*** This page has been updated to reflect new changes to Texas eviction law regarding SB 38 which passed in the 89th Legislature. Please consult with an attorney for additional guidance on Texas eviction law. ***
What is an eviction?
An eviction is a lawsuit filed by a landlord to remove people and belongings from the landlord’s property. In Texas law, these are also called “forcible entry and detainer” or “forcible detainer” suits. There are hundreds filed every day in Texas justice courts (also called justice of the peace or J.P. courts).
A landlord may evict a tenant for violating the terms of the lease (for example, for failing to pay rent) or staying past the agreed lease term (“holding over”). Your landlord cannot discriminate or retaliate against you.
If you are getting evicted, you should try to get advice from an attorney. If you are unable to obtain advice from an attorney and you instead try using ChatGPT or other AI services, you must be extremely careful in relying on such information. Ideally, if you use an AI search, you should then confirm with a knowledgeable attorney. For example, the Texas eviction process changed significantly effective January 1, 2026. You should double check any information obtained through AI research to ensure that it is not based on the law in effect prior to January 1, 2026. The best way to do that is to consult with an attorney. If your income is very low, you may qualify for free or low-cost legal aid from a nonprofit legal aid organization in your area. See the Resources page for more information.
The Texas law on evictions is set forth in the Texas Property Code (at Sections 24.001 – 24.011). The Texas Legislature revised the law in the 2025 Legislative Session and directed the Texas Supreme Court to adopt new eviction procedure rules to implement the statutory changes. The Texas Supreme Court adopted Texas Rules of Civil Procedure 510.1. – 510.24 effective January 1, 2026. These rules govern the eviction process. References in this discussion to “Rule” refers to that particular Texas Rule of Civil Procedure.
Notice to Tenant Prior to Filing in Court
A landlord must start this process by giving a notice to vacate or a notice to pay rent or vacate (also referred to as a demand for possession) to the tenant. You do not have to move out at this point.
The landlord’s notice to vacate or notice to pay rent or vacate must give the tenant at least three days’ time to vacate or pay unless the lease provides for a shorter or longer period. (The standard Texas Apartment Association lease and Texas Realtors lease both allow the landlord to give the tenant a one-day notice to pay rent or vacate.)
If the landlord is evicting based solely on nonpayment of rent and the tenant was not late or delinquent on the rent before the month in which the notice is given, the notice must be in the form of “pay rent or vacate.”
IMPORTANT: If the property is federally subsidized or is a Low Income Housing Tax Credit (LIHTC) property or you have a Section 8 housing voucher, the landlord is required by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act to give a thirty-day notice to vacate for nonpayment of rent and, arguably, also for other non-rent evictions.
See the sections below for more information about how to advocate for yourself if you are being evicted.
What should I do if I get an eviction notice (notice to vacate or notice to pay rent or vacate)?
If you get an eviction notice, it is important to take action. It is always a good idea to immediately talk to the landlord and see whether the matter can be resolved. You can take some small steps to stop or delay your eviction. Below are some useful tools that will help you understand your rights in the case of an eviction.
You do not have to move out just because you received a notice to vacate or notice to pay rent or vacate.
If a tenant does not move after a landlord gives the tenant a notice to vacate or notice to pay rent or vacate and the parties do not resolve the issues, the landlord must file an eviction case with the Justice of the Peace (J.P.) The landlord must prove at the court hearing that the tenant has either violated the lease or has not moved after the landlord lawfully did not renew the lease and that the landlord gave the tenant proper notice in the manner required under the law.
Before a tenant can legally be forced from their home: (1) a court must sign a judgment ruling that the landlord is legally entitled to recover possession; (2) the court must issue a writ of possession; and (3) the constable must post a written warning on the front door of the unit notifying the tenant that the writ has been issued and that the writ will be executed on or after a specific date and time stated in the warning, but not sooner than 24 hours after the warning is posted. The constable must supervise the actual removal of the tenant from the unit.
If the constable has not served the tenant with the writ of possession on or before the fifth business day after the date the writ is issued by the court, the law permits a landlord to have the writ of possession served on the tenant by any other law enforcement officer, including an off-duty officer with appropriate identification and who has received training as determined by the Texas Commission on Law Enforcement.
The eviction process
THE LANDLORD MUST GIVE YOU A NOTICE TO VACATE OR A NOTICE TO PAY RENT OR VACATE.
