How Much Does It Cost To Evict Someone in Houston
Reviewed by Mark Lee
Evicting a Bad Tenant in the Houston Area isn’t just stressful; it’s expensive, time-consuming, and easy to get wrong. Between court filing fees, constable service, a Writ of Possession, attorney fees, lost rent, and property turnover costs, the “true” eviction cost is more than a single line item.
This guide walks Houston property owners through the real costs of an eviction suit under Texas law, the timeframe you should expect, and low-cost alternatives that can save you weeks of hassle and hundreds (or thousands) of dollars.
We’ll keep things practical, Houston-specific, and easy to follow.
The quick answer: your total cost has two parts
Direct, unavoidable legal costs (filing, service, Writ of Possession).
Indirect, often bigger costs (lost rent, property damage, cleaning fees, and turnover to your new tenant).
Typical direct costs in Harris County
Court filing & service for the eviction suit in Justice Court (County Court for appeals): varies by precinct and service method; expect a filing + service bundle at the JP level and plan for constable service fees for delivery of the lawsuit/citation. Harris County publishes constable fees specifically for eviction service (“Forcible (Eviction)”) at $85 per defendant for in-county service.
Writ of Possession (to complete the lock-out after you win):
Issuance (clerk) fee: ~$8 (statutory writ issuance).
Constable service to execute the writ: $155 in Harris County.
Notice to vacate delivery costs: certified mail (with return receipt) or hand-delivery/secure posting at the front door
Attorney fees: range from a flat fee “eviction only” to hourly for contested cases (varies by firm and case complexity).
Post-judgment execution/time on site with a law enforcement officer (constable) can add hourly deputy time if a job runs long.
Why the range? Fees can differ by precinct and situation (number of defendants, service attempts, out-of-county service, expedited service, etc.). Always check your specific JP court’s posted court filing fees and your precinct constable’s service fees before you file.
Step-by-step: the Houston eviction process + where the costs show up
1) Serve a proper eviction notice (the 3-Day Notice in most non-payment cases)
Under Texas Property Code §24.005, a landlord generally must give a written notice to vacate before filing an eviction suit at least 3 days for nonpayment of rent or holdover, unless your written lease changes that timeline. Delivery can be by hand, by mail (regular, registered, or certified mail, return receipt), or if certain conditions exist securely affixed on the outside of the front door in a sealed envelope with follow-up same-day mailing.
Cost:
DIY notice: low cost (your time, printing, postage).
Certified mail (keep the green card/USPS proof): a small but important expense.
Using a process server or property manager to post/photograph delivery adds a service fee but reduces your risk of a notice error.
Critical: An improper day notice (wrong number of days, wrong address, wrong tenant names, wrong delivery method) is the number-one reason cases get dismissed—which means you pay the filing fees again and lose more rental income.
2) File your eviction suit (Justice Court)
File in the Harris County Justice Court precinct where the rental unit sits (use the property’s Zip Code to find the right JP). You’ll pay court filing fees plus service fees to have the constable serve each defendant. Expect your court date (the eviction hearing) generally within 2–3 weeks after filing, but timelines can vary by docket and other specific circumstances. The Harris County JP website explains filing and payment basics, and that notices and filings should be timely and in the correct precinct.
Cost:
Filing + service bundle at the JP level (varies by precinct); plan for constable service per defendant. Harris County constable fees list Forcible (Eviction) service at $85 for in-county service.
3) Have each tenant served (constable or process server)
The constable (a law enforcement officer) typically serves the eviction citation. Multiple adult occupants named? You’ll pay service fees for each. If service proves difficult, expedited service or additional attempts can add additional fees.
4) Court hearing & judgment
Bring your written lease, accounting ledger (unpaid rent, late fees if allowed), proof of eviction notice, photos, and any property damage evidence. If the tenant doesn’t appear, you may get a default judgment. If you win, the judge signs a court order granting possession and any rent awarded.
Cost:
Attorney fees if you hire counsel (flat fee or hourly).
Your time away from work (hidden cost).
If the tenant requested a jury, you may see additional costs and more amount of time before the hearing.
5) Appeal window (usually 5 days)
Tenants can appeal to County Court at Law, which can reset the timeframe and add legal procedures and costs. You may not see a fast lock-out if an appeal is perfected.
Cost:
If appealed, you’ll face additional legal fees and lost rent while you wait.
6) Writ of Possession (the lock-out)
If the appeal window expires and the tenant hasn’t moved, you’ll request a Writ of Possession. The clerk issues the writ (a small issuance fee ~$8 under the statutory court fee schedule), and the constable schedules and conducts the lock-out. In Harris County, Writ of Possession service is $155. If the move-out takes more than the allotted time on site, there can be per-hour deputy charges after two hours. Cost:
Writ issuance fee (~$8).
Constable service: $155.
