Harris County Eviction Process

If you are a landlord in Harris County and a tenant has stopped paying rent, violated the lease, or refused to leave after proper notice — you have legal remedies available under Texas law. This guide walks you through the Harris County eviction process step by step, including required notice periods, JP court procedures, filing fees, timelines, and what happens after you win.

Need to start an eviction now? Call Holmes Law, PLLC at (832) 509-0445 for a free consultation with a Houston eviction attorney.

Grounds for Eviction in Texas

Under Texas Property Code Section 24.002, a landlord can file for eviction — legally called a forcible detainer suit — when a tenant:

• Fails to pay rent — the most common reason for eviction in Harris County
• Violates the lease agreement — including unauthorized occupants, pets, property damage, or illegal activity on the premises
• Holds over after the lease ends — a tenant who stays after their lease has expired without a new agreement
• Refuses to vacate after proper notice — including month-to-month tenants given proper termination notice
• Is a tenant at sufferance — occupying the property after a foreclosure or other change in ownership

Texas does not allow “self-help” evictions. You cannot change the locks, remove the tenant’s belongings, shut off utilities, or physically remove a tenant yourself. Doing so exposes you to significant legal liability. You must follow the legal process.

Harris County Eviction Process: Step by Step

Step 1: Deliver a Written Notice to Vacate

Before you can file anything in court, you must give the tenant a written Notice to Vacate. Under Texas Property Code Section 24.005, the required notice period depends on your lease agreement:

• Non-payment of rent: The default notice period is 3 days, but your lease may specify a different period
• Lease violation: Typically 3 days unless the lease specifies otherwise
• Month-to-month tenancy: At least 1 month’s notice unless the lease says otherwise
• No written lease: At least 3 days notice

The Notice to Vacate must be in writing and must clearly state that the tenant must vacate the property. It can be delivered by:

• Hand delivery to the tenant or any person 16 years or older residing at the property
• Regular mail, certified mail, or registered mail
• Posting on the inside of the main entry door if no one is home and mail delivery is not available

Keep proof of delivery — a photo, a certified mail receipt, or a witness — because you will need to show the court that proper notice was given.

Step 2: File an Eviction Petition in JP Court

If the tenant has not vacated after the notice period expires, you can file a Petition for Eviction (forcible detainer suit) at the Harris County Justice of the Peace court in the precinct where the property is located. Harris County has 16 JP precincts — you must file in the correct one based on the property address.

Filing fee: Approximately $121 to $175 depending on the precinct and whether you are requesting a writ of possession at filing. Additional service fees apply.

When you file, you will need to provide:

• The property address
• The tenant’s name and contact information
• The grounds for eviction
• A copy of the lease agreement if one exists
• Proof that proper notice was given

Step 3: Serve the Tenant with Citation

After you file, the court will issue a citation and schedule a hearing date — typically within 10 to 21 days of filing. The Harris County Constable’s office will serve the citation on the tenant. The tenant has the right to appear at the hearing and contest the eviction.

Step 4: Attend the Eviction Hearing

At the JP court hearing, you will present your case. As the landlord, you need to show:

• You are the property owner or authorized agent
• A valid lease existed (or the grounds for tenancy at will)
• Proper notice to vacate was given
• The tenant has not vacated or corrected the violation

Bring all documentation — the lease, notice to vacate with proof of delivery, any demand letters, text messages, emails, photos of the property, and payment records. If the tenant disputes non-payment, bring rent ledgers and bank records.

If you win, the judge issues a judgment for possession. If the tenant does not appeal within 5 days, the court can issue a writ of possession.

Step 5: Obtain and Execute the Writ of Possession

A writ of possession authorizes the Harris County Constable or Sheriff to physically remove the tenant from the property. Once issued, the Constable will post a 24-hour warning notice on the property. After 24 hours, if the tenant has not vacated, the Constable will return to physically remove the tenant and their belongings.

Important: A writ of possession in Harris County expires after 30 days from issuance. If the Constable does not execute it within that period, you must request a new writ.