Under Texas law, a landlord is required to give you a written notice to vacate (or in nonpayment of rent cases, a notice to pay rent or vacate notice) before filing an eviction lawsuit.
The notice will demand that you vacate within three days unless your lease provides for a different notice period. If the basis for the eviction is nonpayment of rent, the notice may demand that you either pay rent or vacate. You do not have to leave yet.
Nonpayment of Rent Evictions. As of January 1, 2026, if the landlord is evicting based solely on nonpayment of rent and you were not late or delinquent on the rent before the month in which the notice is given, the notice must be in the form of “pay rent or vacate.” If you have previously been delinquent on the rent, the landlord may still give a pay or vacate notice but may also give a notice to vacate. This gives you the opportunity to cure the nonpayment by paying the rent within the cure period given in the notice.
IMPORTANT: If the property is federally subsidized or is a Low Income Housing Tax Credit (LIHTC) property or you have a Section 8 housing voucher, the landlord is required by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act to give a thirty-day notice to vacate for nonpayment of rent and, arguably, also for other non-rent evictions.
After you get the notice to vacate or notice to pay rent or vacate, consider whether the landlord is following the law:
Did you actually violate your lease as the landlord claims?
Did the landlord give you proper notice in the proper manner?
Is the landlord retaliating? – It is illegal for a landlord to evict you because you asked for repairs, called a housing inspector, a public utility, a civic or nonprofit agency, such as a legal aid organization, or tenant’s rights organization about a housing code violation or utility problem, or exercised some right under the lease, the Property Code, municipal ordinance, or federal or state law, or participated in a tenant organization (see Retaliation).
Is the landlord discriminating against you? – It is illegal for a landlord to discriminate against you based upon race, religion, disability, sex, national origin, color, or familial status (having children).
Did the landlord miscalculate your rent and late fees?
You can defend yourself in court. If the landlord is wrong or did not follow the law, the justice of the peace should deny the eviction.
See “What should I do at the eviction hearing?” for information about defenses you can use in court.
TALK TO YOUR LANDLORD AND MAKE AN AGREEMENT
You might be able to come to an agreement with your landlord and avoid going to court. It is important to always speak to the landlord any time you receive a lease violation notice or a notice to vacate. Try to talk to your landlord and see if you can get more time to fix the situation. You may want to ask the landlord to not file an eviction lawsuit in return for fixing the lease violation. For example, you may be able to stop the landlord from filing an eviction suit by paying rent that you owe, getting rid of pets not allowed under the lease, or cutting down loud noise.
It is best to put an agreement you reach in writing and have the landlord sign and date it. If the landlord will not do that, you should confirm any agreement with the landlord by email and retain a copy of the email. When communicating with a landlord, it is best to do so in a civil, non-confrontational manner.
RECEIVE EVICTION PAPERS (CALLED “CITATION AND PETITION”) FROM THE COURT
If you cannot come to an agreement and you do not move, your landlord will file an eviction suit in Justice Court. A constable will try (twice) to hand deliver the eviction suit papers to your home. If the constable or sheriff is unable to hand them to you or someone over 16 years of age at the premises, the justice court may order alternative service.
Alternative Service: The court may authorize the constable to deliver the papers by placing them through a door mail chute or slipping them under the front door or, if neither method is possible, the officer allowing the officer to securely attach the papers to the front door or main entry to the premises.
Only the constable or the sheriff can legally deliver the eviction suit papers from the court with one exception. If the constable or sheriff has not served the citation and petition within five business days after the eviction lawsuit is filed, the landlord may file a request with the court for issuance of an “alias citation” to be served by any other law enforcement officer, including an off-duty officer with appropriate identification, who has received appropriate training as determined by the Texas Commission on Law Enforcement.
You still do not have to move out yet.
Tip: If you are home when the constable knocks, you should accept the papers so that you know what is happening. You will have to go to court to defend yourself so you will want to know when and where you must go to court.
When the landlord files an eviction suit, it becomes a permanent court record and will likely become a part of your tenant history record. Having an eviction lawsuit filed against you can make it harder to rent in the future. Once an eviction lawsuit is filed, it is best to have to have the landlord dismiss it or have the court rule in your favor. If a judgment is signed in favor of the landlord and includes a rent judgment, many landlords will not lease to you unless you pay the judgment amount.
