Evictions in Texas

Eviction lawsuits in Texas are brought by landlords to regain possession of the property and unpaid rent. Justice courts in Texas have original jurisdiction over eviction or forcible detainer lawsuits in Texas. The eviction process includes required notices, affidavits, and technical pleading requirements, so the use of an attorney is highly recommended.

Evictions are primarily governed by Chapter 24 of the Texas Property Code. Steps in the eviction process include:

  • Post a three day Notice to Vacate
  • File the eviction suit in Justice Court
  • Attend a hearing for the eviction
  • Receive a Writ of Possession/Judgment
  • Constable posts 24 Hour Notice
  • Constable removes occupant

While the above outlines the basic foreclosure process, the reality is that notice requirements, IRS liens, bankruptcies, military service of borrower, and other laws make foreclosure a very technical process. Whether you are in the position of borrower or lender, it is wise to use a real estate attorney to navigate the foreclosure process in Texas. Feel free to use the form on the right to request a free consultation or call our office during regular business hours.