Austin Eviction Court Steps 2026–27: The Notice to Vacate, Your Travis County JP Hearing, the 4-Day Deadline and Free Help
If you rent in Austin and a notice to vacate just showed up on your door, you probably have more time than you think, but less than you'd like. Texas changed its eviction rules for cases filed on or after January 1, 2026. Most of the changes make cases move faster, and one of them can end your case without a trial if you miss a short deadline.
This guide walks through each step in Travis County, from the notice to the constable, and lists the free counseling and legal help available to Austin renters.
Last checked October 2026. Sources: the Texas Supreme Court's order amending the justice court eviction rules (Misc. Docket No. 25-9096), the Texas State Law Library's eviction FAQ, the Travis County Law Library's eviction appeal guides, Travis County's Justices of the Peace page, the City of Austin's Tenant Stabilization and Renter Rights page, and Texas RioGrande Legal Aid's Austin Tenants Council page. This is general information, not legal advice.
The Short Version
Notice to vacate: usually 3 days unless your lease gives more. You don't have to be out by that date, but the landlord can file once it passes.
Where the case goes: one of Travis County's five Justice of the Peace (JP) precincts.
Trial date: set 10 to 21 days after the landlord files, and no sooner than 4 days after you're served.
Answer: optional in most cases. Exception: if your papers include a motion for summary disposition, file a written response within 4 days of being served.
Appeal: within 5 days of the judgment, to County Court.
Free counseling: Austin Tenants Council, 512-474-1961.
Free legal help: Texas RioGrande Legal Aid, 888-988-9996, and Volunteer Legal Services of Central Texas, 512-476-5550 (option 2).
Step 1: The Notice to Vacate
A Texas landlord has to give you a written notice to vacate before filing an eviction. The Texas State Law Library says the notice must give at least 3 days to move out unless the lease says something different. Pull out your lease and look. Some leases give more time, and a notice that's shorter than the lease allows can be a defense.
In some nonpayment cases, the landlord must instead give a notice to pay rent or vacate, which gives you the option of paying. The law library says this applies if you paid the previous month's rent on time.
A notice is not a court order. Nobody can lock you out or move your things just because the deadline on the notice has passed. Only a judge's ruling followed by a writ of possession, carried out by a constable, can do that.
What to do right away
Call the Austin Tenants Council at 512-474-1961. It's a project of Texas RioGrande Legal Aid, and the City of Austin says it helps tenants understand the eviction process, including reviewing notices you've received, plus mediation and court preparation if needed.
Write down dates. When did you get the notice, how was it delivered, and what deadline does it give?
Talk to your landlord in writing. If you can catch up on rent or fix a lease problem, get any agreement on paper.
The city's page also notes that if you're facing eviction for something other than criminal activity, you "may have the right to fix any lease violation before termination takes effect." That language appears in the rights list for City-funded (RHDA) properties, so ask whether your building is one of them.
Step 2: The Landlord Files in JP Court
If you're still in the unit after the notice period, the landlord can file an eviction suit in justice court. Travis County has five JP precincts, and its Justices of the Peace page says these courts handle lawsuits over debts, evictions, car accidents, towing and property. The county posts a precinct map so you can see which court covers your address.
Under the 2026 rules:
The court sets the trial at least 10 days and no more than 21 days after the petition is filed.
The trial can't happen until at least 4 days after you're served with the citation.
The citation tells you the precinct, the date, the time and the address. Keep it somewhere you won't lose it.
Look for two words: summary disposition
The new rules let a landlord file a motion for summary disposition along with the petition. It asks the judge to decide the case without a trial, based on the papers. If you see that phrase anywhere in your court papers, the clock is short.
Step 3: Decide Whether to File an Answer
Most cases: an answer is optional
Under the new Rule 510.11, you may file a written answer but you aren't required to. You can file one any time on or before the trial date. A general denial is enough, and it doesn't stop you from raising any defense at trial. If you file one, send a copy to the landlord.
If there's a summary disposition motion: 4 days
When the landlord has filed a motion for summary disposition, the rules give you 4 days after you're served to file a written response explaining why you shouldn't be evicted. Attach what backs you up: rent receipts, bank records, texts, a repair request, a lease page.
If your response shows real facts in dispute, the judge must set the case for trial. If you file nothing, the judge can rule for the landlord without a trial.
Call Texas RioGrande Legal Aid (888-988-9996) or Volunteer Legal Services the same day you're served. Four days includes the day you're reading the papers.
Step 4: Go to Your Hearing
Show up, on time, at the precinct on your citation. The Texas State Law Library warns that if you don't appear, the landlord can get a default judgment. Under the rules, appearing by video or phone requires both sides to agree, so plan to go in person unless that's been arranged.