IMPORTANT: IMMEDIATE POSSESSION BOND. If any of the court papers you receive from the constable is called something like “Bond for Possession” “Immediate Possession Bond,”or “Notice of Filing Possession Bond,” you must show up for the trial to avoid the immediate issuance and execution of the writ of possession after the trial. Otherwise, the justice of the peace may sign a default judgment, and the court must issue a writ of possession immediately upon the landlord’s request. The writ of possession may be executed on or after the 7th day the constable served you with the Possession Bond.
If you show up and lose the case and wish to appeal, you must immediately file an appeal after the trial with the justice of the peace to avoid execution of the writ of possession. You must show up at trial to avoid the immediate issuance and execution of the writ of possession.
Because the rules on immediate possession bonds have changed effective January 1, 2026, it is strongly recommended that you contact an attorney to help you and talk with the court clerks to understand how their court interprets the rule on possession bonds.
DECIDE IF YOU WANT TO FIGHT THE EVICTION SUIT
You will need to decide if you want to fight the eviction suit. Even if you do not have a legal defense (see below), you can often reach an agreement if you go to court that could mean the court or the landlord dismisses your case. This may help preserve your rental history, but the suit is still part of the public records.
If you move before the court date, you should not only tell the landlord but still go to the hearing and tell the justice of the peace you have moved. When you have moved, the justice of the peace should not sign a judgment for possession in favor of the landlord, because the issue of possession is moot. But if the landlord claims you have not returned the keys, or that property remains in the unit, or that the landlord is uncertain you have vacated, the judge will find possession is not moot and sign a judgment for possession. You also want to make sure that the court does not give the landlord a judgment for more rent than you owe.
As stated above, if you move prior to the trial, you should tell the landlord immediately. In addition, it is essential that you return the keys and get a receipt for the keys from the landlord. This helps prove that you have given up possession. Also, it is to your benefit to take photos of the condition of the unit and to ask the landlord to do a walk-through inspection with you. These steps can help protect you from exaggerated or untrue damage claims.
If you choose to fight an eviction suit and lose, the court can hold you liable for the landlord’s court costs and the landlord’s attorney’s fees, if the landlord hired an attorney. You may be held liable for the landlord’s attorney’s fees only if the lease says the landlord can recover attorney’s fees or if the landlord gives you an 10-day notice to vacate by certified mail that specifically says you will be responsible for attorney’s fees if you do not vacate before the 11th day after receiving the notice. See Section 24.006, Texas Property Code.
If you want a jury trial, then you must file a written demand for trial by jury at least three days before the trial date. The demand must be accompanied by payment of the jury fee (currently $22.00) or a Statement of Inability to Afford Payment of Court Costs. Check with the court clerk to verify whether the jury fee amount has increased from $22.00.
GO TO THE EVICTION HEARING
The court papers you receive will set the date of the eviction trial, which must be held within 21 days of the date the landlord filed the eviction lawsuit. Read them carefully to determine whether the hearing is scheduled as a remote hearing by videoconference or teleconference rather than an in-person hearing.
At the hearing you will need to be prepared to present your side of the story to the Justice of the Peace (judge). Take your copy of the lease, any pictures, letters, documents, receipts, or witnesses to show the judge as evidence.
If the case is a straightforward nonpayment of rent case and you believe the landlord has incorrectly calculated what you owe, you should be prepared to show the judge what amount, if any, that you believe you owe. This will require that you organize your receipts showing your payments that you can show to the judge.
It is not a defense to an eviction that the landlord has failed to make repairs.
Note: The Rules of Evidence do not apply to eviction cases. The judge may consider letters and affidavits from witnesses but may give more weight to the testimony of witnesses who are present. You need to take any witnesses with you if you want the court to hear what they have to say and are concerned that the judge may disregard affidavits. You can request that the clerk issue a subpoena to force a particular witness to come to the hearing (the subpoena can be served by any person over 18, and not a party to the case). Constables charge fees to serve a subpoena. Check with the constable on the fee if you are asking the constable to deliver the subpoena. If you qualify and cannot afford to pay court fees, including subpoena fees, you may file a Statement of Inability to Pay Court Costs.
For more on what to do at the hearing and to learn about what kind of legal defenses you might have, see “What should I do at the eviction hearing?” below.
The judge or the jury will make a final decision after hearing the case, and the judge will sign a judgment. If the landlord wins, the law allows you five calendar days to appeal the decision or move out. If you win, the landlord also has five calendar days to appeal the decision.
