Texas Eviction Laws: A Guide for San Antonio Landlords

Written By Lacy Hendricks, MPM®, RMP®
 

Understanding how to evict a tenant in Texas requires careful attention to statutory requirements. Whether you're learning how to evict a renter in Texas or how to evict someone in Texas, both landlords and tenants benefit from knowing the statutory structure governing these actions.

The eviction process in Texas begins with a notice to vacate. This document formally notifies the tenant of the landlord's intent to terminate possession. Many people ask "can you be evicted in Texas right now" or wonder how does eviction work in Texas—the answer depends on following proper procedures.

In Texas, the most frequent notice is the 3 day eviction notice for non-payment of rent. The notice to vacate for non payment of rent Texas and other situations call for different notice periods, including the 30 day notice to vacate Texas for certain lease terminations.

Landlords must adhere to specific statutory procedures to execute a valid eviction. This includes proper notice delivery and how to file an eviction in Texas when required. Understanding how to file an eviction notice in Texas and how do I file an eviction notice in Texas are common questions for property owners.

Tenants possess statutory rights and may contest evictions in court. Both parties should prepare to present their positions. How does the eviction process work in Texas involves multiple steps, from notice to court proceedings.

The court's ruling can result in a writ of possession, permitting landlords to recover their property. Knowing laws on kicking someone out of your house in Texas and recent changes, particularly SB38 effective January 1, 2026, remains necessary.

This guide details the eviction process in Texas for San Antonio residents.

Texas Eviction Laws: Foundational Elements

Texas eviction laws and legal eviction in Texas statutes establish protections for landlords and tenants. These laws define the rights and duties involved in eviction proceedings.

The Texas Property Code serves as the primary statutory authority. It specifies the procedure landlords must follow when evicting a tenant. Non-compliance with these statutes can cause legal setbacks. Understanding how many lease violations before eviction in Texas and other thresholds is part of this structure.

Landlords must first establish valid grounds for eviction. Common grounds include non-payment of rent, lease violations, or illegal activity. A written notice to vacate Texas or eviction notice Texas constitutes the first step.

Key elements of Texas eviction laws:

  • Notice to Vacate Texas: Required before any legal action

  • Filing a Lawsuit: Necessary if the tenant fails to vacate willingly

  • Court Hearing: Where both parties present their positions

  • Writ of Possession: Issued if the court rules for the landlord

Tenants may challenge the eviction at the court hearing. Knowing these statutory rules helps avoid legal complications and ensures proper procedure when learning how to evict a tenant in Texas.

Legal Grounds for Eviction in Texas

Evictions in Texas require legally valid reasons. Landlords cannot evict tenants based on personal preference or bias. Understanding how to evict a tenant in Texas without a lease or with one requires knowing the legal grounds.

Typical legal grounds for eviction in Texas:

  • Non-payment of rent: The most frequent reason

  • Lease violation: Including unauthorized pets or occupants

  • Illegal activities: Such as drug use or other criminal acts on the property

  • Lease expiration: When the lease term ends and the tenant remains

Each ground requires proper documentation by the landlord. Maintaining accurate records protects landlords from disputes. Whether you're determining how to evict someone in Texas without a lease or with a formal agreement, documentation is important.

The importance of adhering to these legal grounds cannot be overstated. Evicting a tenant without valid reason could result in counterclaims or legal liability.

For tenants, knowing these grounds helps protect their rights. They can mount a defense if the eviction notice lacks valid reasoning.

Notice to Vacate: Requirements and Forms

In Texas, beginning an eviction requires a notice to vacate. This informs the tenant they must leave the premises. Landlords often search for a notice to vacate form Texas or Texas eviction notice template.

A landlord must clearly state the eviction reason in the notice. Failure to do so can invalidate the process. The notice must be delivered according to Texas statutory requirements.

Key details to include:

  • Tenant's name and address

  • Notice date

  • Eviction reason

  • Vacate deadline

Texas statutes define specific forms for these notices. Using the correct notice to vacate form ensures compliance and protects against legal challenges.

Many resources provide templates:

  • Notice to vacate form Texas

  • Texas eviction notice form

  • Eviction notice Texas templates

Landlords must understand the distinction between notices for different situations. Each carries a different compliance timeframe.