Bring:
Your lease and any addendums
Receipts, money order stubs and bank statements
Texts, emails and letters with your landlord or property manager
Photos of the unit if repairs are part of the dispute
Proof of any rent assistance application
Defenses people overlook
The Travis County Law Library points out that landlords sometimes lose on a technicality, for example by not giving a proper notice to vacate or by filing before the 3 days after notice were up. Its County Court guide also notes that a landlord, lawyer or even the judge may not show, and the case can get reset.
Texas RioGrande Legal Aid's Austin Tenants Council page explains that retaliation is a defense. Under Texas Property Code §§ 92.331–92.335, a landlord generally can't file an eviction to punish you for good-faith actions like asking for repairs, for six months afterward. There are exceptions: a landlord can still evict for unpaid rent or property damage.
If you missed the hearing
Under the 2026 rules, if you lost by default or by summary disposition, you can file a motion to set aside within 5 days after notice of the judgment is sent. If the judge doesn't rule on it, it's denied automatically. Get help quickly.
Step 5: Appealing to County Court
You have 5 days after the JP judgment to appeal. The Travis County Law Library is frank that appealing buys you more time in the unit but costs money and has strict deadlines.
There are three ways to appeal:
A Tenant's Surety Appeal Bond
A Tenant's Cash Deposit Bond
A Statement of Inability to Afford Payment of Court Costs or Appeal Bond, if you can't pay
The law library says the Statement of Inability can waive the court fees, but you still have to pay rent into the court registry. Its County Court guide lays out what that means in a nonpayment case where you want to stay:
Pay one month's rent to the JP court within 5 days of filing your appeal (not required if you used a Cash Deposit Bond).
If you appealed with a Statement of Inability and stay in the unit, pay each month's rent to the County Court within 5 days of its due date. The JP court sets the amount. If a government agency pays part of your rent, you pay only your portion.
If you used a surety or cash bond, the County Clerk sends a notice of the filing fee, which you must pay within 20 days.
Miss one of these and the landlord can ask for a writ of possession.
In County Court
The law library says neither side gets a trial date automatically. Either side can set it, and the trial can't happen until 8 days after County Court receives the file. You can file a Tenant's Request for Court Appointed Attorney, but the judge doesn't have to appoint one.
Note: the law library's appeal pages don't say whether they've been updated for the January 2026 rule changes. Check current deadlines with a lawyer before you rely on them.
Step 6: The Writ of Possession
If the landlord wins and you don't appeal, the landlord can ask for a writ of possession. Under the 2026 rules, it can't issue before the 6th day after the judgment, must issue within 60 days (90 for good cause), and can't be carried out after 90 days.
The Texas State Law Library says you'll get a 24-hour notice before the constable comes to remove you and your belongings.
Free Help for Austin Renters
Austin Tenants Council (TRLA)
Counseling, notice review, mediation help, court preparation and self-help forms. It doesn't give legal advice.
Phone: 512-474-1961
Hours (per TRLA): Monday–Thursday 9 a.m.–noon and 1–4 p.m.; Friday 9 a.m.–noon
Online intake in English and Spanish on TRLA's site
The Travis County Law Library lists shorter hours (weekdays 9 a.m.–noon). Call in the morning to be safe.
Texas RioGrande Legal Aid
The City of Austin says it partners with TRLA for emergency eviction counseling, representation and prevention services for low-income renters. Apply at 888-988-9996, Monday–Friday, 8 a.m.–5 p.m.
Volunteer Legal Services of Central Texas
Apply online at vlsoct.org. If you can't, call 512-476-5550, choose option 2 and leave a message. Per a Travis County JP Precinct 1 handout, a staff member calls back within 48 business hours. The law library says general law applications open Mondays at 9 a.m. and close Wednesdays at 5 p.m. or when full.
Other
Central Texas Lawyer Referral Service: free or low-cost consultations, 512-472-8303
Travis County Law Library: 1700 Guadalupe St., 2nd floor, 512-854-8677, with eviction appeal kits and forms
Repairs: call 311 or 512-974-CODE for a free city code inspection
Discrimination: Austin's Civil Rights Division, 512-974-3251
Quick Checklist
Notice on the door? Call the Austin Tenants Council and check your lease for the notice period.
Court papers? Find the precinct and date. Look for "summary disposition." If it's there, you have 4 days.
Apply for legal help: TRLA 888-988-9996 or VLS.
Go to the hearing with every document.
Lost? You have 5 days to appeal or move to set aside a default.
What we couldn't confirm: Travis County JP precinct addresses and filing fees weren't captured. TRLA and VLS income limits aren't posted on the pages we read. A Travis County JP rental-assistance handout lists a COVID-era program that appears to be closed, so we left it out; Travis County Family Support Services (512-267-3245) is listed there but we couldn't confirm current rent-help availability. We couldn't confirm whether Austin currently funds a right-to-counsel program by that name.
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