What should I do at the eviction hearing?
Arrive at least 15 minutes early. The justice courts are busy and hear many cases. If you are not present when the judge calls your case, the judge will sign a default judgment in favor of the landlord.
Bring your lease, receipts, money order stubs, other payment records, letters, pictures, witnesses, and any other form of evidence you might need. You can pay for the constable to subpoena a witness if you need them to be there and they will not otherwise come. Although the Rules of Evidence do not apply in evictions, the judge might not accept a testimony in writing or an affidavit.
If you cannot afford to pay for the cost of service of the subpoena, you can file a Statement of Inability to Pay Court Costs with the Court. The judge will review it and determine whether you truly cannot afford to pay for the cost of the subpoena and service by the constable.
Organize your documents before the hearing, so that you can show them to the court without having to fumble through many documents. It is a good idea to outline your argument before going to the hearing.
Understand your legal defenses
Tenants may assert two different kinds of defenses: procedural or substantive. A procedural defense alleges that the suit was improperly brought before the court, and the landlord is not entitled to win. A substantive defense alleges that the landlord is not entitled to win because you have not done anything to violate the lease agreement or have some other legal defense. Below are the most common different kinds of defenses:
Defective notice to vacate or pay rent or vacate
The landlord must follow certain guidelines in giving a tenant a notice to vacate or pay rent or vacate the rental unit. If the landlord does not provide proper notice in the proper manner and the tenant does not actually receive the notice, the tenant can get the eviction suit dismissed.
Effective January 1, 2026, the landlord may deliver the notice to vacate or notice to pay rent or vacate by one of the following methods: (1) mail, including first class mail, registered mail, certified mail, or a delivery service; (2) delivery to the inside of the premises, in a conspicuous place; (3) hand delivery to any tenant of the premises who is 16 years of age or older; or (4) if the parties have agreed in writing, electronic communication, including email or other electronic means. Moreover, if the tenant actually receives the notice, it does not matter that the landlord did not deliver the notice to vacate in the proper manner.
Be aware: Even if the justice of the peace rules in your favor on a notice issue, this does not stop the landlord from correcting the notice or delivery of the notice and trying to evict you again. The defective notice defense can give you more time to either come to an agreement with your landlord, prepare your case against the landlord, or move out.
Even if the court or the landlord dismisses the case for defective notice, the eviction filing will still likely appear on your tenant history if that information has been picked up by an agency, such as Tenant Tracker, which reports tenant history to landlords. This can make it harder to find a landlord who will rent to you in the future. If a prospective landlord rejects your rental application because of a filed eviction that was dismissed, you should explain to the landlord that you prevailed in the case. Some landlords will deny an application only if the eviction resulted in a rent judgment against the tenant that remains unpaid.
If you do not have a written or oral lease and entered the property without permission of the owner or the person in actual possession, you are essentially a trespasser or squatter. In this case, the law allows the landlord to give you either an oral or written notice to vacate. The notice may demand that you vacate immediately or by a specified deadline.
Oral notice
Did the landlord give you a written notice to vacate or notice to pay rent or vacate your rental unit before filing the eviction suit? Except as described in the preceding paragraph, written notice to vacate or notice to pay rent or vacate is required. If the landlord did not give you a written notice to vacate or notice to pay rent or vacate, you can ask the court to rule in your favor or to dismiss the eviction suit.
If you only received the eviction lawsuit papers from the constable and court and no notice to vacate or notice to pay rent or vacate from the landlord, that is not sufficient. The landlord must first give you written notice to vacate or notice to pay rent or vacate before filing in court.
Eviction suit filed too soon
Did the landlord provide a written notice to vacate or notice to pay or vacate at least one day before filing the eviction suit? Check your lease. If it does not specify a notice period, or if the lease is oral, then the landlord must give you notice to vacate or notice to pay or vacate at least three days before filing the eviction suit. (Both the standard Texas Apartment Association lease and Texas Association of Realtors lease allow the landlord to give only a one day notice to vacate before filing an eviction suit.)
If the landlord filed the eviction suit before giving the proper notice to vacate or notice to pay and vacate and waiting until the end of the vacate period, the suit is improperly filed and the tenant is entitled to win.
