How Evictions Work

Here is a summary of how the Eviction Process works in Harris County, Texas:

BEFORE YOU GO TO COURT:

You breached your Lease Agreement in some way, the most common reason is not paying the rent on time
You get a 3-Day Notice to Vacate from your Landlord
You do not vacate or pay within the 3-day time period
Your Landlord files an Eviction Lawsuit with the Justice Court
Within 2-3 weeks you are served with a Notice to Appear in court by a Process Server who appears at your door or you might receive the notice in the mail

WHEN YOU GO TO COURT:

Within 3-4 weeks (after the Eviction is filed with the Court) you have an Eviction Hearing. Note: The Landlord must show up to testify at the hearing or the case will be dismissed
If there are too many cases on the Court's Docket, the Clerk will be reset the case (usually for 7 days)
If the Landlord shows up to testify and the case is called, the Judge issues a 5-Day Notice to Vacate to the Tenant
You have 5 days, from the hearing date, to move out or to contest the judgement

AFTER YOU GO TO JUSTICE COURT:

If you contest the Judgement, the case is transferred to the next highest court which is County Civil Court
Five Days after the paperwork, to contest the judgement, is filed with the Court, you must post a cash Bond with the Registry of the Court [Note: If you do not post a Bond, your Landlord will have the right to file a Writ of Possession the next business day. If you post the Bond, this blocks the filing of the Writ until the case is resolved in County Civil Court.]

YOU MUST CONTINUE TO PAY RENT AS IT BECOMES DUE BY THE 5TH OR EACH MONTH:

After the initial payment of one month's rent is paid to the Court, you are required to continue to pay rent as it becomes due
The next rent payment is due by the 5th of the following month
If you do not make the second payment, the Landlord will have the RIGHT to file a Writ of Possession the next business day BUT, the Landlord MUST contact the Court to verify payment
Checking for the second payment generally requires hiring an attorney who would file a Motion for Summary Disposition
This is a request that the Court rule in favor of giving possession of the property back to the Landlord without a hearing
You will receive notice that The Motion for Summary Disposition was filed and you will be given 10 days to make the second payment to the Harris County Civil Court located downtown at 201 Caroline Street, 3rd Floor Clerk's Office, Houston, TX 277002. The main phone number is: 713-755-6411 ask for the Civil Clerk for Evictions.
Generally speaking, we do not recommend making the 2nd payment unless you are notified by the Court that a Motion of Summary Disposition has been filed
The majority of Landlords do not check for the 2nd payment

WHEN YOU GO TO HARRIS COUNTY CIVIL COURT:

Within 4-8 weeks (depending on how busy the courts are) there will be another hearing in County Civil Court
The Landlord must show up to testify at the hearing or the case will be dismissed
The Judge will issue a 5-15 day Notice to Vacate to the Tenant
After the Deadline, the Landlord has the right to file a Writ of Possession with the Court. Note: you can appeal the case at this level, but it is much more difficult. You must be able to prove that the Rules of Civil Procedure were not followed properly and post a Bond of ten (10) months rent cash. Most Tenants are not able to meet these requirements and the judgement from County Civil Court becomes permanent and can not be appealed.

NOTE: At any point during the Eviction Process, you can try to work things out with the Landlord. The only way to stop and eviction, is if the Landlord agrees to it. Make sure to get the details in WRITING and get a RECEIPT

BEFORE YOU GO TO COURT:

You breached your Lease Agreement in some way, the most common reason is not paying the rent on time
You get a 3-Day Notice to Vacate from your Landlord
You do not vacate or pay within the 3-day time period
Your Landlord files an Eviction Lawsuit with the Justice Court
Within 2-3 weeks you are served with a Notice to Appear in court by a Process Server who appears at your door or you might receive the notice in the mail

WHEN YOU GO TO COURT:

Within 3-4 weeks (after the Eviction is filed with the Court) you have an Eviction Hearing. Note: The Landlord must show up to testify at the hearing or the case will be dismissed
If there are too many cases on the Court's Docket, the Clerk will be reset the case (usually for 7 days)
If the Landlord shows up to testify and the case is called, the Judge issues a 5-Day Notice to Vacate to the Tenant
You have 5 days, from the hearing date, to move out or to contest the judgement

AFTER YOU GO TO JUSTICE COURT:

If you contest the Judgement, the case is transferred to the next highest court which is County Civil Court
Five Days after the paperwork, to contest the judgement, is filed with the Court, you must post a cash Bond with the Registry of the Court [Note: If you do not post a Bond, your Landlord will have the right to file a Writ of Possession the next business day. If you post the Bond, this blocks the filing of the Writ until the case is resolved in County Civil Court.]

YOU MUST CONTINUE TO PAY RENT AS IT BECOMES DUE BY THE 5TH OR EACH MONTH:

After the initial payment of one month's rent is paid to the Court, you are required to continue to pay rent as it becomes due
The next rent payment is due by the 5th of the following month
If you do not make the second payment, the Landlord will have the RIGHT to file a Writ of Possession the next business day BUT, the Landlord MUST contact the Court to verify payment
Checking for the second payment generally requires hiring an attorney who would file a Motion for Summary Disposition
This is a request that the Court rule in favor of giving possession of the property back to the Landlord without a hearing
You will receive notice that The Motion for Summary Disposition was filed and you will be given 10 days to make the second payment to the Harris County Civil Court located downtown at 201 Caroline Street, 3rd Floor Clerk's Office, Houston, TX 277002. The main phone number is: 713-755-6411 ask for the Civil Clerk for Evictions.
Generally speaking, we do not recommend making the 2nd payment unless you are notified by the Court that a Motion of Summary Disposition has been filed
The majority of Landlords do not check for the 2nd payment

WHEN YOU GO TO HARRIS COUNTY CIVIL COURT:

Within 4-8 weeks (depending on how busy the courts are) there will be another hearing in County Civil Court
The Landlord must show up to testify at the hearing or the case will be dismissed
The Judge will issue a 5-15 day Notice to Vacate to the Tenant
After the Deadline, the Landlord has the right to file a Writ of Possession with the Court. Note: you can appeal the case at this level, but it is much more difficult. You must be able to prove that the Rules of Civil Procedure were not followed properly and post a Bond of ten (10) months rent cash. Most Tenants are not able to meet these requirements and the judgement from County Civil Court becomes permanent and can not be appealed.