Evictions | Wise County, TX (2024)

Eviction Case

An eviction case is a lawsuit brought to recover possession of real property under Chapter 24 of the Texas Property Code, often by a landlord against a tenant. A claim for rent may be joined with an eviction case if the amount of rent due and unpaid is not more than $20,000, excluding statutory interest and court costs but including attorney fees, if any. Eviction cases are governed by Rules 500 through 507 and 510 of Part V of the Rules of Civil Procedure (PDF). To the extent of any conflict between Rule 510 and the rest of Part V, Rule 510 applies.

Eviction Filing Fee

Eviction Filing Fee is $204 ($54 court cost and $150 service fee per person). Payment options of cash, cashier's check, or money order. Please make payable to the Justice of the Peace 3 (JP3).

Eviction suits mustbe filed in the precinct and county where the property is located or the court has no other option but to dismiss your case for lack of jurisdiction and you lose your filing fee.

Verifying the Precinct

To verify the precinct of the property for which you are filing, you may call 911 Addressing at 940-627-9332 or the Voter Registrar's office at 940-626-4453. You need to be very specific in asking which commissioner precinct the property is located.

Be prepared to give the address of the property in which you are inquiring so they may look it up for precinct verification.

Evictions | Wise County, TX (2024)

FAQs

Are evictions still on hold in Texas? ›

The Texas Eviction Diversion Program ended on July 1, 2023.

How do you file an answer for eviction in Texas? ›

Justice Court: You may file the Answer at any time before the hearing, including the day of the hearing. If you do not file your Answer before your hearing date, be sure to bring copies for the court, the landlord, and yourself to the hearing.

How many days does it take to get evicted in Texas? ›

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.

How long does it take to move out of eviction in Texas? ›

Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out.

What happens after 3 day eviction notice in Texas? ›

Three days after the tenant receives the notice, the landlord may file an eviction suit petition. However, an eviction hearing will not occur until at least ten days after petition filing.

How long can you not pay rent before eviction in Texas? ›

According to Texas law, rent on the rental unit becomes late if it isn't paid within 2 full days once it's due. When rent is late, you must give the tenant the 3-Day Notice to Quit to kick start the eviction process.

Can you appeal an eviction in Texas? ›

If you were evicted for not paying rent, but you want to stay... If you disagree with an eviction order, you can request a “do-over”—a new trial before a different judge. This is called an “appeal.” To get this do-over (new trial), you must turn in certain forms within 5 days of the eviction order.

Do you have to go to court for an eviction in Texas? ›

Eviction Cases are governed by Rules 500 – 507, and Rules 510.1 0 510.13, Texas Rules of Practice in Justice Courts. Eviction Cases must be filed in the Justice Court in the Justice of the Peace Precinct in the county in which the real property is located. See Section 24.004, Texas Property Code.

How long does it take to get an answer from Texas rent relief? ›

Upon application approval, the tenant and landlord (if landlord is participating) first receive an approval email from TRRP. Approval emails provide a breakout of what months and costs are approved, and the estimated timeline to payment after approval, typically 7-14 days.

Do I have 30 days to move after an eviction in Texas? ›

Foreclosure of property

The landlords have to issue a 30-Day Notice to Vacate. The tenant has no choice but to leave the premises before the end of the notice period. Landlords can continue with the eviction process if the tenant refuses to leave after the 30-day grace period.

Is a 3 day eviction legal in Texas? ›

To remove a holdover tenant in Texas, the landlord must give the tenant a three-day notice to vacate. If the tenant does not move out by the end of the three-day period, then the landlord can file an eviction lawsuit with the court.

Can you be evicted if you pay partial rent Texas? ›

On the other hand, according to Texas Eviction, a landlord in the lone star state can evict a renter if they pay only partial rent. However, advocates for landlords advise them not to accept partial rent at all because it might weaken their eviction case.

What is a motion to set aside eviction in Texas? ›

A Motion to Set Aside Default Judgment asks the court to take back a judgment because one party failed to show up to the scheduled hearing. You can use the motion for an eviction hearing or any other court action during the eviction process in which a party was not present and the court made a ruling.

What is the eviction process that landlords must follow in the state of Texas? ›

No, in Texas, a landlord cannot evict a tenant without going through the court process. The eviction process in Texas requires the landlord to file an eviction lawsuit in the appropriate county court. The court will then schedule a hearing where both the landlord and tenant can present their case.

How much does it cost to file an eviction suit in Texas? ›

you, the plaintiff. The Court Clerk will assist you if you have PROCEDURAL questions. The cost for filing an Eviction Suit is $54.00. for serving an Eviction Suit citation is $75.00.

What are my legal rights as a tenant in Texas? ›

Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.

Top Articles
Latest Posts
Article information

Author: Duncan Muller

Last Updated:

Views: 6248

Rating: 4.9 / 5 (59 voted)

Reviews: 82% of readers found this page helpful

Author information

Name: Duncan Muller

Birthday: 1997-01-13

Address: Apt. 505 914 Phillip Crossroad, O'Konborough, NV 62411

Phone: +8555305800947

Job: Construction Agent

Hobby: Shopping, Table tennis, Snowboarding, Rafting, Motor sports, Homebrewing, Taxidermy

Introduction: My name is Duncan Muller, I am a enchanting, good, gentle, modern, tasty, nice, elegant person who loves writing and wants to share my knowledge and understanding with you.