Notice is Unclear or Does not Demand that You Vacate or Pay Rent or Vacate
No matter the reason for the eviction, the landlord has to clearly tell you to move out or pay rent or vacate in the notice. For example, a notice of a lease violation is not a notice to vacate or pay rent or vacate. A notice that does not include a demand that you vacate is not a notice to vacate, and the court should rule in your favor. If the notice states that the landlord is terminating the lease on a specified date but does not include a demand that the tenant vacate on or after that date, the notice is not a notice to vacate.
Lease non-renewals
Has your lease term expired, but you still live in the rental unit? If you remain in your rental unit after your lease term ends and the lease says it will continue on a month-to-month basis, the landlord must provide you 30 days’ notice of non-renewal unless the lease provides for a longer period of time. For example, some leases provide for a 60 day notice non-renewal or notice by the tenant of intent not to renew even after the lease has converted to a month-to-month lease.
(Once the lease has converted to a month-to-month lease, you must also provide 30 days’ notice if you want to move out, unless the lease requires 60 days’ notice). The landlord must also provide you a three-day notice to vacate, unless the lease allows for a shorter period, if you do not vacate after the 30-day notice.
Improper delivery
As described in the section titled “Defective notice to vacate or pay rent or vacate,” earlier, the landlord should deliver the notice in one of the methods described. If the landlord does not properly deliver the notice, but the tenant actually receives the notice, then it is not a defense that the landlord did not comply with the delivery requirements. Although the law allows the landlord to deliver the notice to a person who is 16 years of age or older, the person must be a tenant, not merely an occupant or visitor. Thus, if the landlord delivers the notice to vacate to a 16-year old child who is an occupant and the tenant does not actually receive the notice, the court should rule in favor of the tenant.
Premature notice to vacate or pay rent or vacate
Example: The landlord gives a notice to vacate for nonpayment of rent before the rent is due.
Failure to give tenant opportunity to correct (cure) nonpayment of rent
Effective January 1, 2026, Texas provides for a very limited right to cure nonpayment of rent.
If the basis for the eviction is solely nonpayment of rent and the tenant was not late in paying rent to the landlord before the month in which the notice is given, the landlord must give the tenant a notice to pay rent or vacate.
But if the tenant was late or delinquent in paying rent to the landlord before the month in which the notice is given, the landlord may give the tenant either a notice to vacate or a notice to pay rent or vacate.
The notice must give the tenant at least three days to pay or vacate unless the lease provides for a shorter or longer notice period. (Both the standard Texas Apartment Association lease and Texas Association of Realtors lease allow the landlord to give only a one day notice to vacate before filing an eviction suit.)
Texas law does not provide for the right to cure non-rent lease violations.
Waiver
If the landlord consistently accepts rent payments on the 5th day of the month that are due on the 1st, and without warning refuses to accept a payment on the 5th, the tenant can argue the landlord has waived the right to payments on the 1st. Although equity and fairness are on the side of the tenant, the court may uphold the eviction if the lease states that the landlord cannot waive its right to timely payment by accepting late payments.
As discussed earlier, Section 92.331 of the Texas Property Code prohibits landlords from retaliating against a tenant because the tenant exercised certain rights under the law. Section 92.355 of the Property Code says that retaliation by the landlord is a defense in an eviction lawsuit.
If the eviction is based in whole or in part on illegal discrimination, the tenant has a legal defense. For example, if a new landlord purchases the property and asks tenants who are Black or Hispanic to move for renovations and then leases only to Caucasian tenants, this is illegal discrimination.
Landlord caused tenant to default
Note: In a nonpayment of rent eviction case, it is not a defense to say that the nonpayment resulted from a hardship that was not your fault. For example, loss of a job, emergency car repairs, family funeral expenses, etc., do not count as defenses. Also, Texas does not allow tenants to withhold rent because of the landlord’s failure to repair. Thus, it is not a defense to an eviction that the landlord failed to make repairs.
If the landlord refuses to accept a timely offer of rent and files an eviction lawsuit for nonpayment of rent, the tenant should prevail. The landlord caused the default by refusing to accept a timely offer of rent.
CARES Act Thirty Day Notice to Vacate Defense
If the property is federally subsidized or is a Low Income Housing Tax Credit (LIHTC) property or you have a Section 8 housing voucher, or it has a Fannie Mae or Freddie Mac mortgage, the landlord is required by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act to give a thirty-day notice to vacate for nonpayment of rent and, arguably, also for other non-rent evictions.
