San Antonio Eviction Court Steps 2026–27: The 3-Day Notice, Your Justice Court Hearing, the New 4-Day Deadline and Free Lawyers
Texas rewrote its eviction rules for cases filed on or after January 1, 2026. Most of the changes speed things up. One of them can cost you your case before you ever see a judge: if your landlord asks for a summary disposition, you have just 4 days after being served to file a written response.
If you rent in San Antonio or anywhere in Bexar County, here's the process from the notice on your door to the constable, what changed this year, and where to get free legal help, including the city's Right to Counsel program.
Last checked October 2026. Sources: the Texas Supreme Court's order amending the justice court eviction rules (Misc. Docket No. 25-9096, effective Jan. 1, 2026), the Texas State Law Library's eviction FAQ, and the City of San Antonio's Eviction Prevention and Legal Assistance pages. This is general information, not legal advice.
The Short Version
Notice to vacate: usually 3 days, unless your lease says otherwise. You don't have to leave by that date, but the landlord can then file.
Hearing: set 10 to 21 days after the landlord files in justice of the peace (JP) court.
Answer: not required in most cases. Exception: if the papers include a motion for summary disposition, file a written response within 4 days of being served.
Don't miss the hearing. If you don't show up, you can lose by default.
Appeal: within 5 days of the judgment.
Writ of possession: can't issue before the 6th day after judgment. Then you get a 24-hour notice before the constable removes you.
Free lawyer: City of San Antonio Right to Counsel, run with Texas RioGrande Legal Aid: 210-212-3703, righttocounsel@trla.org.
City eviction help line: 210-207-5910, or 311.
Step 1: The Notice to Vacate
Texas law requires a written notice to vacate before a landlord can file. The Texas State Law Library says landlords must give at least 3 days to move out unless the lease says otherwise. Check your lease. Some give more time.
For some nonpayment cases, the landlord has to give a notice to pay rent or vacate, which lets you pay instead of moving. The law library says this applies when you paid rent on time the month before the notice.
The City of San Antonio says the notice is usually delivered to you or someone living with you, and is often taped to your door if no one's home. You should also get a Notice of Tenants' Rights, which the city publishes in several languages.
You don't have to move by the notice date
The city is direct about this: you do not have to leave by the date on the notice. It's an attempt to get you to move. But if you stay, the landlord will probably file in court, and the city warns that a filed eviction can hurt your credit and rental history.
This is the best time to get help. Call the city at 210-207-5910 and start on rent assistance right away. If you can work out a written agreement to pay late, the city says to get it in writing.
Step 2: The Landlord Files in JP Court
If you're still there after the notice deadline, the landlord can file an eviction suit in justice of the peace court. In Bexar County, that's one of the county's JP precincts.
Under the 2026 rules, the court sets a trial date at least 10 days and no more than 21 days after the petition is filed. And no trial can happen until 4 days after you're served.
Note: the City of San Antonio's eviction page still says hearings are "generally 6–10 days" from delivery. That figure predates the 2026 rule change. Go by the date on your citation.
Read your papers carefully
Look for the words "motion for summary disposition." Under the new rules, a landlord can file one along with the eviction petition. It asks the judge to rule without a trial.
Step 3: Answer, or Respond Within 4 Days
The usual case: no answer required
Under the new Rule 510.11, you may file a written answer, but you're not required to. If you do, you can file it any time on or before the trial date on your citation. A simple answer that denies everything is enough, and it doesn't stop you from raising any defense at trial. Send a copy to your landlord.
The exception: summary disposition
If the landlord 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. You can attach documents like receipts, texts or a repair request.
If you respond and there are real facts in dispute, the judge must set a trial. If you don't respond, the judge can rule for the landlord with no trial. The court can consider a late response only if facts are genuinely disputed and judgment hasn't been entered yet.
Four days goes by fast. Call Right to Counsel the same day you're served.
Step 4: The Hearing
Go. The law library says not showing up can lead to a default judgment for the landlord.
At the hearing, both sides tell their story. The rules say a judge may allow a party to appear by video or phone only if both parties agree, so plan to be there in person unless you've arranged otherwise.
Bring:
Your lease
Receipts, money order stubs, bank records
Texts, emails and letters with your landlord
Photos if repairs or conditions are an issue
Any rent assistance paperwork
The city warns that if you're being evicted for unpaid rent, the judge will "most likely" order the eviction. It also says withholding rent isn't recommended. A lawyer can tell you whether you have a defense.
If you missed it
Under the new rules, if you lost by default or summary disposition, you can file a motion to set aside within 5 days after notice of the judgment is sent. The court can set the case for trial if you show good cause. If the judge doesn't rule, the motion is automatically denied, so act fast and get help.
Step 5: Appeal
You have 5 days after the judgment to appeal to county court. The law library calls appeals complicated, and the city says you'll likely need a lawyer.
Two things to know:
You can appeal by posting a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs if you can't pay.
In a residential nonpayment appeal, the justice court must give you a written notice of how much rent to pay into the court registry and how. If you appeal and pay as required, the rules say the writ of possession must not issue while the appeal goes on.
The city's page says an appeal requires a deposit of one month's rent. The Statement of Inability is the route if you can't afford that. Talk to Right to Counsel before you file.
Step 6: The Writ and the Constable
If the landlord wins and you don't appeal, the landlord can ask for a writ of possession. Under the rules:
It can't issue before the 6th day after the judgment (or the day after your appeal deadline, whichever is later).
It must issue within 60 days of the judgment (90 for good cause), and can't be carried out after 90 days.
The law library says you'll get a 24-hour notice to vacate. If you're still there, the constable removes you and your belongings.
Free Legal Help in San Antonio
Right to Counsel (City of San Antonio + TRLA)
The city partners with Texas RioGrande Legal Aid to give free lawyers to households with low incomes facing eviction. The city says to contact them immediately if you've received a notice to appear in court or have a judgment against you.
Call: 210-212-3703
Email: righttocounsel@trla.org, along with the city's Pre-Screen Intake Form
City eviction help
The Neighborhood & Housing Services Department takes calls at 210-207-5910. The city also links an Eviction Toolkit from TRLA and a one-page eviction steps guide.
Rent and Bill Help Listed by the City
The city's Eviction Prevention page lists these resources:
City of San Antonio: 210-207-7830
Bexar County Community Resources: 210-335-3666
Bexar County Housing Authority (rent and utilities): 210-225-0071
Christian Assistance Ministry (CAM): 210-223-4099
Salvation Army Social Services: 210-352-2020
St. Vincent de Paul (utilities, rent, medication): 210-225-7837
Catholic Charities Crisis Intervention (utilities only): 210-226-6171
SAWS Project Agua (water only): 210-207-7830
San Antonio AIDS Foundation (for people living with HIV): 210-225-4715
Quick Checklist
Got a notice? Call 210-207-5910 and start rent assistance now.
Got court papers? Look for "summary disposition." If it's there, you have 4 days.
Call Right to Counsel: 210-212-3703.
Go to your hearing with every document.
Lost? You have 5 days to appeal or move to set aside a default.
What we couldn't confirm: Bexar County JP precinct addresses and filing details weren't fetched. Right to Counsel income limits aren't listed on the city page. The city's hearing-timing language (6–10 days) conflicts with the 2026 rules (10–21 days); we used the rules. Appeal bond amounts and the rent registry deadlines are in the rules but depend on your judgment, so we haven't stated figures.
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