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Texas eviction process and court fees

Texas evictions are filed in justice court. For cases filed on or after January 1, 2026, the Legislature's SB 38 rewrote parts of the process, and Texas Rule of Civil Procedure 510 controls the court steps.

Not legal advice. This page summarizes public statutes and court fee schedules as of the date shown. Rules and fees change; confirm with the court before you file, and talk to a local attorney about your situation.

Texas eviction at a glance

CourtJustice of the Peace (justice court) for the precinct where the property is located

Texas evictions are filed in justice court. For cases filed on or after January 1, 2026, the Legislature's SB 38 rewrote parts of the process, and Texas Rule of Civil Procedure 510 controls the court steps.

Step by step

  1. Written notice. Give a written notice to vacate (or, for a first rent delinquency, a notice to pay rent or vacate). The default period is 3 days unless the lease sets a different one. (Tex. Prop. Code ch. 24 (incl. §24.005))
  2. File the petition. File an eviction petition in the justice court precinct where the property is located. The filing fee is the same statewide; service fees are set by each county. (Texas OCA, Justice Court Civil Cases and Actions)
  3. Trial. The trial is set 10 to 21 days after the petition is filed. (Tex. R. Civ. P. 510.4)
  4. Appeal window. Either side may appeal within 5 days after the judgment. (Tex. R. Civ. P. 510.9)
  5. Writ of possession. If there is no appeal, the landlord may request a writ of possession, which cannot issue before the 6th day after judgment. The constable posts a warning at least 24 hours before executing it. (Tex. R. Civ. P. 510.8)

Statewide fees

Eviction filing fee (any county)$54
$21 state + $33 local consolidated civil fee, once per case
Source: Texas OCA fee schedule
Constable or sheriff service, per defendantNot verified
Set by each county's commissioners court (Local Gov't Code §118.131)
Writ of possessionNot verified
Set by each county

Filing is $54 everywhere in Texas. Service and writ fees vary by county; the counties we have verified are listed below.

Counties with verified local fees

Official resources

All Texas counties

Counties without verified local fees show the statewide rules above.

Frequently asked

Which court handles evictions in Texas?

Justice of the Peace (justice court) for the precinct where the property is located.

How much notice does a Texas landlord have to give?

Give a written notice to vacate (or, for a first rent delinquency, a notice to pay rent or vacate). The default period is 3 days unless the lease sets a different one.

How much does it cost to file an eviction in Texas?

Eviction filing fee (any county): $54. $21 state + $33 local consolidated civil fee, once per case. Filing is $54 everywhere in Texas. Service and writ fees vary by county; the counties we have verified are listed below.