TEXAS TENANT EVICTION PROCESS
A.) DAY 1st of Every Month:
>A Review of the Tenant's Rent Payment Collection & Lease Violation Status
B.) DAY 2nd of Every Month:
>A LATE RENT PAYMENT & LEASE VIOLATION Notice Is Sent to Tenant's email
(If Landlord receives no response, on Day 2nd of the month - Tenant waives the
Tenant Temporary Hardship: Payment Plan Option, that gives a Final extension, till the 10th of the month to pay the Past Due Rent, in Full)
Note: Tenant Temporary Hardship: Payment Plan Option, are only granted to responsive Tenants, whose Past Due Rent is significantly less than Tenant's Security Deposit that was paid already.
C.) DAY 3rd - 5th of Every Month:
>A 3 DAY NOTICE TO PAY or QUITE VACATE is Delivered to Tenant's Physical Address & email (Only 3 days, to Pay Full Rent & Correct Lease violation (or) Vacate By Texas Law)
2.) Our USPS Certified Mail, Proof Delivery, Type written Notice to the Property Address (3-DAY Notice to Pay or Quit VACATE)
(EVICTION LAWSUIT) & (ABSTRACT OF JUDGEMENT) CAN BE AVOIDED: >TENANT MUST MOVE OUT ON THEIR OWN & NOTIFY US (leave the property in decent condition shape)
>TENANT MUST SEND US PICTURES (All personal possessions removal & full vacancy of no longer in possession of the property)
D.) DAY 7th - 10th Of Every Month:
1st Lawsuit (EVICTION LAWSUIT) & (ABSTRACT OF JUDGEMENT) IS FILED- Harris County Justice Peace Court (Varies with District # & Place # depends where property is located)
LANDLORD FULL PROPERTY POSSESSION PROCESS
IF TENANT FAILS TO PAY (or) VACATE AFTER 3 CALENDER DAYS EVICTION LAWSUIT & ABSTRACT OF JUDGEMENT WILL BE FILED AGAINST TENANT BY THE LANDLORD TO LEGALLY REMOVE TENANT FROM PROPERTY
E.) DAY 11th Of Every Month:
2nd Lawsuit (SMALL CLAIMS COURT LAWSUIT) & (ABSTRACT OF JUDGEMENT) IS FILED -
Harris County Justice Peace Court (Varies with District # & Place # depends where property is located)
LANDLORD FULL COLLECTION OF UNPAID RENT /FEE PROCESS
IF TENANT FAILS TO PAY SMALL CLAIMS COURT LAWSUIT & ABSTRACT OF JUDGEMENT WILL BE FILED AGAINST TENANT BY THE LANDLORD TO LEGALLY COLLECT FROM TENANT
(SMALL CLAIMS COURT LAWSUIT) & (ABSTRACT OF JUDGEMENT) CAN BE AVOIDED:
>TENANT MUST PAY FULL PAST DUE RENT AMOUNT including any past due fees accumulated
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LANDLORD > 1st Lawsuit (EVICTION) & 2nd Lawsuit (SMALL CLAIMS COURT LAWSUIT) + Abstract (ABSTRACT OF JUDGEMENT PROCESS) :
LANDLORD DOCUMENTS PREPARED & GATHERED FIRST:
>Document Proof of WRITTEN 3 Day Notice to Pay or Quit (In Person & Certified USPS Mail Notices)
>Document Proof of DELIVERY 3 Day Notice to Pay or Quit Vacate (2 Pictures of In Person & Certified USPS Mail Delivery)
>Residential Lease Agreement SIGNED by Tenant
LANDLORD ACTION STEPS TO TAKE SECOND:
Step 1.) E-FILETEXAS.gov
Choose: EFILE TXCOURTS.gov https://efiletx.tylertech.cloud/OfsEfsp/ui/landing >E-File Petition for Eviction from Residential Premises form
Harris County Justice Peace Court (Varies with District # & Place # depends where property is located)
Step 2.) Find Your Harris County Justice Peace Court Precinct & Place Location (Varies with Precinct # & Place # depends where property is located) >Go to: http://www.jp.hctx.net/info/map.htm & Google Maps to find the Correct Precinct # (and) Place # Harris County Justice Peace Court info (Varies with Precinct # & Place # depends where property is located)
FOR EVICTION LAWSUIT FILING
Nonpayment of rent
Violation of lease terms
Holdover tenancy (tenant won’t leave after lease ends)
Serve a 3-day Notice to Vacate (unless lease requires longer)
Deliver in person, by mail, or by posting on the inside of the front door
Keep proof of delivery (photos, certified mail receipt, signed acknowledgment)
Wait 3 full days (or more if required by lease) before filing
Do not accept partial rent after the notice—this could void the eviction
File at the Justice of the Peace Precinct where the property is located
Bring:
Signed lease agreement
Rent ledger or proof of default
Copy of the Notice to Vacate and proof of delivery
Choose the correct party to sue (all adult occupants listed on lease)
Bring:
ID and all evidence (in triplicate)
Lease, notice, rent ledger, photos, texts, emails
Present your case calmly and factually
Expect judgment on the same day
Tenant has 5 calendar days to appeal or vacate
If tenant stays, file for a Writ of Possession
Constable will post a 24-hour notice, then remove tenant by force if necessary
Change locks only after writ execution
Document abandoned property (optional: store or discard as per lease)
File for judgment collection if tenant owes rent/damages
FOR SMALL CLAIMS COURT LAWSUIT FILING
Texas Small Claims Court Lawsuit Checklist Summary for Landlords (Houston - Harris County)
1. Gather Key Documents
· Signed lease agreement
· Rent ledger or payment history
· Move-out inspection photos/checklist
· Repair receipts or estimates for damages
· Communications with the tenant (emails, texts, letters)
· Notice to vacate or termination notice (if applicable)
· Security deposit itemization letter and mailing proof Include itemized charges, documentation, and a deadline (e.g., 10–14 days) before further action.
