Can I evict a tenant myself by changing the locks?

No — in Texas possession is recovered through the justice-court process. Lockouts and utility shutoffs outside the narrow statutory exceptions can create liability. Follow notice, filing and the writ process.

Where do I file an eviction in Texas?

In the justice court for the precinct where the property is located — Texas Property Code §24.004 and Rule 510.3(b) of the Texas Rules of Civil Procedure.

How long does a Texas eviction take?

Timelines vary by court and whether the tenant answers or appeals. The State Law Library notes the hearing is typically set between 10 and 21 days after the petition is filed, but do not promise a date — check your court's schedule.

Do I need a lawyer to file?

Many small landlords file in justice court themselves, and a lawyer is often worthwhile for contested, subsidized, commercial or repeat cases. This guide is general information, not legal advice.

How to Evict a Tenant in Texas

A step-by-step general guide to the Texas forcible-detainer process — from the written notice that must come first, to filing in justice court, to the writ of possession. This is an overview, not a substitute for the court's own instructions.

The steps, in order

Check the lease and the ground. Confirm the default (nonpayment, holdover, or another lease breach), the amounts, and any notice period your written lease sets. Several Texas defaults can be changed by the lease.
Give written notice to vacate. Texas Property Code §24.005 requires at least 3 days' written notice before filing, unless the parties contracted for a shorter or longer period in a written lease or agreement. In certain nonpayment cases a notice to pay rent or vacate is the required form. Deliver it by a permitted method and keep proof. See the Texas Notice to Vacate page.
Wait the full notice period. Do not file early, and do not use self-help — no lock changes or utility shutoffs in place of the court process.
File the eviction petition in justice court. Texas Property Code §24.004 gives a justice court in the precinct in which the real property is located jurisdiction over eviction suits. Rule 510.3(b), Texas Rules of Civil Procedure, says the petition must be filed in the precinct where the premises is located — filing elsewhere must be dismissed. The petition is sworn and must describe the premises, the grounds, when/how notice was delivered, and rent due, if any (Rule 510.3(a)).
Service and hearing. The court issues citation for service under Rule 510. The Texas State Law Library notes a hearing is typically set between 10 and 21 days after the petition is filed. Bring the lease, the notice, proof of delivery, and your rent ledger.
Judgment, appeal window, and writ of possession. If the landlord wins, judgment is for possession. A tenant has a short window to appeal to county court. A writ of possession — executed by a constable or sheriff — is the court order that actually restores possession. Do not enter or remove property on your own timeline.
Close out the tenancy in writing. Record the surrender / possession date, complete the move-out checklist, and send the security-deposit accounting within the §92.103 30-day period. See the deposit return page.

Sources verified for this pilot are listed in the project research notes: Texas Property Code §§24.004, 24.005, 92.103 and 92.019; Texas Rules of Civil Procedure Rule 510; and the Texas State Law Library eviction FAQ. Court fees, local forms and filing procedures vary by precinct — confirm them with the justice court where you file.

What not to do

Do not file before the notice period in your lease / §24.005 has fully run.
Do not file in the precinct or county you live in if the property is elsewhere.
Do not treat a judgment as permission to move the tenant's property yourself — wait for the writ process.
Do not let the deposit deadline pass while the case is pending; calendar §92.103 separately.

Frequently asked questions

Can I evict a tenant myself by changing the locks?: No — in Texas possession is recovered through the justice-court process. Lockouts and utility shutoffs outside the narrow statutory exceptions can create liability. Follow notice, filing and the writ process.
Where do I file an eviction in Texas?: In the justice court for the precinct where the property is located — Texas Property Code §24.004 and Rule 510.3(b) of the Texas Rules of Civil Procedure.
How long does a Texas eviction take?: Timelines vary by court and whether the tenant answers or appeals. The State Law Library notes the hearing is typically set between 10 and 21 days after the petition is filed, but do not promise a date — check your court's schedule.
Do I need a lawyer to file?: Many small landlords file in justice court themselves, and a lawyer is often worthwhile for contested, subsidized, commercial or repeat cases. This guide is general information, not legal advice.