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Filing an Eviction in Texas: A Landlord's Guide

Introduction

Filing is one of the most important steps in the eviction process. Understanding where to file is crucial in every eviction. This is a discussion of the various filing locations and procedures to help landlords navigate this aspect of property management, including how to file an eviction in Texas.

filing an eviction

Understanding the Eviction Filing Process

Definition and Purpose

Eviction is the only legal procedure for a landlord to remove a tenant from a rental property. This process is governed by state and local laws, making proper filing essential for a successful outcome. Specifically, the purpose of filing is to begin a legal action to remove a tenant and  regain possession of the property.

Legal Requirements for Filing

Landlords must follow specific legal requirements, including the submission of the correct forms, providing adequate notice to the tenant, and compliance with local laws. Knowing how to file an eviction in Texas ensures that the process is executed in accordance with the unique regulations that must be followed within the state.

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Filing in the Correct Jurisdiction

Determining the Appropriate Court

The appropriate court for filing an eviction depends on the location of the rental property. Filing in the wrong court will result in a dismissal of the case.

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Justice of the Peace Courts

Functions and Responsibilities

Justice of the Peace courts have exclusive jurisdiction over eviction cases in Texas. Justices of the Peace also reside over small claims court where they can decide related matters, such as recovery for property damage and other claims when the amount in dispute in $20,000.00 or less. They are designed to resolve disputes quickly and efficiently, thus making them suitable for eviction cases.

Filing Process in Justice Courts

The filing process in Justice of the Peace courts generally involves submitting an eviction petition, paying a filing fee, and scheduling a court date. These courts are well-equipped to handle standard eviction cases, providing a streamlined process for landlords to regain possession of their property. To learn more about the process, click here.

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Electronic Filing Options

Availability of Online Filing

Many jurisdictions now offer electronic filing options for eviction cases. Check your jurisdiction for local rules on filing. If e-filing is not an option in your jurisdiction, you will have to mail all documents and fees to the court or file in-person at the courthouse.

Benefits and Limitations of E-Filing

E-filing offers convenience and efficiency, enabling quicker processing and easier access to case information. However, it may have limitations, such as restrictions on the types of documents that can be filed electronically or technical issues that could potentially affect the process.

Required Documentation and Forms

Essential Documents for Filing

To initiate an eviction, landlords typically need to file a petition for eviction, along with other essential documents, such as the eviction notice, lease agreement, proof of service,  any related correspondence, and other evidence to be used at trial. Proper documentation is essential to proving the landlord's right to evict the tenant and to obtain a judgment for eviction. 

Fees and Costs Associated with Filing

Filing an eviction involves paying various fees, including court filing fees and constable service fees. A few eviction courts also collect fees for copying the documents filed. Filing fees apply statewide, but constable service fees can vary significantly from county to county. Only a few eviction courts charge for copying costs. 

Additional Costs and Considerations

If the landlord requires witness testimony is court, it may be necessary to obtain a subpoena from the Justice of the Peace Court if the witness is not cooperative. While the court may not charge a fee for issuing a subpoena, there will be a charge for the process server and the witness must be paid $10.00. 

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Common Mistakes and How to Avoid Them

Common mistakes often include filing in the wrong court, submitting incomplete documentation, and failing to adhere to procedural requirements. These errors can lead to delays, additional costs, and potential dismissal of the case. 

For landlords seeking guidance on how to file an eviction in Texas, our team of experienced eviction specialists is here to help. With a proven track record of handling hundreds of successful cases, we ensure that your eviction process is handled smoothly and correctly from start to finish. Let our experts guide you through the process and streamline your eviction filing for a swift resolution. 

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