Movers and heavy trash during the set-out are your expenses (plus haul-away fees).
Property turnover costs begin here (cleaning, locks, repairs).
The real bill: what Houston landlords actually pay
Below is a typical budget for a straightforward non-payment of rent eviction where service is successful and no appeal is filed. Your numbers will vary:
Direct legal costs (baseline):
Notice: print + certified mail (optional but smart): $10–$25
Filing + service at JP: depends on precinct; plan for filing/admin + $85 constable service per adult defendant.
Writ of Possession: $8 issuance + $155 constable service; more if the job runs long.
Attorney fees (if you hire one): flat fee or hourly—varies by eviction attorney and complexity.
Indirect/hidden costs (often larger):
Lost rent during the eviction proceedings and set-out period.
Property turnover costs:
Cleaning fees, debris removal, pest treatment (illegal activities can leave surprises), replacing locks, and minor repair costs (holes, doors, appliances).
Fixing property damage (beyond normal wear and tear) and mold growth from unattended leaks.
Repainting or refreshing for curb appeal.
Marketing the rental: rental application screening, vacancy time, and incentives for the new tenant.
Rent collection gap recovery is uncertain; the security deposit may not cover unpaid rent and damages.
Reality check: Even a “simple” case can cost hundreds in fees, and thousands when you add lost rent and make-ready repairs.
What Texas law expects from you (and what it gives you)
Proper notice is the first step under Texas Property Code §24.005. Most nonpayment of rent cases require a 3-day notice unless your lease says otherwise.
Only the court can remove a tenant. Self-help lock-outs risk a writ of reentry and legal action against you.
Right to possession is the main question in JP Court; money claims can be joined up to a cap and must follow rules. The Texas State Law Library offers plain-English overviews of the eviction process and landlord-tenant legal rights.
Service fees are public and updated (Harris County constable fee schedule lists Forcible (Eviction) and Writ of Possession rates). Always confirm current service fees before filing.
Timeline: how long does an eviction take in Houston?
Notice period: usually 3 days for nonpayment (unless your lease changes it).
Court date: often 2–3 weeks from filing (docket load varies by precinct).
Appeal window: 5 days after judgment.
Writ of Possession scheduling: depends on constable availability.
In total, plan for 3–6+ weeks in a routine case; add time for lease violations disputes, wrongful service do-overs, appeals, or family member complications (yes, relatives require the same legal procedures).
Itemizing the big line items
1) Filing & service (the price to get into court)
You pay the JP court to open the case and the constable to serve it. Harris County constables list Forcible (Eviction) service at $85. Filing schedules are set by each courthouse and can change; check your precinct’s website for current court filing fees and service fees.
2) Lawyer or no lawyer?
DIY: Lowest legal costs, but errors (wrong party names, wrong notice, wrong venue) cause dismissals and additional fees when you refile.
Eviction attorney: You’ll pay attorney’s fees (flat fee or hourly), but your legal representation reduces risk and can improve outcomes in contested cases (e.g., lease violations, property damage disputes, or defenses). Ask about flat fee pricing and what’s included (filing, hearing, Writ of Possession, post-judgment).
3) Writ of Possession (the lock-out)
Budget $8 (writ issuance) + $155 (constable Writ of Possession) in Harris County. If the set-out takes extra time, deputies can charge per-hour after two hours. Coordinate movers and meet the law enforcement officer on site
4) Turnover and make-ready (often the biggest cost)
Expect to spend on cleaning fees, repair costs, paint, locks, and possibly Home Repairs for further damage from electrical systems issues to small renovation projects. If you discover significant property damage, take photos and document for potential civil recovery.
When selling may be cheaper than evicting
Sometimes the cheapest path is to skip the eviction lawsuit altogether. If your Houston TX rental has heavy wear and tear, water damage, repeated eviction filings, or the numbers don’t pencil after repair estimates and vacancy, a quick sale can be the fastest way to stop the bleed.
Absolute Properties works with Houston Home Sellers, including landlords facing nonpayment of rent, code violations, or tough Job relocations, to offer a fair cash offer with no realtor, no hidden fees, no agent commissions, and no hassle of repairs. We cover many closing costs, set a closing date that fits your schedule, and keep the sale process simple so you can get financial relief and move on.
Areas We Serve: Greater Houston & Surrounding Areas (Harris County and beyond), including Sugar Land, Missouri City, League City, La Porte, and more.
Track record & customer service: Ask about our years of experience, happy client stories, and Better Business Bureau profile.
How it works: Tell us your Property Address and property details; we’ll review the local market, make a fair offer, and schedule Fast Closings often the fastest way to end the headache.
Still weighing eviction vs. selling? We’re a phone call away. We’ll walk you through selling options next to the cost of an eviction order, so you can compare total sale price (after closing costs) to the true cost of an eviction and turnover. No pressure just clear numbers so you can choose what’s best for your Texas property.