Errors in the notice can delay eviction. Landlords should verify the form's accuracy before delivery.

3-Day Notice to Vacate for Non-Payment of Rent

The 3 day notice to vacate Texas frequently applies to unpaid rent. It gives tenants three days to pay overdue rent or leave the property. This 3 day eviction notice is strict and essential for prompt action.

The landlord must list exact unpaid amounts and due dates. The notice to vacate for non payment of rent Texas serves a specific purpose under state law.

Steps for issuing a 3-day notice:

  • Calculate exact overdue rent

  • Use a 3 day notice to vacate Texas pdf

  • Serve notice in person, by mail, or by posting

The notice prompts tenants to settle their obligations or face eviction process in Texas proceedings. It serves as a powerful statutory tool for rent issues.

SB38 Update: Effective January 1, 2026, landlords must use a Notice to Pay Rent or Vacate if the tenant has no prior late payment history. If the tenant was previously late or delinquent, landlords may choose either a Notice to Pay Rent or Vacate or a Notice to Vacate.

30-Day Notice to Vacate and Other Notice Periods

A 30 day notice to vacate Texas mainly applies to month-to-month leases. This covers situations where either party elects not to renew.

Landlords must know varying periods under Texas eviction laws. For breaches not involving rent, timelines may differ.

Common notice periods:

  • 3-day notice: For non-payment

  • 10-day notice: For other breaches

  • 30-day notice: End of lease or month-to-month arrangements

Knowing when to apply each notice remains important. It ensures the eviction process stays legally sound and effective.

Serving the Notice: How to Deliver an Eviction Notice Legally

Delivering an eviction notice correctly is essential for a valid process. Texas eviction notice delivery statutes specify approved methods. Ignoring these can stall or void eviction efforts.

SB38 establishes four primary delivery methods:

  • Mail: First-class, registered, certified, or normal delivery

  • Delivery Inside: Inside the premises in a conspicuous place

  • Hand Delivery: To a person inside who is 16 years or older

  • Electronic: Only if landlord and tenant have agreed in writing to accept electronic communication

Following these procedures ensures the tenant receives proper notice, preserving the landlord's legal position. Documenting the service method used is prudent.

Filing an Eviction Lawsuit in San Antonio

If a tenant fails to leave after the notice period, the next step is filing an eviction lawsuit. How to file an eviction in Texas involves submitting a "forcible entry and detainer" suit. Landlords in San Antonio must follow specific steps to initiate this action.

Venue Requirement (SB38): The eviction suit must be filed in the Justice of the Peace court where the property is located.

First, landlords gather the lease, eviction notices, proof of delivery, and any messages with the tenant. Proper documentation supports the landlord's position.

Steps to File an Eviction Lawsuit:

  • Complete the Petition: Fill out the appropriate form at the local Justice of the Peace Court

  • File with the Court: Submit the petition and pay required fees

  • Await Court Date: The court schedules a hearing to review the case

After filing, the court serves the tenant with a citation. This details the lawsuit and court date, giving the tenant a chance to respond. The entire process demands precision and statutory compliance.

SB38 Update: The citation must be served no later than five days after filing. If authorities fail to serve within five days, the landlord may use a qualified off-duty officer.

The Court Process: What to Expect at the Eviction Hearing

An eviction hearing provides both landlord and tenant a platform to present their positions. How does the eviction process work in Texas at the court level? It is a formal setting where the judge hears all parties. Preparation is necessary for a successful outcome.

SB38 establishes a new timeline: Trials must occur no earlier than 10 days but not after 21 days after the petition is filed. No trial may occur earlier than the fourth day after the tenant receives the petition.

During the hearing, landlords should show the lease, proof the notice was delivered, and any messages with the tenant. Tenants may present defenses or evidence contesting the eviction.

Key Aspects of the Eviction Hearing:

  • Opening Statements: Both parties may offer a brief overview of their positions

  • Presentation of Evidence: Documentation and witnesses can be presented to support each side

  • Judge's Decision: After reviewing, the judge announces a ruling that determines the case outcome

The atmosphere is formal but straightforward, as proceedings are usually quick and direct. Legal representation is optional but can provide a strategic advantage.

