Step-by-step 2026 guide for Houston rental owners: notice to vacate, JP court filing, hearing, writ of possession, and what not to do.
Updated November 2026 — By Pro Plus Realtors. An eviction in Texas is a court process, not something a landlord can handle with a padlock or a phone call. In Houston and the rest of Harris County, eviction cases are filed in the Justice of the Peace (JP) courts, and the rules come from Chapter 24 of the Texas Property Code and Rule 510 of the Texas Rules of Civil Procedure. This guide walks Houston rental owners through each step in plain English so you know what to expect, what can go wrong, and when it makes sense to hand the file to a professional.
Most Houston evictions are for nonpayment of rent, but a landlord can also seek possession for other material lease violations (unauthorized occupants, pets, property damage, illegal activity) or because a lease has ended and the tenant has not moved out (a "holdover"). Before anything else, read your lease. The lease controls many of the details that come later, including how notice is delivered and whether the notice period is shorter or longer than the default.
You also need to make sure the eviction is not retaliatory or discriminatory. Texas Property Code Section 92.331 generally prohibits retaliating against a tenant for good-faith repair requests or complaints to a government agency, and the federal Fair Housing Act applies to every eviction decision.
Under Texas Property Code Section 24.005, the landlord must give the tenant a written notice to vacate before filing an eviction suit. The default notice period is at least three days unless the written lease sets a different period. The statute also controls how the notice may be delivered (for example, in person to the tenant or a household member over 16, by mail, or by other methods the statute allows). Using the wrong delivery method is one of the most common reasons Houston landlords lose eviction cases on a technicality.
Keep a copy of the notice and a record of exactly how and when it was delivered. Judges in Harris County will ask.
If the property is covered by certain federal programs, including properties with federally backed mortgages covered by the CARES Act, a longer 30-day notice for nonpayment may apply. If you accept Housing Choice Vouchers (Section 8), you must also follow the HAP contract and tenancy addendum, and you should notify the housing authority. See our Houston Section 8 guide for landlords for how voucher leases work.
If the tenant has not moved out by the end of the notice period, you can file an eviction petition. In Harris County, the suit must be filed in the Justice of the Peace precinct where the property is located. The Harris County Justice Courts website lists the precincts, filing options, and current filing and service fees. Properties in Fort Bend or Montgomery County file in those counties' JP courts instead.
Under SB 38 the petition must be sworn. It must describe the property, the grounds for eviction, the notice that was given, and any rent you are asking the court to award. You may also need to file a sworn statement about the tenant's military status under the federal Servicemembers Civil Relief Act.
After filing, a constable or authorized process server serves the tenant with the citation. The court sets a trial date within the time window required by Rule 510. Both sides can bring documents and witnesses. Landlords should bring:
If the tenant does not appear, the landlord may obtain a default judgment. If the landlord does not appear, the case is usually dismissed.
If the judge rules for the landlord, either side generally has a short window (five days under the rules in effect for most of the last decade) to appeal to the county court. If there is no appeal, the landlord can request a writ of possession after the waiting period set by the rules. The constable then posts a notice and returns to restore possession to the landlord. Only a constable executing a writ can remove a tenant; a landlord cannot do it personally.
Texas law is strict about "self-help" evictions. Under Section 92.0081, a landlord may change locks for nonpayment only in narrow circumstances and must follow specific notice rules and provide a new key on request. Under Section 92.008, a landlord generally may not interrupt utilities that the landlord furnishes. Removing doors, taking a tenant's belongings, or cutting the power can expose the owner to penalties and attorney's fees.
Timelines vary by precinct and season, but an uncontested nonpayment case usually runs a few weeks from notice to writ. Appeals, bankruptcy filings, rental assistance applications, and service problems can stretch that considerably. Every week of delay is lost rent, which is why prevention matters more than the eviction itself.
Most evictions trace back to the start of the tenancy. Consistent screening criteria applied the same way to every applicant, a clear Texas-compliant lease, documented move-in condition, and prompt follow-up on late rent prevent the majority of cases we see. Our rental leasing and tenant screening process and rental inspection process are built around those steps.
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Texas Property Code Section 24.005 requires a written notice to vacate, generally at least three days unless the lease provides otherwise. Federal rules can require 30 days for some covered properties.
In the Harris County Justice of the Peace court for the precinct where the rental property is located. The Harris County Justice Courts website lists precincts and filing options.
Only under the narrow conditions in Texas Property Code Section 92.0081, with required notices and a new key provided on request. A lockout does not replace an eviction case.
Individual owners may represent themselves in JP court, and the 2026 version of Rule 510 (subdivision 510.3, formerly Rule 500.4) continues to allow representation by an authorized agent, such as a property manager, who need not be an attorney. Contested cases, appeals, or tenants in bankruptcy are usually worth an attorney.
Yes. A licensed Houston property manager can handle notices, filing coordination, court appearances where allowed, and the turnover afterward. Learn about our Houston property management services.
Related: Houston property management services · Houston Section 8 guide · Houston landlord hub