Houston Eviction Court Steps 2026–27: What Happens in Harris County Justice of the Peace Court
In Houston and the rest of Harris County, evictions are heard in Justice of the Peace (JP) courts, and they move fast. Most hearings happen within 10 to 21 days after the landlord files. You get five days to appeal if you lose. Texas also overhauled its eviction law for cases filed on or after January 1, 2026, so information you read even a year ago may be out of date.
This guide walks through each step, from the notice on your door to the appeal, and explains where to get free legal help in Harris County.
Last checked October 2026. This is general information, not legal advice. Deadlines in eviction cases are short, so contact a lawyer right away.
What Changed in 2026
The Harris County Justice Courts say the 89th Texas Legislature passed major changes to Chapter 24 of the Texas Property Code (through SB 38). They apply to all eviction cases filed on or after January 1, 2026. The Texas Supreme Court also amended the justice court rules, including Rule 510, to match.
The courts note that their website is still being updated and that they can't give legal advice. For details on your case, talk to a legal aid lawyer.
Step 1: The Notice to Vacate
Before a landlord can file an eviction, Texas law requires a written notice:
A Notice to Pay Rent or Vacate is required for unpaid rent if you've never been late during the lease term.
A Notice to Vacate is required for all other evictions.
The deadline is usually three days unless the lease says otherwise, and many leases require only one day. The notice can be handed to you or anyone 16 or older in your home, mailed, or posted on the inside of your front door. It can be emailed if your lease allows that.
The date on the notice is not your move-out day. It's the earliest date the landlord can file a lawsuit. Only a court order, the Writ of Possession, lets a constable remove you.
Keep paying rent if you can, so the landlord doesn't have nonpayment as another reason to evict you.
Step 2: You're Served With the Lawsuit
If the landlord files, a constable will deliver court papers called a citation to you or to someone 16 or older on the property. After two failed attempts to serve you in person, the officer can leave the papers on your door or slip them under it.
Read the papers right away. They show the date, time, and location of your hearing. Eviction suits are filed in the JP court for the precinct where the rental property is located.
Watch for a "Motion for Summary Disposition." If your papers include one, your landlord is claiming you're a squatter and asking for eviction without a hearing. TexasLawHelp says you have only four days to file an Answer saying you're not a squatter. Otherwise, the landlord can get a Writ of Possession without a hearing.
Step 3: File an Answer and Prepare
File an Answer. You don't have to in JP court, but it's often a good idea. An Answer lists your defenses, helps protect you from a default judgment, and makes the landlord prove its case. If you appeal later, you'll need an Answer anyway. TexasLawHelp has a free Answer form.
Gather evidence. Bring your lease, rent receipts, bank records, texts or emails with your landlord, photos of repair problems, and any notices you received.
Decide whether you want a jury. You can ask for a jury by filing a request and paying $22, or filing a sworn statement that you can't afford it, before the trial date.
Try negotiating. Some landlords will agree to a payment plan or more time to move. Get any agreement in writing.
Step 4: Go to the Hearing
This is the most important step. If you don't show up, the judge will likely rule against you by default.
Arrive early and bring copies of your documents.
Tell the judge your side clearly and show your evidence.
If you live in subsidized housing, tell the judge, since different notice rules may apply.
Defenses to know about: A landlord can't evict you for discrimination, or in retaliation for asking for repairs or exercising your legal rights. Retaliation can be a defense for up to six months after such an event. It isn't a defense to an eviction for unpaid rent.
Step 5: If You Lose, You Have 5 Days to Appeal
If the JP rules for the landlord, you can appeal to County Court. The deadline is five days after the judge signs the judgment, and weekends and holidays count. If the court is closed on day five, you can file the next day it's open.
Three ways to appeal:
Appeal bond. A promise to pay the judgment if you lose, signed by you and one or more people the court accepts. It's usually set at one month's rent.
Cash deposit. Usually about one month's rent, as the judge sets.
Statement of Inability to Afford Payment of Court Costs (fee waiver). For people who can't afford a bond or deposit. You also don't pay the County Court filing fee. The landlord can contest it, and you'd have to prove at a hearing that you can't pay.
With every method, you file a Verified Notice of Eviction Appeal, stating that you have a good-faith belief you should win.
Rent into the court registry. To stay in your home during the appeal, you must pay one rental period's rent into the JP court registry within five days of filing your appeal, then keep paying on time each month. TexasLawHelp says the judgment sets the amount at fair market rent or $250, whichever is more, with an exception for subsidized tenants who normally pay less. If you miss a payment, the landlord can get a Writ of Possession without a hearing, though your appeal continues.
Other appeal deadlines:
Answer: within 8 days after the County Court receives your case, if you haven't filed one yet
County Court filing fee: within 20 days, if you appealed by bond or cash deposit
Trial: The County Court should hold a new trial within 21 days of getting your case
Step 6: The Writ of Possession
If you don't appeal, or you lose the appeal, the landlord can ask for a Writ of Possession. The constable must post a 24-hour notice on your door before removing you. After that, your belongings can be placed outside, and the landlord doesn't have to store them. Plan where your things will go before this point.
Free Legal Help in Harris County
Harris County Eviction Defense Program: Free legal advice and representation for Harris County residents with household income at or below 200% of the Federal Poverty Guidelines. Services include advice before a filing, representation in court and on appeal, and help negotiating or in mediation. Priority goes to people with reduced income, people on or eligible for unemployment, and people at risk of eviction because of a financial hardship.
Lone Star Legal Aid: Listed by the County as an eviction defense provider. Call 713-652-0077 or (800) 733-8394, or apply online.
Rental help: Call 2-1-1 about Harris County's Community Resilience Rental Assistance Program and other rent help.
Frequently Asked Questions
How long does an eviction take in Houston?
Most JP hearings happen 10 to 21 days after the landlord files. If you lose and don't appeal, the landlord can ask for a Writ of Possession after five days. Then you'd get a 24-hour notice.
Can my landlord change the locks or remove my things without going to court?
No. A landlord must file in Justice Court and get a Writ of Possession before a constable can remove you.
I missed my hearing. Is it too late?
Not always. You can still appeal within five days of the judgment. You may also be able to file a Motion to Set Aside Default Judgment within five days of when the court sends the judgment notice. Call legal aid immediately.
Do I need to pay rent while my appeal is pending?
Yes, into the court registry, if you want to stay in your home during the appeal.
Which JP court will hear my case?
The Justice Court for the precinct where your rental property is located. It's listed on your citation.
This guide is general information, not legal advice.
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