SB38 Update: The court cannot postpone the trial for more than seven days unless both parties agree in writing.

Summary Disposition: New Expedited Process

SB38 introduces a brand-new summary disposition process for cases without factual disputes. This allows judgment without a full trial when specific conditions are met.

Requirements:

  • Landlord must file with the petition a citation containing specific English and Spanish language on the first page (see Texas Property Code 24.0051(d))

  • Motion must set out all supporting facts and documents

  • If evidence shows no disputable facts (non-payment of rent that is past due and unpaid, or holdover where tenant has not vacated), the court can issue judgment without trial

Tenant Protections:

  • Tenant must file a response no later than the fourth day after service, setting out supporting facts showing disputed facts

  • Court may accept a late response if it shows disputed facts and no judgment has issued

  • If tenant's response shows disputed facts, the court sets a standard eviction trial between the 10th and 21st day after the petition was filed

After the Judgment: Writ of Possession and Removal

After the court grants an eviction, the next step involves the writ of possession. This legal document allows landlords to reclaim their property. The writ is typically issued a few days after the judgment.

SB38 establishes specific timing: The writ of possession must be issued at least six days after the judgment (unless the appeals process has started). Issuing the writ is a mandatory act that must be done automatically without subjective review or delay.

The constable or sheriff delivers the writ. This initiates the removal process. The tenant must vacate by the specified date.

Key Points About Writ of Possession:

  • Issued after a favorable court ruling

  • Enforced by local law enforcement

  • Specifies a final date for tenant departure

Enforcement Timeline:

  • Writ issued at least six days after judgment

  • Officer must serve writ within five days after issuance

  • Total timeline: 11 days maximum from judgment to execution

If the writ is not served within five days, the landlord may hire other law enforcement officers or trained off-duty officers. The landlord pays all costs of issuing and executing the writ. An officer may use reasonable force to execute the writ. The landlord is not liable for damages resulting from enforcement.

Understanding laws on kicking someone out of your house in Texas means knowing these procedures must be followed legally.

Special Situations: Eviction Without a Lease or Written Agreement

How to evict someone in Texas without a lease or how to evict a tenant in Texas without a lease presents unique challenges. In Texas, these situations often involve month-to-month tenancies. Understanding the statutory nuances is important for landlords.

Without a formal lease, landlords must still follow the statutory eviction process. A notice to vacate is required. Typically, a 30 day notice to vacate Texas suffices for month-to-month arrangements, depending on circumstances.

Key Considerations for Eviction Without a Lease:

  • Provide a proper notice to vacate

  • Abide by the required notice period

  • Maintain documentation of all communications

In these cases, clear communication is necessary. Landlords should document all interactions to prevent disputes. Legal counsel can help navigate these situations, ensuring compliance and reducing risk.

SB38 Update: Non-lawyer representatives may now represent parties in ALL eviction cases in Justice Courts (JP courts), not just nonpayment or holdover cases.

Tenant Rights and Defenses in Texas Evictions

Tenants in Texas have specific statutory rights during eviction. Knowing these rights is vital for a fair process. Tenants can utilize several defenses if they believe the eviction is unjustified.

Evictions must follow statutory procedures. Any deviation by landlords can be contested. For example, a tenant can challenge an eviction if the notice was improper or the notice period was too short.

Common Tenant Defenses:

  • Improper eviction notice delivery

  • Punishment by the landlord

  • Breach of warranty of safe living conditions

Tenants can assert these defenses during a court hearing. They must prepare evidence and documentation. Engaging a legal professional can strengthen their position.

SB38 Update: During appeals, tenants must pay rent into the court registry. The first payment is due within five days of filing the appeal, equal to one rental period. Failure to pay can result in immediate issuance of a writ of possession without a hearing. Tenants must affirm under oath that they have a good faith belief in a valid defense and that the appeal is not for delay.

Landlord Responsibilities and Legal Compliance

Landlords in Texas have clear statutory responsibilities during evictions. Following these legal requirements is important. Compliance ensures the eviction process is valid and enforceable.

Landlords must deliver notices correctly. Each notice should state a valid reason for eviction. The reasons can range from non-payment to lease violations. Proper documentation is key.

