How to Serve Eviction Notices in Texas

By Abby Vaun
Serve a written notice before filing an eviction suit at JP court.
gavel image by Cora Reed from Fotolia.com

If a tenant has not paid rent or has violated another term of the lease, the landlord has the option to start eviction proceedings. Evicting a tenant in Texas is not a difficult process, but must be done properly. If an eviction suit is inevitable, the suit is filed in the precinct where the property is located.

Deliver, in person or by certified mail, a written notice to vacate the premises to the tenant. Unless otherwise specified in the lease, the law requires the tenant have three days after receiving the notice to vacate the premises.

File an original petition and pay the court costs for an eviction with the Justice of the Peace. The constable will then serve the tenant with a citation informing the tenant of your intent to evict. The tenant is required by law to have six days notice before the court date.

Present evidence supporting your case to evict the tenant at the hearing. If you win the case, the tenant has five days to file an appeal. If an appeal is granted, another court date will be set. If not, the tenant is required to leave by the end of the five days.

File and pay court fees for a Writ of Possession if the tenant has not vacated the property by the end of the five days. The constable will then post a 24-hour-to-vacate notice on the Writ.

About the Author

After accidentally stumbling into a journalism class at University of North Texas, Abby Vaun has been writing ever since. She honed her skills writing for "The Dallas Morning News" and as a copy editor for Earle Palmer Brown in New York City. From Dallas to New York to L.A., she has enjoyed freelancing for 10 years and expanding her knowledge through her profession.