Federal Housing Programs, Low Income Housing Tax Credit (LIHTC) Affordable Housing
If the property is federally subsidized or is a Low Income Housing Tax Credit (LIHTC) property or you have a Section 8 housing voucher, you should call your local legal aid organization because there are many more defenses available. For example, you may have a defense to nonpayment of rent if your federally subsidized landlord or public housing authority did not reduce your rent after you lost income and reported the loss to the landlord.
TexasLawHelp.org has more advice about what to do during a hearing and tips on virtual hearings. The most important thing is to show up and make your case.
If you lose your case, you may appeal or move out
If you lose at the hearing, you have five calendar days to appeal, unless the landlord has filed an immediate possession bond, in which case you must appeal immediately after the trial to avoid the issuance and execution of the writ of possession. See “Appealing an eviction” below for more information.
No motion for new trial may be filed.
Writ of Possession
If you do not appeal and remain in the unit, the landlord can ask the court for a writ of possession. The constable will then post a 24-hour notice on your front door stating the date and time the constable will return to execute the writ. If you do not move, the constable or sheriff will execute the writ of possession by accompanying the landlord to preserve the peace while the landlord removes you and your things.
Only the constable or the sheriff can legally deliver the writ of possession from the court with one exception. If the constable or sheriff has not served the writ within five business days after it is issued, the landlord may file a request with the court for issuance of a replacement writ to be served by any other law enforcement officer, including an off-duty officer with appropriate identification, who has received appropriate training as determined by the Texas Commission on Law Enforcement.
What are my options if the court rules against me and approves the eviction?
You have 3 options if the court rules against you:
Option #1 – Move out
If you choose not to appeal, you still have five calendar days from the date of the hearing to move before the landlord can obtain a writ of possession, unless the landlord filed an immediate possession bond and you do not immediately appeal after the judge signs the judgment.
Note: This Rule in the Texas Rules of Civil Procedure (See Tex. R. Civ. P. 510.9(c), (d)) is not clearly written. Subsection (c) allows for immediate issuance of the writ of possession. But subsection (d) clearly states that if the tenant has “perfected an appeal and paid rent into the registry, as required by these rules, a writ of possession must not issue.” If the landlord filed an immediate possession bond, it is best to consult with an attorney if at all possible.
If you choose to move out, do not leave any of your things in the rental unit. Make sure you clean the rental unit after you move out all of your belongings. Do a walk-through with the landlord and a witness. Take pictures or videotape to document the condition of the rental unit. Leave a forwarding address with the landlord (this just needs to be a place where you can receive mail; it can be a friend’s house). Return the key to the landlord. Ask for a receipt for the key. This is your proof that you have given up possession of the unit. Do not simply move out without notifying the landlord and returning the key because you will continue to incur liability for rent if the landlord believes you are still in the unit.
You can also try to negotiate for more time. If you do get some sort of agreement, be sure the agreement is in writing and signed by the landlord.
Tip: Be careful about giving the landlord any money in exchange for more time unless the landlord signs a note or statement saying that in exchange for the payment, the landlord is giving you more time to vacate and will not execute a writ of possession. Sometimes landlords take tenant money and evict the tenant anyway.
Option #2 – Appeal the Justice Court Judgment of Eviction.
If you want to appeal the eviction ruling from the judge, it would be best for you to speak to an attorney about the appeal. If your income is low, you may qualify for a legal aid attorney.
Unless an immediate possession bond has been filed by the landlord, you will have five calendar days to file an appeal (when you count the five days, count the weekends and holidays). If the justice court is closed for all or part of the last day on which to appeal, the time period extends to the court’s next business day.
The appeal process is discussed in the section titled “Appealing an Eviction.”
Option #3 – Do nothing, and the constable will remove you under a writ of possession.
This is the worst option. If you choose not to move out or appeal, the Landlord will request a Writ of Possession, which is a court order directing the constable or sheriff to give the landlord physical possession of the rental unit. The writ cannot be issued until at least five days after the judgment from the eviction hearing (counting weekends and holidays) unlessthe landlord has filed an immediate possession bond. The constable or sheriff must post a 24-hour written notice on your door stating when the constable/sheriff will come over and make you move out. You, any other persons who live with you, and all of your possessions, will be removed by the landlord under the supervision of the constable or sheriff. If it is raining, sleeting, or snowing you cannot be removed.