Essential Landlord Responsibilities:

  • Deliver accurate and complete eviction notices

  • Follow state and local eviction procedures

  • Maintain clear records of communications

  • Pay all costs associated with the writ of possession

Keeping detailed records is a must for landlords. This includes maintaining copies of all notices and tenant correspondence. Records provide key evidence if the case goes to court.

SB38 Update: Landlords must now include specific language in English and Spanish on the first page of citations for summary disposition cases. Additionally, landlords bear all costs of issuing and executing the writ of possession.

Landlords should also stay updated on eviction statutes. Texas eviction laws change every few years, affecting eviction procedures. Consulting with a legal expert can ensure landlords remain compliant. Statutory compliance minimizes risks and complications.

Eviction Process Timeline in Texas

Understanding the timeline for eviction process in San Antonio Texas helps both landlords and tenants prepare. The process begins with a notice to vacate. This initial step varies in duration depending on the eviction reason.

After the notice period, the landlord may file an eviction lawsuit. SB38 mandates the court set a hearing date between 10 and 21 days after filing. This part of the timeline allows both parties to prepare their positions.

Typical Eviction Process Steps:

  • Deliver notice to vacate

  • File an eviction lawsuit

  • Attend court hearing

  • Receive judgment and possible appeal

  • Issuance and execution of writ of possession

Once the court issues its decision, if the tenant must vacate, they have a short period to leave. If they fail to vacate, the landlord can request a writ of possession. This permits law enforcement to remove the tenant, which typically occurs soon after the writ's issuance. Each step follows strict timelines that ensure fairness and statutory compliance.

Impact of SB38: Major Eviction Reform Effective January 1, 2026

SB38 represents the largest eviction reform in recent Texas history. This 23-page bill fully revises the eviction process in Texas statewide, creating consistency and efficiency while maintaining protections for both parties.

Key Legislative Changes:

Venue and Court Procedures

  • Eviction suits must be filed in the JP court where the property is located

  • Only the legislature can modify or suspend eviction procedures (narrow emergency authority granted to Texas Supreme Court for "court proceedings affected by a disaster")

  • Local JP courts cannot require special petition content beyond state law, mandate mediation, or dismiss cases for improper filing if the filing complies with state law or can be amended

Notice Requirements

First-time late payers: This specific notice gives tenants the opportunity to cure their default by paying all overdue rent before the notice period expires. If the tenant pays the full amount due within the notice period, the landlord cannot proceed with filing the eviction lawsuit.

Key points for first-time late payers:

  • Mandatory notice type: Landlords must use "Notice to Pay Rent or Vacate" (not a simple "Notice to Vacate")

  • Opportunity to cure: Tenant can avoid eviction by paying all rent before the notice period ends

  • Notice period: The statutory period is 3 days, unless modified by the lease agreement

  • Content requirements: Notice must clearly state the amount owed and give the tenant the chance to pay and remain

This requirement ensures that tenants who have otherwise been compliant get a chance to remedy an isolated late payment before facing eviction proceedings.

  • Repeat late payers: Landlords can choose either a Notice to Pay Rent or Vacate or a Notice to Vacate

  • Federal law compliance: If federal law requires notice (e.g., CARES Act), the eviction process can proceed concurrently, but the writ cannot be executed until the federal notice period expires

  • Concurrent notices: When a tenant notice allows response opportunity, various notices run concurrently, not sequentially

  • Delivery methods: Mail (first-class, registered, certified), delivery inside the premises in a conspicuous place, hand delivery to someone 16 or older, or via e-mail (only with prior written agreement)

Summary Disposition

  • New expedited process for cases without factual disputes

  • Landlord must file petition with citation containing specific English and Spanish language on the first page

  • Motion must set out all supporting facts and documents

  • Court can issue judgment without trial if no disputable facts exist

  • Tenant must file response by the fourth day after service showing disputed facts, or court may accept late response if it shows disputed facts and no judgment has issued

  • If disputed facts exist, standard trial set between 10th and 21st day after petition filing

Trial Timeline

  • Trials must occur no earlier than 10 days but not after 21 days after petition filing

  • No trial earlier than the fourth day after tenant service

  • Court cannot postpone trial more than seven days unless both parties agree in writing