Step 6: Regain Possession of the Property

Once the tenant has vacated, you can change the locks and take possession. At this point you can:

• Inspect the property for damage
• Apply the security deposit toward unpaid rent or repairs per Texas Property Code requirements
• File a separate suit in small claims court for any remaining unpaid rent or damages exceeding the deposit

Harris County Eviction Timeline

Step	Timeline
Notice to Vacate period	3 days minimum (varies by lease)
File eviction petition in JP Court	Day 1 after notice period expires
Court hearing scheduled	10–21 days after filing
Tenant appeal period	5 days after judgment
Writ of Possession issued	After appeal period if no appeal filed
Constable posts 24-hour notice	After writ is issued
Physical removal if tenant refuses	24+ hours after notice posted

Total timeline from notice to physical removal is typically 3 to 5 weeks if the tenant does not appeal. If the tenant appeals to County Court, the process can extend to several months.

Common Eviction Mistakes Landlords Make in Texas

• Self-help eviction — changing locks, removing belongings, or cutting utilities without a court order is illegal in Texas and can result in the landlord being sued for wrongful eviction
• Improper or incomplete notice — a Notice to Vacate that is missing required information or not properly delivered can result in dismissal of your case
• Filing in the wrong JP precinct — Harris County has 16 precincts; filing in the wrong one means starting over
• Not having documentation at the hearing — many evictions are lost because the landlord cannot produce the lease, rent records, or proof of notice delivery
• Accepting partial rent after filing — accepting any payment from the tenant after filing can void your eviction case in some circumstances
• Missing the writ of possession deadline — the writ expires after 30 days; if not executed, you must start the process over

Harris County Eviction FAQ

How long does the eviction process take in Harris County?

From the initial Notice to Vacate through physical removal typically takes 3 to 5 weeks, assuming the tenant does not appeal. The minimum is about 3 days for the notice period, then 10 to 21 days for the court hearing to be scheduled, then 5 days for the appeal period, then the writ of possession execution. If the tenant appeals to County Court, the process can take several months.

How much does it cost to evict a tenant in Harris County?

Filing fees in Harris County JP courts range from approximately $121 to $175, plus Constable service fees of around $75 to $150. If the tenant appeals to County Court, additional filing fees and costs apply. Attorney fees vary depending on the complexity of the case — contact Holmes Law, PLLC for a fee quote based on your specific situation.

Can I evict a tenant without a lease in Harris County?

Yes. Texas law allows eviction of tenants without a written lease. In a month-to-month or at-will tenancy with no written lease, you must give at least one month’s written notice to vacate before filing for eviction. The eviction process in JP court is otherwise the same.

What is a writ of possession in Harris County?

A writ of possession is a court order that authorizes the Harris County Constable or Sheriff to remove a tenant who has not vacated after winning an eviction judgment. The Constable first posts a 24-hour warning on the property. If the tenant still has not left after 24 hours, the Constable returns and physically removes the tenant and their belongings. The writ expires 30 days after issuance.

Can a tenant stop an eviction in Harris County?

A tenant can contest the eviction at the JP court hearing or appeal a judgment to County Court within 5 days. To appeal, the tenant must post an appeal bond. If the tenant pays all back rent owed before the hearing in a non-payment case, the court may rule in the tenant’s favor. Tenants may also raise defenses such as improper notice, retaliation, or habitability issues.

What happens if a tenant damages the property after eviction?

Once the tenant has vacated, you can use the security deposit toward unpaid rent and damages. You must provide the tenant with a written itemized statement of deductions within 30 days of the tenant vacating under Texas Property Code Section 92.109. For damages exceeding the deposit, you can file a separate claim in small claims court.

Do I need a lawyer to evict a tenant in Harris County?

Texas law does not require landlords to have an attorney for JP court eviction proceedings. However, having an attorney handle the process significantly reduces the risk of procedural errors that can delay or defeat your case. A single missed step — improper notice, wrong precinct, missing documentation — can require you to start over. For landlords with multiple properties or complex situations, legal representation is strongly recommended.

Related reading: Houston Real Estate Lawyer | Texas Seller’s Disclosure Requirements | Adverse Possession in Texas | Are Verbal Contracts Binding in Texas?