The landlord might still let you stay in the premises, even after the judge has ruled that the landlord may evict you, if you pay back rent and court costs before the five days are up. If your landlord agrees to let you stay, get a written statement that the landlord will not enforce the eviction judgment or execute a writ of possession; otherwise, the oral agreement will be hard to enforce.
Appealing an eviction
If you lose at the hearing and the landlord did not file an immediate possession bond, you have five calendar days to appeal. If the last day falls on a Saturday, Sunday, or state or federal holiday, the time extends to the next day that is not a Saturday, Sunday, or a state or federal holiday. In addition, the Rule extends the time to appeal to the court’s next business day if the last day for filing the appeals falls on a day during which the court is closed for all or part of the day. The Rule does not state what is meant by “closed for all or part of the day.” For the basics of appealing, check out this page from Texas Rio Grande Legal Aid.
You may appeal in one of the following three ways:
Filing a Statement of Inability to Afford Payment of Court Costs with the justice court; Linked here is the form from Texas Rio Grande Legal Aid that you can fill out yourself;
Paying a cash deposit in the amount set by the justice court into the justice court registry;
Filing a bond in the amount set by the justice court with the justice court. The bond must also be signed by a surety with the surety’s contact information, including an address, phone number, and email address, if any.
The Texas Legislature has mandated that the justice courts “make available” the Statement of Inability to Afford Payment of Court Costs. So, if you ask the court clerk for the Statement of Inability form, the clerk must give it to you.
A landlord may contest the Statement of Inability within five days after receiving notice that the tenant has filed a Statement of Inability.
If the justice court approves the Statement of Inability filed by the tenant, the tenant is not required to pay the county court filing fee or file a second Statement of Inability to Pay in the county court.
In Box 9 of the Statement of Inability Form you will be asked to check one of two boxes. If you cannot afford to furnish an appeal bond or pay a cash deposit and cannot afford to pay court costs, you should check the second box.
If you check the first box in Box 9 stating only that you cannot afford to pay court costs, then you must furnish an appeal bond or pay a cash deposit. In addition, you must then pay the county court filing fee within seven days after being notified to do so by the county clerk. If you do not pay the filing fee or file a second Statement of Inability to Afford Payment of Court Costs in the County Court within seven days, the appeal is not perfected, and the county clerk must return all papers to the justice court.
IMPORTANT: Effective January 1, 2026, if you file an appeal, you must also affirm, under penalty of perjury, your good faith belief that you have a meritorious defense and the appeal is not for the purpose of delay. As an example, if you agree that you owe rent but believe the justice court incorrectly calculated the rent, you may have a meritorious defense. The justice court will give you the form to sign.
The appeal is perfected when the bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs or an Appeal Bond is timely filed with the justice court.
IN ALL APPEALS PAYMENT OF RENT IS REQUIRED TO REMAIN IN POSSESSION OF THE UNIT DURING APPEAL.
At the time the tenant appeals, the justice court must provide the tenant with a written notice informing the tenant of the obligation to pay rent into the court registry during the appeal process.
If the tenant wishes to stay in possession of the unit during the appeal process, the tenant must pay rent into the court registry:
Initial Payment: The first payment must be paid into the justice court registry within five days of the date the appeal is filed as designated in the notice that the clerk must provide to the tenant at the time the tenant files the appeal. .
Future Payments: Additionally, during the appeal process, the tenant must pay the rent amount as it comes due on or before the beginning of each rental pay period as designated in the notice the clerk must provide to the tenant at the time the tenant files the appeal, into the justice court or county court registry.
Thus, if rent is due on the 1st day of the month, the tenant must pay the rent into the court registry no later than the 1st day of the month. Although most leases give the tenant a grace period to pay the rent, this Rule does not provide a grace period.
Because the tenant is paying the rent into the court during the appeal process, the tenant is not required to pay the landlord.
If a governmental agency is responsible for all or part of the rent, you must pay only that portion of the rent determined by the justice court to be paid during the appeal.
Either party may contest the portion of the rent that the tenant must pay by filing a contest within five days after the judgment is signed.
If a rent contest is filed, the court must hold a hearing within five days and determine the correct amount. The justice court decision is binding, but either party may file a motion with the county court to reconsider the amount of rent that must be paid into the court registry.
The rules do not give a deadline by which the tenant must pay the rent amount following a ruling on the rent contest. The court should state the payment date in its order.