Appeals

  • Appeal deadline: Five days after JP judgment is signed

  • Appeal perfected only after filing bond, cash deposit, or a statement that they cannot pay

  • Tenant must affirm under oath they have good faith belief in strong defense and appeal is not for delay

  • Perjury penalty for false statements

  • JP court must send transcripts and papers to County Court between 6-10 days after appeal

  • County Court trial within 21 days after receiving transcripts

  • Tenant must pay rent into court registry during appeal (first payment due within five days of filing appeal, equal to one rental period)

  • Failure to pay rent into registry can result in immediate writ issuance without hearing

Writ of Possession

  • Must be issued at least six days after judgment (unless appeal filed)

  • Issuing writ is a procedural act that must be done automatically without subjective review or delay

  • Officer must serve writ within five days after issuance

  • Total timeline: 11 days maximum from judgment to execution

  • If five days pass without service, landlord may hire off-duty law enforcement who received training

  • Landlord pays all costs of issuing and executing writ

  • Officer may use reasonable force; landlord not liable for damages resulting from enforcement

Nonlawyer Representation

  • Justice Courts (JP Courts): Parties may represent themselves or use authorized agents (nonlawyers) in ALL eviction cases (expanded from previous limitation to nonpayment/holdover cases)

  • County or District Court appeals: Non-lawyer agents permitted only for nonpayment of rent appeals by owners of apartment buildings.

Understanding these comprehensive changes will help both landlords and tenants navigate the updated eviction process effectively.

Frequently Asked Questions About Eviction in Texas

Understanding how does eviction work in Texas can be daunting. Below are some common questions addressed for clarity.

  • Eviction notices are issued after a court order with a 3-14 day window to vacate. Reasons for submitting a notice to vacate include non-payment of rent and property damage. Notices to vacate can be delivered by hand, certified mail, or property posting, while eviction notices are served by law enforcement officers.Jan 14, 2025

  • The law requires 72 hours notice for eviction for breach of the lease, prior to the filing of an eviction lawsuit, unless the lease waives that right and provides for a different notice period such as 24 hours.

  • An eviction is a lawsuit filed by a landlord to remove tenants and their belongings from the landlord's property. In Texas, an eviction is also called a “forcible entry and detainer,” and a landlord cannot remove a tenant from the property without filing such a case.

  • In Texas, eviction court (Forcible Detainer) starts with a landlord filing a lawsuit in Justice of the Peace Court after giving a 3-day notice to vacate (unless the lease says otherwise). The court serves the tenant, setting a hearing 10-21 days out where both sides present their case, and if the landlord wins, the tenant has 5 days to appeal or move before a Writ of Possession allows a constable to remove them. 

  • In Texas, after an eviction court date (Unlawful Detainer hearing), if the judge rules for the landlord, you generally have 5 days to move out before the landlord can request a Writ of Possession (the order for law enforcement to remove you). If you don't move in those 5 days, the constable posts a notice, often giving just 24 hours for physical removal. You can also ask for a hardship stay for up to 30 extra days, but this requires a judge's approval. 

  • When you appeal an eviction in Texas, the process pauses while the case moves to a county court for a new trial, also known as a "trial de novo". You must file the appeal within five days of the judgment and meet financial requirements, such as posting an appeal bond or a cash deposit to cover one month's rent into the court's registry, and paying future rent as it becomes due to remain in the property. If you win, the original judgment is overturned; if you lose, the landlord can proceed with the eviction and may also recover court costs and attorney's fees. 

  • How long does it take to evict someone in Texas? From start to finish approximately four weeks • 3 days from notice to vacate to filing of suit • 8-10 days to serve the citation -The court date is set between 10-21 days. 5 days to appeal the suit following the hearing required by law.

  • Texas has new eviction laws, primarily Senate Bill 38 (SB 38), effective January 1, 2026, introducing a "one chance to pay" rule for nonpayment of rent, requiring landlords to offer a chance to cure the default for first-time or infrequent late payments, and Senate Bill 1333 (SB 1333) to speed up squatter removal. These laws streamline the process, limit local eviction rules, and aim to give property owners faster relief, especially from squatters. 

Key Points to Remember:

  • Notices must follow the correct legal procedure

  • Tenants can present defenses in court

  • Both parties have appeal rights

Learning these details helps in navigating the eviction process smoothly and legally. Keeping informed aids in preventing unnecessary disputes and ensures compliance with Texas eviction laws.

