Prepare your documents for Eviction in Texas

This website helps prepare the forms required for Eviction in Texas.

An overview of Eviction at is here

Start

HOW IT WORKS

Take-Screening

1. Take Screening

Start with an online screening tool to help you determine which eviction-related legal option best fits your situation.

Prepare-Documents

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

questionAndAnswer

3. Consult Advocate (Optional)

You can consult a housing advocate to get guidance on eviction-related matters. If you’re facing eviction from a rental property, an advocate can help you understand your rights and options. They can review your case documents, speak with you directly about your situation, and assist with developing a plan to maintain housing stability.

Submit-to-Court

4. File with the Clerk

You can formally begin the eviction case by filing your forms with the clerk at the appropriate Justice of the Peace (JP) Court in Texas. You must file in the precinct and county where the rental property is located. Filing can typically be done in person at the courthouse, and many courts also offer online filing through an e-filing system. Be sure to check with your local JP court for specific filing procedures and accepted methods.

Process

Step 1

You: Take Online Screening

Begin your eviction process by taking the screening on LegalAtoms. Just enter your zip code in the top right corner of the homepage, then answer some simple questions about your rental situation and the tenant issue you are facing. This screening is designed to confirm whether filing an eviction case is appropriate for your situation and which specific forms and steps you will need. Based on your answers, LegalAtoms customizes the process to fit your county’s local rules and your case details. Before starting, gather all relevant documents to support your eviction claim.

Step 2

You: Gather Evidence and Issue the 3-Day Notice to Pay Rent or Quit

Start by collecting all important documents to support your eviction case, including:

  • The lease or rental agreement signed by both you and the tenant

  • A record of rent payments or missed payments

  • Any written communication or notices previously given to the tenant

Next, prepare the 3-Day Notice to Vacate, as required under Texas Property Code § 24.005. This notice informs the tenant that they must move out within 3 days unless the lease provides for a different period. You can use an online template or a legal platform like LegalAtoms to generate a compliant notice, or upload your own if you already have one.

Make sure to serve the notice properly—either by handing it directly to the tenant, leaving it with someone over 16 at the residence and mailing a copy, or by posting it on the inside of the main entry door if personal delivery isn't possible. Always keep a copy of the notice and proof of service, as this will be needed when you file the case with the Justice Court.

Step 3

You: Wait for the Notice Period to Expire

After serving the 3-Day Notice to Vacate, you must wait the full notice period before taking further action. In Texas, this is usually three calendar days, unless the lease specifies a different time frame. Weekends and holidays are included, unless the notice says otherwise.

If the tenant moves out or resolves the issue during this time, the eviction process stops. However, if the tenant fails to vacate, you are legally allowed to proceed by filing an eviction case (called a Forcible Entry and Detainer) in the appropriate Justice of the Peace Court.

Step 4

You: Create Your Eviction Case on LegalAtoms

Log in to your LegalAtoms account, or create a new one if you don’t already have an account. From your dashboard, click “Start New Case” and select “Eviction (Texas)” as the case type. The platform will guide you step by step through entering all required information, including:

  • The tenant’s full name and contact details

  • The rental property address and lease terms

  • Uploads of supporting documents, such as the lease agreement, 3-Day Notice to Vacate, and rent payment records

LegalAtoms helps ensure that your filing is complete and complies with Texas law before you submit it to the court.

Step 5

You: Serve the Citation and Petition

Once your eviction case (Forcible Entry and Detainer) is filed with the Justice of the Peace Court, the court will issue a Citation and a copy of your Petition to officially notify the tenant about the lawsuit.

Serving the Tenant:

In Texas, only a constable, sheriff, or authorized process server can serve the eviction documents—you cannot serve them yourself.

The officer will attempt to:

  • Personally deliver the documents to the tenant, or

  • Post them on the front door and mail a copy, if personal service fails (after a sworn statement and court approval)

Once the tenant is served, the return of service must be filed with the court—this is usually handled by the officer or process server. Proper service is crucial; without it, the court may dismiss your case or delay the hearing.

Step 6

Wait for Tenant’s Response

After the tenant has been served with the Citation and Petition, you must wait for the court-scheduled eviction hearing, which is typically held 6 to 10 days after the petition is filed, depending on the court’s calendar.

In Texas, tenants are not required to file a written response before the hearing. Instead, they may simply appear at the hearing to contest the eviction.

During this waiting period, monitor your LegalAtoms dashboard and any court notices for updates, including the scheduled hearing date. If the tenant does not appear at the hearing, and service was properly completed, the judge may issue a default judgment in your favor, allowing you to proceed to the next step: requesting a Writ of Possession.

Step 7

You, Request Default Judgment or Prepare for Hearing

If the tenant does not appear at the scheduled eviction hearing, the judge may issue a default judgment in your favor. LegalAtoms will guide you through the process of confirming service and requesting the default judgment, allowing the case to move forward without further delay.

However, if the tenant appears at the hearing, LegalAtoms will help you get ready by:

  • Explaining what documents and evidence to bring (such as the lease, 3-Day Notice to Vacate, payment records, and photos if applicable)

  • Offering tips on how to present your case clearly and confidently

  • Preparing you for what typically happens during the court hearing

At the hearing, both you and the tenant will have a chance to speak. The judge will review the evidence and decide whether to grant possession of the property and any unpaid rent or damages you’ve requested.

Step 8

You: Obtain Final Judgment and Request Writ of Possession

If the court rules in your favor at the hearing, the judge will issue a Final Judgment for Possession, legally granting you the right to take back the rental property.

Next, you can file a Request for Writ of Possession through LegalAtoms or directly with the Justice of the Peace Court. Once the writ is issued:

  • You must deliver the writ and pay the required fees to the Constable or Sheriff’s Office

  • The officer will post a 24-hour Notice to Vacate on the property

  • If the tenant does not vacate within 24 hours, the constable or sheriff will forcibly remove the tenant

After this step, you regain legal possession of the property and may begin cleaning, repairing, or preparing it for the next tenant.

FAQs

Court Forms Created This website guides you through all the topics required to complete your Eviction documents and file your case.

Core Forms

  • 3 Day Notice to Quit (Non-payment of rent)

  • Petition

  • Military Affidavit

Judgment

  • Default Judgment

Writ Of Possession

  • Writ of Possession