1. An eviction must be filed in the Justice precinct where the rental property is located.
  2. Texas Property Code, Sec. 24.005 sets out the notice requirements for eviction suits. (Unless the notice requirements are stated in the signed lease.)
  3. The notice to vacate must be in writing and should be unconditional, i.e., it should tell the tenant to vacate by a specific date in no uncertain terms.
  4. Unless there is an agreement between the parties shortening the notice requirements, the landlord must wait three days after the notice to vacate is served before filing the eviction.
  5. When filing, the landlord should bring the following:
    1. A copy of the lease
    2. A copy of the notice to vacate
    3. $121.00 for filing and service on one person (additional service is $75.00 per person)
    4. All work and residence addresses and telephone numbers of the tenant(s) known by the landlord
  6. Generally, all parties named in the lease should be sued and served with a citation in the eviction proceeding. Any judgment granted will run only against those who are specifically named and served.
  7. The owner's agent may file any type of eviction suit and may represent the owner at any default judgment hearing. If the case is contested an agent may represent either party if the case involves non-payment of rent or holding over. The parties, agents, or their attorneys must try all other types of evictions if the case is contested.
  8. A suit for rent may be filed with the eviction suit if the amount due is within the jurisdiction of the justice court (<$10,000). Charges for items other than rent cannot be joined with suit for eviction.
  9. A court date will be set at the time the eviction is filed with the court. This date will appear on the Defendant’s citation. Both parties are expected to appear at that date/time. Any continuance request must be in writing, and filed 3 days prior to the hearing date. At any time prior to the trial, the Parties can agree in writing to a continuance and submit that request to the court.
  10. Under the Texas Rules of Civil Procedure, either party to the lawsuit has five days to appeal the courts decision. The filing of an appeal bond (2x amount of judgment) or paupers oath (inability affidavit to pay plus one month's rent) within those 5 days may perfect the appeal by that time completes the appeal.Under a pauper's oath, defendant must post one month’s rent within 5 days of the filing of the appeal. A properly filed appeal stops all further justice court proceedings until there is a resolution by the county court-at-law.
  11. If a landlord gets a judgment of possession and defendant does not appeal, the landlord may obtain a Writ of Possession from the court after the five (5) day period for appeal has passed. The writ fee of $165.00 is payable to JP court to involve the Constable's Office in removing the tenant and their personal property from the premises. Questions involving the execution of the writ of possession should be directed to the appropriate constable's office.
  12. An Immediate Possession Bond can speed the evictions process. Ask the civil clerk for details.
RayMartinez

Precinct 4 Justice of the Peace

4011 McKinney Falls Parkway, Suite 1200
Austin, Texas 78744 (Map)

Hours

Civil Division
Mon-Fri: 8 am - 5 pm
Criminal Division
Mon-Fri: 7:30 am - 5 pm

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JP4 reserves the right to adjust filing fees. Fees may be adjusted contingent on the accuracy of "Filing Codes" or "Optional Services" elected by the filer