FAILURE TO PAY RENT AS REQUIRED: LANDLORD MAY OBTAIN WRIT OF POSSESSION.
If you fail to pay the rent into the justice court or county court registry within the time limits under the rules, and the justice court provided the notice of the amount and payment deadlines, the landlord may request a writ of possession from the court in which the case is pending. If the court determines the tenant has failed to pay the designated amount, the court shall issue the writ of possession without a hearing. This means the constable will then serve you with a 24-written warning of the date and time you will be removed from the unit.
JUSTICE COURT FORWARDS THE FILE TO COUNTY COURT WHEN APPEAL PERFECTED
When an appeal has been perfected, the justice of the peace must forward the transcript, together with any money in the court registry, to the county court.
If the tenant perfects the appeal but does not pay the required rent and the justice court issues a writ of possession, the justice court must still forward the transcript to the county court for a trial de novo to resolve any remaining issues in the case, such as rent or attorney’s fees.
PROCEEDINGS IN COUNTY COURT
The county court must docket the case and immediately notify the parties of the docket number of the case. The county court is required to hold a trial within 21 days after the date the papers are delivered to the county court.
The court may send notices by certified mail. Thus, any certified mail should be claimed from the post office.
The trial is a trial de novo. This means it is a new trial in which the entire case is presented as if there had been no previous trial.
What happened in justice court does not matter. This is a completely new trial. You should be prepared to show how the landlord is wrong and why the eviction should be denied. You are also entitled to a jury trial in county court if you make a timely request in writing and pay the fee required. Follow the same advice we gave you in preparing for the J.P. court hearing (above).
The county court at law judge will hear the evidence and sign a new judgment that replaces the justice court judgment.
APPEALS TO THE COURT OF APPEALS
If you lose the appeal, you can appeal again. This is very complicated and really requires an attorney knowledgeable in landlord-tenant law and appellate law.
To remain in possession following a judgment by the county court evicting you, you must post a supersedeas bond in an amount set by the county court at law judge within 10 days of the date the judgment is signed as permitted under section 24.007 of the Texas Property Code. Otherwise, the landlord may obtain a writ of possession to have the constable remove you after 10 days.
The court must set the amount of the supersedeas bond taking into consideration the value of rents likely to accrue during the appeal, damages which may occur as a result of the stay during the appeal, and other damages or amounts as the court may deem appropriate.
A tenant who cannot afford to pay the supersedeas bond can ask the court to set the bond at the monthly rent amount. But the bond must be paid within ten days of the day the judgment is signed. This is quite complicated and will require the assistance of an attorney knowledgeable in landlord-tenant law.
IMPORTANT NOTE: Many county court judges apply the justice court rule and allow the landlord to execute the writ of possession five days after the judgment is signed. This is legally incorrect, but you must be prepared for this possibility and refer the judge to Section 24.007 of the Property Code.
If you do not post a supersedeas bond within 10 days and the landlord asks the constable to execute the writ of possession, the constable will first post a 24-hour warning on your front door.
If you do not move, the constable or sheriff will execute the writ of possession by accompanying the landlord to preserve the peace while the landlord removes you and your things.
Resources for obtaining advice or legal representation
If you are faced with an eviction you should try to get advice and assistance from an attorney.
You can also obtain many self-help materials at TexasLawHelp.Org
If your income is very low, you may qualify for free or low cost legal aid. The Legal Services Corporation funded “legal aid” programs in Texas are:
Legal Aid of Northwest Texas: 888-529-5277 — free legal aid for low income people in northern and western Texas
Lone Star Legal Aid: 800-733-8394 — free legal aid for low income people in southern and eastern Texas
Texas RioGrande Legal Aid: 956-996-8752 or 833-329-8752 (toll free) — free legal aid for low income people in southwest Texas
There are additional legal providers listed on the Resources page.
There are also tenant organizations in some Texas cities that may be able to support you during your eviction proceedings. See the Tenant organizing page for more information.
You might have extra legal protections because of COVID-19.
Check out this page from TexasLawHelp.org that may answer your questions about evictions protections passed during the COVID-19 pandemic.
An eviction might make it hard for you to rent in the future.
If the landlord files an eviction with the court, win or lose, other landlords may not want to rent to you in the future. Court records are public information, and a landlord might refuse to rent to you just because you have had an eviction filed against you. If you want to keep an eviction off your record, you should come to an agreement with your landlord or move out before they take it to court.
