Filing fees, sheriff costs, attorney fees, and lost rent, under Tex. Prop. Code § 91 & § 92 (Residential Tenancies)
Evicting a tenant in Texas involves more than just a court order. For landlords managing 1-20 units, understanding the specific costs, timelines, and legal framework is crucial to avoid expensive missteps. Texas’s approach to residential tenancies, primarily governed by Tex. Prop. Code § 91 & § 92, presents a distinct set of considerations.
Unlike some states with extensive tenant protections, Texas does not have statewide "just cause" eviction requirements. This means you generally don't need a specific reason beyond a lease violation (like non-payment) or the expiration of a lease to initiate eviction proceedings, provided proper notice is given. This distinction can streamline the process compared to jurisdictions with stricter tenant-friendly laws, but it also places a greater emphasis on meticulous adherence to notice periods and court procedures.
The key regulators in Texas are the local Justice Courts (often called JP courts) where eviction cases, known as forcible detainer suits, are filed. Appeals move to County Courts at Law. Understanding the specific rules of your local JP court is vital, as minor procedural variations can exist. While the Property Code provides the overarching framework, local court clerks and judges interpret and apply these statutes daily.
The practical bottom line for a small-to-medium landlord in Texas: expect direct legal costs to range from $500 to $2,500 per eviction, not including lost rent or property damage. This figure can escalate significantly with complications or appeals. The time commitment is also substantial. Even a straightforward non-payment eviction can easily take 30-60 days from initial notice to tenant removal, assuming no appeals. Contested cases or those involving appeals can stretch to several months.
A common landlord mistake is improper notice. For non-payment of rent, Texas requires a 3-day written notice to vacate before you can file an eviction suit. This notice must be delivered correctly—personally, by registered or certified mail with a return receipt requested, or by affixing it to the inside of the main entry door, among other methods. Don't assume a text message or verbal warning is sufficient. Do serve formal, written notice according to the Property Code. Serving an incorrect notice, or serving it improperly, will likely lead to your case being dismissed, forcing you to restart the entire process and incur additional court fees and lost rent.
Beyond direct legal fees, consider the less obvious costs. These include:
Texas has no statutory cap on security deposits. This provides landlords with flexibility but also requires clear lease language on deposit usage and return. Proper handling of security deposits can prevent counterclaims from tenants, which can add complexity and cost to an eviction.
As of recent legislative sessions, there's been ongoing discussion regarding tenant protections, particularly concerning the timing and content of eviction notices and access to legal aid for tenants. While no major sweeping changes to the core eviction process have been enacted that fundamentally alter the landlord's procedural burden, landlords should remain aware of potential future legislation that could impact notice periods or introduce new requirements for documentation. Staying informed through landlord associations or legal counsel is prudent.
In Texas, successful eviction hinges on strict adherence to procedure. Don't cut corners on notice requirements or court filings. Do consult the Property Code and, if unsure, seek legal advice. The upfront investment in proper process saves significant time and money in the long run.
| Cost Line | Uncontested | Contested |
|---|---|---|
| Notice prep & service | $75–$200 | $150–$350 |
| Court filing fee | $54–$125 (Tex. Prop. Code § 91 & § 92 (Residential Tenancies)) | |
| Process server | $75–$200 | |
| Attorney fees | $500–$3,500 | |
| Sheriff / constable lockout | $50–$175 | |
| Lost rent during process | $817–$1,168 (21–30 days @ $1,168/mo) | $1,752–$3,503 (45–90 days) |
| Cleaning, repairs, re-leasing | $800–$2,200 | $1,100–$5,200 |
| Total scenario | $1,221–$2,968 | $2,856–$10,803 |
Evicting a tenant in Texas involves specific procedures and potential costs. Landlords operating 1-20 units must understand the state's unique requirements to avoid delays and added expenses. The controlling statutes are Tex. Prop. Code § 91 & § 92 (Residential Tenancies). These sections govern most landlord-tenant interactions, including notices and eviction processes.
Texas does not have statewide "just-cause" eviction requirements. This means you generally don't need a specific reason beyond the lease terms to evict, provided proper notice is given. However, federal protections for certain subsidized housing tenants or those in specific programs might still apply, so always verify if your property falls under such a designation.
For non-payment of rent, a 3-day written notice to vacate is required. This notice must be delivered properly: in person, by mail, or by attaching it to the inside of the main entry door if permitted by the lease. The 3 days begin the day after the notice is delivered. Do not file for eviction before these 3 days are complete. A common mistake is filing on day 3; wait until day 4.
For no-cause evictions (e.g., end of lease term, no written lease), a 30-day notice to vacate is standard. Again, proper delivery is key. If the lease specifies a different notice period for termination, that period generally controls, provided it is not less than the statutory minimums.
Don't accept partial rent payments after issuing a notice to vacate for non-payment, unless you intend to restart the notice process. Accepting partial rent can invalidate your existing notice and force you to issue a new one, delaying the eviction by several days or weeks. If you receive a partial payment, either return it immediately or issue a new notice if you still intend to evict.
Once the notice period expires, you can file an eviction suit (forcible detainer) in the Justice Court (also known as JP Court) of the precinct where the property is located. Filing fees vary by county but expect to pay around $54 for the filing fee. This does not include service fees. Service fees for the constable or sheriff typically range from $75 to $100 per tenant, and possibly more if multiple attempts are required. Private process servers are also an option, often with similar or slightly higher fees.
A specific dollar figure example: in Travis County, the Justice Court filing fee is currently $54. The constable service fee for one tenant is $75. Total initial court costs before any hearings or appeals could be $129.
