Eviction Information

The information on this page is provided for general educational and informational purposes only and does not constitute legal advice. Any legal questions or legal interpretation should be based upon your own research of the matter, or the advice of an attorney if you are unsure of how you want to handle your case. 

Evictions in Texas follow a structured legal path starting with notice and ending with possible removal by law enforcement. Each step must comply with Chapter 24 of the Texas Property Code.  Below is a quick outline of the eviction process in Texas: 

Serve Notice to Pay or Vacate or Notice to Vacate

• This Notice is REQUIRED for all evictions. 
• For more information on which type of notice is required, see the Information Packet under Filing an Eviction Case, on the Texas Justice Courts Training Center's website or refer to the Texas Property Code above.

File an Eviction Suit

• A landlord may file an eviction suit after:
  • a proper notice has been given;
  • the time period in the notice has expired; and
  • the premises have not been vacated.
• When you are ready to file a petition, you must do so with the Justice of the Peace Court in the precinct where the property is located.
  • See the Gillespie County Justice Courts Precinct Map (PDF) to determine where to file
  • File an Eviction in Precinct 1
  • File an Eviction in Precinct 2
  • File an Eviction in Precinct 3
  • File an Eviction in Precinct 4
• Filing fee = $54.00 
• Service fee = $85.00 per person

Court Hearing

• Scheduled within 10–21 days of filing
• Both parties present evidence
• If the landlord wins, the court issues a judgment for possession

Writ of Possession

• If the tenant doesn’t leave within 5 days of judgment, the landlord can request a writ
• This authorizes the constable to remove the tenant and their belongings

Tenant Removal

• The constable posts a 24-hour notice before executing the writ
• Belongings may be placed outside or stored depending on local rules

Appeals 

• After the trial, either party may appeal the judgment. 
• The deadline to appeal an eviction is 5 days from the date of judgment, including weekends and holidays.  

For more detailed information about filing an eviction, or if an eviction has been filed against you, visit the Texas Justice Courts Training Center’s Self-Represented Litigants Page to access Self-Help Packets and other resources related to the eviction process in Texas.