Resources and Forms for San Antonio Landlords and Tenants

Access to proper resources and forms is critical. In San Antonio, various tools help navigate the eviction process in Texas. Using these resources ensures compliance with legal standards.

For landlords, proper forms streamline the eviction process. Using correct notice to vacate form Texas and Texas eviction notice templates and court documents is necessary. The Texas Supreme Court provides forms online, including eviction notice Texas forms and court filing documents.

Tenants benefit from resources explaining their rights and helping prepare defenses. Local legal aid organizations and tenant unions provide guidance. Understanding the legal structure empowers tenants to make informed decisions about legal eviction in Texas matters.

Useful Resources and Forms:

  • Texas Supreme Court website for official forms

  • Local legal aid organizations for tenant support

  • San Antonio courts for procedural guidance

  • Texas Apartment Association for industry guidance

SB38 Update: The Texas Property Code now includes specific language requirements for citations in summary disposition cases. Landlords should consult Section 24.0051(d) for the exact English and Spanish text required.

Tips for Avoiding Eviction Disputes

Preventing eviction disputes benefits both parties. Open communication helps address issues early. This often resolves problems before they escalate into formal eviction process in Texas actions.

Create a clear lease agreements. Clear terms leave little room for confusion. Ensure all parties understand their rights and obligations, especially regarding how many lease violations before eviction in Texas can occur.

Maintenance and timely repairs prevent disputes. Landlords should promptly address tenant concerns regarding safety or safe living conidtions.

Key Tips to Avoid Disputes:

  • Maintain open communication channels

  • Provide regular property maintenance and repairs

  • Clearly outline lease terms and conditions

  • Address problems as soon as they arise

  • Document all notices and communications

  • Follow statutory procedures precisely

SB38 Update: The new law emphasizes statutory compliance. Landlords should pay particular attention to notice to vacate content, delivery methods, and timeline requirements to avoid resetting their eviction case.

Conclusion: Navigating the Eviction Process in San Antonio

Navigating the eviction process in San Antonio Texas requires careful attention to detail. Understanding local and state statutes is critical for both landlords and tenants. Compliance with these laws ensures a smoother process.

Landlords should stay informed about statutory changes, especially SB38. Keeping current protects against legal pitfalls. Consulting legal professionals is advisable for complex situations involving how to evict a renter in Texas or how to evict a tenant in Texas.

Tenants must know their rights. Being informed helps protect against unfair eviction practices. This knowledge can lead to more amicable dispute resolutions.

Effective communication remains key. Dialogue between parties can prevent bad communication and reduce the need for formal eviction process proceedings.

SB38 changes Texas eviction laws effective January 1, 2026. Both landlords and tenants should familiarize themselves with these comprehensive reforms to ensure statutory compliance and protect their respective rights. Whether you're learning how to file an eviction in Texas or defending against one, understanding these new procedures is necessary for legal eviction in Texas.

Do you need help with an eviction? Look no further. Contact us now.

Evicting a tenant is already stressful. In Texas, the rules keep changing. If you're a landlord, it’s important to understand the eviction process in San Antonio, especially with new laws in place as of 2025. This guide breaks down what’s changed, common mistakes, and how long the process now takes.

Table of Contents

  1. What Changed in 2025? (SB 38 and New State Rules)

  2. Landlord Mistakes That Slow Things Down

  3. What the Numbers Say: Bexar County Evictions

  4. What Tenants Might Be Using to Delay the Process

  5. Final Thoughts

  6. Eviction Process FAQ for San Antonio Landlords

This guide walks you through the latest legal steps, including changes in Texas law as of 2025.

What Changed in 2025? (SB 38 and New State Rules)

Texas lawmakers passed laws in 2023 and 2025 that now limit what cities like San Antonio can do when it comes to evictions.

  • Statewide Rules Override Local Ones:
    Cities no longer have the power to delay evictions or create their own rules around them. This includes emergency orders like the ones from the COVID period.