One concrete example of a common landlord mistake: A landlord in Harris County files an eviction suit on the 3rd day after delivering a 3-day notice to vacate for non-payment. The Justice Court clerk rejects the filing because the 3-day period had not fully expired. The landlord loses a day, has to re-file, and incurs an extra trip to the courthouse. This simple error can push back the court date and overall timeline.
Texas has no statutory security deposit cap. You can collect any amount you deem appropriate. However, the rules for returning or withholding a security deposit are strict. You must return the deposit or provide a written itemized list of deductions within 30 days after the tenant surrenders the premises. Failure to do so, without reasonable cause, can result in penalties of three times the amount wrongfully withheld, plus attorney's fees. This is a common area for landlord liability.
If you win your eviction case, the court will issue a Judgment for Possession. If the tenant does not move out, you must then request a Writ of Possession. This is the order that allows the constable or sheriff to physically remove the tenant and their belongings. The fee for a Writ of Possession is typically another $150 to $200, varying by county. The constable will usually post a 24-hour notice on the door before executing the writ, giving the tenant a final chance to leave.
Don't attempt to self-help evict. Changing locks, turning off utilities, or removing a tenant's property without a valid Writ of Possession is illegal in Texas. This can result in significant financial penalties (actual damages, a civil penalty of one month's rent plus $500, and attorney's fees) and can even lead to criminal charges. Always follow the judicial process to the letter.
While the Texas Property Code provides the framework, individual Justice Courts have some discretion in their local rules and interpretations. Some courts are stricter about notice wording, while others have specific forms they prefer. Always check the local Justice Court's website or contact their clerk for any specific local requirements before filing. For instance, some courts in larger counties like Dallas or Bexar might have online filing systems or specific procedures for scheduling hearings that differ from smaller, rural counties.
Jurisdiction is critical. Ensure you file in the correct precinct. Filing in the wrong precinct will lead to dismissal and wasted time and money.
As of recent legislative sessions, Texas lawmakers have generally focused on clarifying existing landlord-tenant statutes rather than implementing sweeping changes to the eviction process itself. Discussions have included minor adjustments to notice requirements or procedures for abandoned property. For instance, there have been efforts to standardize the language and delivery methods for eviction notices across the state, aiming to reduce procedural errors that can delay cases. While no major overhauls to the core eviction timeline or notice periods have passed, landlords should stay informed through legal counsel or landlord associations, as legislative efforts are ongoing and can impact specific aspects of the eviction process from one session to the next. Always verify the most current statutory language, especially regarding notice requirements, as these are often targets for minor but impactful amendments.
Every dollar spent on tenant screening saves roughly $15–$25 in eviction and turnover costs. A rigorous screening protocol, verified income, rent-to-income ratio, prior landlord references, and a documented rubric, is the single highest-ROI move a Texas landlord can make.
See our tenant screening guide for Texas for the 5-point protocol used by NextGen Properties.
About $1,800 uncontested, about $3,500 contested, on a typical $1,500-a-month rental. Court and service fees run $400 to $1,200 combined. Lost rent dominates the total. Faster execution (clean notice, correct precinct filing, sheriff or constable lockout under the new 3-day SB-38 window) is the single most consequential cost-control variable a Texas landlord has. Add turn costs and vacancy days between lockout and new tenant move-in for an all-in cost of $3,500 to $7,000 for most rentals.
Only if the lease specifically provides for attorney fees. Texas follows the American rule by default: each party pays their own attorney unless a contract or statute says otherwise. Most commercial-format Texas residential leases include an attorney fees clause (the Texas Association of Realtors residential lease, for example), but custom leases and oral month-to-month tenancies often do not. Read the lease before deciding to retain counsel; if no fees clause, hiring an attorney is an out-of-pocket cost regardless of outcome. Even with a fees clause, Texas courts have discretion to award only a portion of the fees actually billed.
Two ways. First, the joinder provision: a landlord can now bundle a claim for unpaid rent up to $20,000 with the eviction in one JP court filing, saving the cost of a separate small-claims case (roughly $200 to $400 in duplicate filing costs plus 60 days of separate-case calendar time). Second, the constable timer: constables now have 3 business days to execute the writ of possession, with the landlord able to engage other qualified law enforcement after. Less back-end delay means less lost rent. Both changes net to roughly $200 to $400 in savings on a typical contested case in 2026 versus 2024.
Sometimes. A cash-for-keys arrangement (the landlord pays the tenant a fixed sum to vacate by a date certain) can save money compared to a contested eviction if the tenant has any plausible defense. Typical Texas cash-for-keys offers run $500 to $1,500 plus return of the security deposit, contingent on a clean move-out by a specified date. Run the math both ways: $1,800 to $3,500 in litigation costs versus $500 to $1,500 in cash-for-keys often nets cheaper even when the landlord would have won at trial. Cash-for-keys also avoids the eviction filing on the tenant's record, which has its own social cost.
Not recoverable in the eviction judgment. Cleaning, paint, repairs, advertising, and screening for the next tenant come out of the operating margin regardless of who is at fault. Typical turn costs in Texas: $800 to $2,000 for a standard apartment, $1,500 to $4,000 for a single-family home. Vacancy between lockout and new tenant move-in averages 18 to 35 days in metro Texas markets. Adding turn costs and vacancy to the eviction-process numbers above puts the all-in cost of a Texas eviction at $3,500 to $7,000 for most rentals. Damages beyond ordinary wear and tear can be deducted from the security deposit (Tex. Prop. Code § 92.104), but the deposit rarely covers all of it.
Informational only, not legal advice. Consult a licensed Texas attorney. Source attribution in the Sources band below.
