Eviction for Nonpayment

1 Day After Rent is Due – Deliver Notice to Vacate WITH Notice of Tenants’ Rights attached

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• Send by certified, registered, or regular mail; OR

• Deliver by hand to the Tenant or any resident over 16 years old; OR

• Post it on the inside of the front door; OR

  • ONLY post it on the outside of the front door if there’s no mailbox, there’s a dangerous animal inside, or there’s an alarm system that the Landlord can’t control.

 

2 Days After Rent is Due – You may start charging late fees ONLY if the Lease Agreement includes late fees

 

3 Days After Notice to Vacate Date – File the Eviction Petition – Call any Justice of the Peace Court to ask for your precinct number since their lookup tools don't work – Tool 1 Tool 2

 

• Fill Out the Eviction Petition and notarize it at your precinct for free or online for a fee

•  Deliver In-Person or by Mail to your Precinct to get your case number and hearing date.

  • Include $171 in Cash (In-Person Only), Cashier’s Check, or Money Order.

• Apply for Remote Hearing (ONLY Precinct 4) after getting the case number.

• An officer will first try to hand deliver the notice to the Tenant or another resident over 16 years old. After two unsuccessful tries, the officer will post the notice outside of the residence.

• The Tenant will need to respond with payment, leave the property, or proceed with the eviction case.

 

Within 10 Business Days of Filing Eviction Petition – The eviction hearing is scheduled

 

• Bexar County claims it’s scheduled within 10 business days, but it can be over a month after filing the Eviction Petition.

• If new evidence appears, such as an additional month of rent nonpayment, you may present this live during your hearing.

 

Within 5 Business Days of the Hearing Date – The Tenant needs to appeal or leave the residence

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• If the eviction is for rent nonpayment, the Landlord isn’t required to accept late rent payment.

 

5 Days After Hearing Date – File Writ of Possession to order the court to remove the Tenant assuming they didn’t appeal

 

• Fill Out Writ of Possession and Deliver In-Person or by Mail

  • Enter: Precinct Number, Today’s Date, Date of Judgement, Case Number, Plaintiff, Defendant, Request Made By, Address, Phone/Email.

  • Include $287 in Cash (In-Person Only), Cashier’s Check, or Money Order.

• An officer will call you to schedule a date to remove the Tenant using the phone number you provided.

• Before removal, officers must give the Tenant 24 hours to move after they post on the front door.

 

If Tenant Appeals – They must pay one month’s rent into the court’s computer system within 5 days. The Tenant can remain at the residence during the entire appeal process.

 

• Search your Case Number online, click your Case Number, and view your Case Summary to see if the Tenant has appealed.

• We don’t provide all details about appeals since they can be complex, so we recommend speaking to an attorney.

• The Tenant will need to make future rent payments into the court’s computer system within 5 days of the due date.

• If the eviction isn’t for nonpayment, the Tenant still needs to pay rent or the Landlord can file an eviction for nonpayment.