  • SB 38 (2025 Revised):
    This law was originally meant to speed up removing squatters. After revisions, it now includes:

    • A minimum 3-day notice period before any court filing

    • A requirement that landlords provide clear, written reasons for eviction

    • Added protections for renters who’ve been mistakenly targeted or misidentified

These changes affect how quickly evictions can move forward—and how carefully you need to document everything.

Landlord Mistakes That Slow Things Down

We’ve seen a lot of landlords get stuck because of small mistakes. Here are a few that cause delays:

  • Serving the notice at the wrong time

  • Taking your case to the wrong court precinct

  • Showing up without a signed lease or payment records

  • Moving forward with no legal reason to evict

What the Numbers Say: Bexar County Evictions (2023–2025)

Evictions in San Antonio have picked up fast.

  • Over 24,000 eviction cases were filed in 2023

  • About 60% ended with a court judgment against the tenant

  • Once pandemic-era protections ended, filings went up sharply

That means more cases are moving through the courts—sometimes faster, sometimes not—but there’s less room for paperwork errors.

What Tenants Might Be Using to Delay the Process

Tenants in San Antonio often get help from local support groups and government programs. That can lead to extra time before a lockout is approved. Some of the most common resources include:

If a tenant brings any of this up in court, expect some delays—but it doesn’t necessarily stop the process. As a property manager, we provide all tenants the Notice of Tenants Rights, which is required by the City of San Antonio, and we have several resources listed to prevent tenants from needing to go through the eviction process.

Final Thoughts

The eviction process in San Antonio isn’t just about filing paperwork. The process has become more regulated, especially with new laws in place. If your documents aren’t in order or you’re not sure where to file, it might be worth getting legal help or working with a licensed property manager who knows the system.

Eviction Process FAQ for San Antonio Landlords

  • As of 2025, Texas courts are required to schedule eviction hearings within 10 to 21 days of filing, thanks to SB 38. Including the 3-day notice period, the appeal window, and the writ process, most evictions now take about 3.5 to 5 weeks total. It could still take longer if the tenant appeals or files a legal response.

  • Yes, but you’ll need to show proof that a rental agreement exists. Text messages, payment records, or even witness statements can work. Without something in writing, the court may ask more questions.

  • You’re not required to accept it, and doing so can cause problems. If you take a payment after filing, the court may treat it as starting a new rental term. That could cancel your case or force you to refile.

  • Yes. Most precincts use the Texas eFile system, but make sure you choose the right precinct based on the property’s location. Some clerks may still request in-person follow-up or additional documentation.

  • It usually costs $100 to $150 to file the case. You’ll also pay around $75 to $100 for constable service. These fees vary a little depending on the court and how the notice is delivered.

  • This is the final step. After the 5-day appeal window passes, you can request a Writ of Possession. It allows the constable to post a 24-hour notice and then remove the tenant and their belongings from the property.

 

Originally published March 2, 2025

Evicting a tenant can be one of the most difficult challenges for real estate investors, property owners, and landlords. Whether you're dealing with unpaid rent or repeated lease violations, the eviction process in San Antonio Texas, is not only time-consuming but also packed with legal requirements that must be followed precisely. Missing even one step can cause delays or legal complications that could impact your investment.

Through our years of experience at Hendricks Property Management, we’ve seen it all—from smooth tenant transitions to messy legal battles. Let’s dive into the eviction process in San Antonio, Texas, explain why professional management can save you from common pitfalls, and how we avoid most evictions entirely through our tenant screening practices.

Understanding the Eviction Process in San Antonio Texas

In San Antonio, evictions must be conducted through the Justice of the Peace (JP) Court. Here’s a simplified breakdown of the key steps involved when rent is overdue or lease violations occur:

  1. Notice to Vacate – Texas law requires landlords to provide tenants with a written notice to vacate, giving them at least three days to leave the property voluntarily. This step is mandatory, even for repeated lease violations or unpaid rent.

  2. Filing an Eviction Lawsuit – If the tenant fails to vacate, the landlord must file a Forcible Detainer lawsuit in the correct precinct. This legal filing officially begins the eviction process in the court system.

  3. Serving the Tenant – The court then issues a citation, which is delivered to the tenant. The tenant must be given at least six days' notice before the court hearing. Failure to properly serve the tenant can cause delays.