. Demand Letter If unpaid rent or damage exceeds the deposit, send a formal demand letter requesting payment.
2. Confirm Legal Eligibility
· The total amount you’re suing for is $20,000 or less
· The issue is civil (unpaid rent, damage, breach of lease)
· The case is filed within 4 years (Texas statute of limitations for debt)
3. File the Case
· Determine the correct US Justice of the Peace Precinct where the property is located
· Complete a Petition (JP Court Form) — available at the court or online
· E-File the petition or in person or by mail
4. Prepare for Court
· Organize all evidence in labeled folders or a binder
· Prepare a simple, clear explanation of your case (timeline helps)
· Bring copy of all evidence (for the judge)
· Practice answering questions calmly and factually
5. Attend the Hearing
· Dress professionally and arrive early
· Bring your ID and court receipt
· Be respectful, speak only when addressed by the judge
· Present evidence clearly and answer the judge’s questions
6. After the Judgment
· If you win the case:
o Get a copy of the judgment
o If the tenant does not pay voluntarily, you may:
§ File for a writ of garnishment (to seize bank funds)
§ File for a writ of execution (to seize non-exempt property)
§ Send the judgment to a collection agency
Texas law provides several mechanisms for landlords to protect themselves financially when tenants fail to pay rent:
Security Deposits: Landlords can deduct unpaid rent and damages beyond normal wear and tear from the tenant’s security deposit. They must provide an itemized list of deductions and return any remaining deposit within 30 days of the tenant moving out per Texas Property Code §92.104.
Eviction Lawsuit Filing to US Harris County Justice of Peace Court
Small Claims Court Lawsuit Filing to US Harris County Justice of Peace Court
Abstract of Judgement Filing to US Harris County Clerk's Office - Real Property Records Division
Report to Credit Bureaus & Optional Collection Agency
Step 3.) >Google Search: Constable info for physical address & phone #
Step 4.) >Start E-Filing Petition for Eviction at (http://www.jp.hctx.net/evictions/default.htm) Harris County Justice Peace Court (Varies with Precinct # & Place # depends where property is located) Be Able to provide the following Documents:
>Precinct Name, Precinct # & Place #
>Proof of Written Notice to Pay or Quit & Picture Proof of Delivery to Tenant Notice to Pay or Quit (RVE Realty Inv Supplied)
>Electronically Signed Residential Lease by Tenant (Landlord Supplied)
F.) DAY 10th - 20th Of Every Month:
>Court Schedule Hearing: Harris County Justice Peace Court (Varies with District # & Place # depends where property is located) schedules a Court Hearing, which takes place 7-14 Days after the Lawsuit is filed
>Check Status of E-File and In person Court Date Hearing at:
https://efiletx.tylertech.cloud/OfsEfsp/ui/landing
>Attend In-person Court Date Hearing
G.) DAY 20th - 25th Of Every Month:
>When Court Rules Landlord favor: Default of Judgement for Eviction will be issued - Court has ordered Tenant is given 5 Days to Vacate from the property If Tenant Still does not leave: Writ of Possesion will be requested by Landlord for Sheriff or constable to oversee the Forcible Tenant's removal and allow the Landlord to take property possession.
H.) DAY 25th - 30th Of Every Month:
1.) (ABSTRACT OF JUDGEMENT) must be is Filed with E-FILETEXAS.gov
Step 1.) E-FILETEXAS.gov (Same Process)
-Gather Default of Judgement Form must be Received from Judge where Harris County Justice Peace Court (Varies with District # & Place # depends where property is located) was given by Judge to Landlord.
-Gather & Fill out Request for Abstract of Judgement Form (Texas Abstract of Judgement Form-Civil Case (CJ-27) - Case number -Plantiff & Defendant names - Judgement amount - Court location -Judgement Date
2.) Judge of Harris County Justice Peace Court (Varies with District # & Place # depends where property is located) must Sign off on the Online Filing Abstract of Judgement
3.) Receive Call to Pick up in person the Abstract of Judgement Form
In person Property Address: Harris County Justice Peace Court (Varies with District # & Place # depends where property is located) (MLK Blvd) 5300 Griggs Rd (2nd Flr) Houston TX 77021 Phone # 713-274-0700
4.) Drop off & Pay for Filing in person the Abstract of Judgement Form
In person Property Address:
Harris County Civil Courthouse (Harris County Clerk) - PUBLIC RECORDS DEPT/REAL PROPERTY FILING DEPT (Houston, TX Downtown) 201 Caroline St (3rd Flr Room # 320) Houston TX 77002 Phone # 713-755-6411
Filing Get Recording Receipt & Get a Filed copy with recording stamp
I.) DAY 30th Of Every Month:
SEARCH FOR 1st PROOF: https://jpwebsite.harriscountytx.gov/FindMyCase/search.jsp (For Eviction Lawsuit, Small Claims Lawsuit, and Abstract of Judgement)
1.) Public Records Enter Case #
SEARCH FOR 2nd PROOF: https://www.cclerk.hctx.net/Applications/WebSearch/RP.aspx (For Abstract of Judgement Document)
1.) Login: Username & Password
2.) Enter Grantor Full Last name & Grantee Full Last name (Individual/Entity)
Residential Mgmt
Notary Public - State of Texas
Legal Commission # 132427300
RVE Realty Inv - Property Mgmt
Office: 903-326-9783
Email: rav@rverealty.com