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.
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
Notice to pay or leave
3 days3 days' notice to vacate (or to pay or vacate for first-time late payers) unless the lease says otherwise (Tex. Prop. Code § 24.005)
- 2
File and get a judgment
10–21 days · typical 14No written answer usually required; hearing 10-21 days after filing
- 3
Judgment to lockout
7–14 daysWrit of possession no sooner than the 6th day after judgment; 24-hour warning before execution
- 4
If the tenant appeals
5-day window5 days to appeal; tenant must pay rent into the court registry to stay
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 ↗
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$54Harris 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
Serving the tenant
Harris County constables$85Harris County constable service of an eviction (forcible) citation $85 per defendant; expedited service adds $85
Sheriff or marshal lockout
Harris County$160Writ 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–$1,500Flat fees commonly charged when the tenant doesn't fight it. Not specific to this city; big-city rates run higher.
Lawyer, contested case
National estimate$2,000–$5,000+When the tenant contests the case. Not specific to this city.
Median gross rent
Census ACS 2024, 1-year$1,408/moHouston 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.
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
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)
Right to counsel for tenants: No state law
None statewide found in the sources we checked
Seasonal or weather limits: No state law
None statewide found in the sources we checked
Required mediation or pre-filing program: No state law
None statewide found in the sources we checked
Relocation payments (no-fault evictions): No city law
None found in the city and state sources we checked
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.
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.
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.
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).
Houston scores 89 out of 100
Same formula as the state score, with city and state protections counted together. The statewide Texas score is 89.
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 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.
- Notice periodofficial sourcestatutes.capitol.texas.gov ↗
- Court deadlinesofficial sourceguides.sll.texas.gov ↗
- Judgment to lockoutofficial sourcesll.texas.gov ↗
- Appealofficial sourcetarrantcountytx.gov ↗
- Filing feeofficial sourcejp.hctx.net ↗
- Service feeofficial sourceharriscountytx.gov ↗
- Service fee (backup)secondary sourcejp.hctx.net ↗
- Lockout feeofficial sourcejp.hctx.net ↗
- Lockout fee (backup)secondary sourceharriscountytx.gov ↗
- Right to cureofficial sourcestatutes.capitol.texas.gov ↗
- Rent controlofficial sourcelaw.justia.com ↗
- Median rentofficial sourcewww2.census.gov ↗
- Local ruleofficial sourcejp.hctx.net ↗
- Local ruleofficial sourcecapitol.texas.gov ↗
- Local ruleofficial sourcetxcourts.gov ↗
- Local ruleofficial sourcetxcourts.gov ↗
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