  4. Eviction Hearing – Both parties attend the hearing, where the judge decides whether to grant the eviction based on the evidence presented. If you win the case, you’ll receive a judgment of possession.

  5. Appeal Period – The tenant has five days to appeal the judgment. During this time, they cannot be removed from the property.

  6. Writ of Possession – If no appeal is filed, you can request a Writ of Possession, which allows a constable to remove the tenant and their belongings from the property.

Common Mistakes to Avoid During the Eviction Process

Evictions often go wrong due to small but significant oversights. As professionals who have handled countless evictions, we’ve identified several common mistakes to avoid during the eviction process in San Antonio Texas:

  • Improper Notice – Failing to issue the correct notice or not giving the required three-day period is one of the most frequent mistakes we see. This can lead to the case being dismissed in court.

  • Filing in the Wrong Court – Landlords must file in the proper JP Court, which is determined by the property's location. Filing in the wrong court can lead to delays and additional costs.

  • Inadequate Documentation – Landlords often arrive in court without proper evidence of lease violations or unpaid rent. Without documentation, you risk losing the case.

  • Retaliatory or Discriminatory Evictions – Evicting a tenant for reporting code violations or exercising their legal rights can result in hefty penalties. Texas law protects tenants from retaliation.

By understanding and avoiding these mistakes, you can keep the eviction process efficient and effective. However, the complexity of Texas eviction law is why it’s best to work with professionals.

How Hendricks Property Management Prevents Evictions

At Hendricks Property Management, our approach is proactive. Our goal is to avoid evictions altogether by thoroughly screening tenants before they sign the lease.

We use an in-depth, holistic tenant screening process that includes background checks, employment verification, rental history reviews, and credit assessments all processed in house by a real person. We don’t use algorithms in our applications process. We ensure that only the most reliable and responsible tenants are placed in your property. This practice dramatically reduces the likelihood of late payments, lease violations, or any of the headaches that lead to evictions.

Even with the best tenant screening, situations do arise. That’s why we offer our Eviction Protection Program is an add-on for clients under our Full Service Management package. This program covers the legal costs and coordination of an eviction should it become necessary, giving you added peace of mind.

Does this sound terrifying? Hire Hendricks Property Management Today

If you're a real estate investor, secondary homeowner, or rental property owner, navigating the eviction process alone can be a costly mistake. Whether it’s ensuring compliance with Texas eviction law or avoiding evictions altogether with our proven tenant screening process, Hendricks Property Management has the expertise you need.

Ready to protect your property and eliminate the stress of managing tenants? Contact us today to learn more about our Full Service Management and Eviction Protection Program. Let us handle the complexities so you can focus on what matters most—growing your investment.

Frequently Asked Questions (FAQ)

  • From start to finish approximately four weeks. 3 days from notice to vacate to filing of suit. 8-10 days to serve the citation. The court date is set between 10-21 days. 5 days to appeal the suit following the hearing required by law.

  • The only legal way to remove a tenant from a rental unit in Texas is for a landlord to win an eviction lawsuit (forcible entry and detainer suit) in court. Even after winning the lawsuit, it is illegal for a landlord to take self-help measures to remove the tenant.

  • According to eviction laws in Texas, you must state the time the tenant has to vacate or rectify the issue at hand. Unless the lease states otherwise, it should be at least 3 days. However, if you have a federally-supported mortgage or participate in any federal programs, the notice goes all the way to 30 days.

  • Eviction (1 tenant): $146

    Additional Tenants: $100 each

    Writ of Possession: $255

    Abstract of Judgment: $5

Lacy Hendricks, MPM®, RMP®

Meet Lacy Hendricks, MPM®, RMP®. She joined Hendricks Property Management in 2014 to start her career in real estate and property management.  She became a licensed real estate agent in October 2014 and a licensed broker in 2023. Lacy serves as the President of the San Antonio of the National Association of Residential Property Management (NARPM) and on the Governmental Affairs committee at the San Antonio Board of REALTORS (SABOR). She has worked on governmental affairs committees for City of San Antonio, and holds a handful of designations through the REALTOR organization. In 2024, she was awarded the Property Management Specialist of the Year Award by SABOR. In 2023, she won National Volunteer of the Year Award for NARPM, and in 2017, won the Legislative Champion Award from (SABOR).

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