Houston eviction guide · checked Oct 18, 2026

How long does an eviction take in Houston?

For unpaid rent in Harris County, expect about 4 weeks from notice to lockout under Texas's deadlines, or 3 to 8.5 weeks if it's contested. Cases go to Harris County Justice of the Peace Courts (eviction); Harris County constables serve and enforce.

Not legal advice. Estimates from public sources, checked Oct 17, 2026. Laws vary by county and city; talk to a local attorney before you act.

Eviction cost calculator

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Where it goes in

    4 wkstypical, notice to lockout
    $54court filing fee
    $160marshal or sheriff lockout
    89/100city score (state: 89) Very landlord-friendly
    Step by step

    The Houston eviction timeline

    These deadlines come from Texas law, as on the Texas page; we found no separate city notice period for nonpayment. City rules and court backlogs are below.

    1. 1

      Notice to pay or leave

      3 days

      3 days' notice to vacate (or to pay or vacate for first-time late payers) unless the lease says otherwise (Tex. Prop. Code § 24.005)

      official source Source ↗
    2. 2

      File and get a judgment

      10–21 days · typical 14

      No written answer usually required; hearing 10-21 days after filing

      official source Source ↗
    3. 3

      Judgment to lockout

      7–14 days

      Writ of possession no sooner than the 6th day after judgment; 24-hour warning before execution

      official source Source ↗
    4. 4

      If the tenant appeals

      5-day window

      5 days to appeal; tenant must pay rent into the court registry to stay

      official source Source ↗

    Real-world court wait: we found no official or reputable statistic for this court, so the timeline is a rule-based estimate. unverified

    Can the tenant pay and stay? First-time late payers get a pay-or-vacate notice; repeat late payers can get a plain notice to vacate. official source Source ↗

    Costs

    What an eviction costs in Houston

    Local court and marshal fees, plus national lawyer estimates. The calculator above adds them to your lost rent.

    • Court filing fee

      Harris County Justice Courts
      $54

      Harris County Justice Courts: $33 local + $21 state consolidated civil fee for an eviction petition; the court's posted $139 total adds $85 constable service per defendant

      official source Source ↗
    • Serving the tenant

      Harris County constables
      $85

      Harris County constable service of an eviction (forcible) citation $85 per defendant; expedited service adds $85

    • Sheriff or marshal lockout

      Harris County
      $160

      Writ of possession $160: $5 court writ fee + $155 constable fee; constables add $75 per deputy-hour after two hours

    • Lawyer, uncontested case

      National estimate
      $500–$1,500

      Flat fees commonly charged when the tenant doesn't fight it. Not specific to this city; big-city rates run higher.

      estimate
    • Lawyer, contested case

      National estimate
      $2,000–$5,000+

      When the tenant contests the case. Not specific to this city.

      estimate
    • Median gross rent

      Census ACS 2024, 1-year
      $1,408/mo

      Houston median gross rent, ±$17; Houston-Pasadena-The Woodlands metro: $1,469 (±$15); Cook County $1,444 (±$15). The calculator starts here; change it to your rent.

      official source Source ↗
    Tenant protections

    City and state rules that change the answer

    Each rule is tagged with whether it comes from city or state law.

    • Just-cause eviction rules: No state law

      None statewide found in the sources we checked

      checked, none found
    • Rent control or stabilization: No city law

      Texas cities can't adopt rent control unless the governor approves it during a disaster-related housing emergency (Tex. Loc. Gov't Code § 214.902)

      official source Source ↗
    • Right to counsel for tenants: No state law

      None statewide found in the sources we checked

      checked, none found
    • Seasonal or weather limits: No state law

      None statewide found in the sources we checked

      checked, none found
    • Required mediation or pre-filing program: No state law

      None statewide found in the sources we checked

      checked, none found
    • Relocation payments (no-fault evictions): No city law

      None found in the city and state sources we checked

      checked, none found

    Local rules landlords often miss

    • File in the Justice of the Peace precinct where the rental property is located

      File in the Justice of the Peace precinct where the rental property is located; Harris County's fee schedule covers service by Harris County constables only.

      official source Source ↗
    • Since Jan 1, 2026 (SB 38), constables must try to serve the eviction citation within 3 business days and execute a writ of possession within 3 business days

      Since Jan 1, 2026 (SB 38), constables must try to serve the eviction citation within 3 business days and execute a writ of possession within 3 business days; if they don't, the landlord may use another qualified law-enforcement officer.

      official source Source ↗
    • Summary disposition (new Rule 510.10, effective Jan 1, 2026): with a sworn petition the landlord can ask for judgment without a trial

      Summary disposition (new Rule 510.10, effective Jan 1, 2026): with a sworn petition the landlord can ask for judgment without a trial; the tenant has 4 days after service to respond, and the judge holds a trial only if facts are genuinely disputed.

      official source Source ↗
    • The writ of possession can't issue before the 6th day after judgment and must issue within 60 days (90 for good cause)

      The writ of possession can't issue before the 6th day after judgment and must issue within 60 days (90 for good cause); it can't be executed after day 90 (Rule 510).

      official source Source ↗
    Landlord-friendliness

    Houston scores 89 out of 100

    Very landlord-friendly

    Same formula as the state score, with city and state protections counted together. The statewide Texas score is 89.

    Timeline
    41.7/50
    Right to cure
    17/20
    City + state protections
    30/30
    80–100 very landlord-friendly65–79 landlord-friendly50–64 mixedunder 50 tenant-protective

    How the score works

    Questions

    Houston eviction FAQ

    How long does an eviction take in Houston?

    For unpaid rent, about 4 weeks from notice to lockout, with a range of roughly 3 to 8.5 weeks, based on Texas's notice and court deadlines. We found no official statistic on actual court wait times here, so this is a rule-based estimate.

    How much does it cost to file an eviction in Houston?

    The court filing fee is $54 (Harris County Justice Courts). The sheriff or marshal lockout fee is $160 (Harris County). Serving the tenant costs $85. Lawyer fees are extra (national rough estimate $500-$1,500 uncontested).

    How much does it cost to evict a tenant in Houston?

    A typical uncontested nonpayment eviction in Houston costs a landlord roughly $2,100 to $3,100: about 4 weeks of lost rent at the median rent of $1,408/month (about $1,300), court and service fees of about $299-$299, and lawyer fees of about $500-$1,500 (a national estimate). A contested case running about 8.5 weeks can pass $5,100. These are EvictionMath estimates (Census ACS 2024 rent); they leave out rent owed before the notice, turnover and re-rent time.

    What tenant protections apply in Houston?

    We found no just-cause, rent-control or right-to-counsel rules.

    Can a tenant in Houston stop the eviction by paying?

    First-time late payers get a pay-or-vacate notice; repeat late payers can get a plain notice to vacate.

    What local rule do landlords in Houston often miss?

    File in the Justice of the Peace precinct where the rental property is located; Harris County's fee schedule covers service by Harris County constables only.

    Sources

    Sources and last-checked dates

    Not yet verified for Houston: court wait. Fields we couldn't source are labeled unverified, never guessed. Download the data: cities.json · cities.csv.

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