Eviction in Texas: What It Actually Involves
Eviction sounds like a big, dramatic event. In practice, it's a paperwork process with strict deadlines, and for well-screened tenants in Lubbock, it almost never happens.
Every owner should understand what it looks like anyway. If a tenant stops paying and won't leave, this is the road you're on.
The three-day notice starts the clock
Texas eviction begins with a written notice to vacate. State law requires landlords to give tenants at least three days' written notice before filing an eviction suit, though a lease can shorten or lengthen that window. Meridian's leases keep the three-day standard.
If rent hasn't come in by three days after the due date, we assess the late fee and deliver a three-day notice to vacate by email, mail, and posting on the door. That notice preserves the owner's right to file. It also prompts payment in many cases — tenants who were simply behind catch up once they see a formal notice.
Filing in JP court
If the tenant doesn't pay or move out by the deadline, the next step is filing a Forcible Detainer suit in the Justice of the Peace court for the precinct where the property sits. In Lubbock County, that means one of four JP precincts, all housed at the courthouse at 904 Broadway. Only the JP court in the precinct where the property is located has jurisdiction.
Filing fees run about $173 plus service costs. The court issues a citation and the constable serves the tenant.
The hearing and the new SB 38 timelines
Texas eviction law changed on January 1, 2026. Senate Bill 38 amended Texas Property Code Chapter 24 to accelerate the process, expand service methods, restrict JP-court counterclaims, and add a summary disposition procedure.
The practical effect for owners: hearings move faster. Courts must schedule trial no sooner than 10 days and no later than 21 days after filing. Before SB 38, busy urban counties sometimes pushed hearings out much further. Lubbock's JP courts were already reasonably prompt, but the new cap removes any doubt.
At the hearing, the judge decides possession only — not damages, not counterclaims. If the landlord wins, the tenant has five days to appeal or move.
The writ of possession
If the tenant doesn't appeal and doesn't leave, the landlord requests a writ of possession. The constable posts the writ on the door, and after 24 hours can return to physically remove the tenant and their belongings.
A realistic timeline for an uncontested case with a hearing is three to six weeks. An appeal to County Court-at-Law extends that to six to ten weeks or longer, and within five days of filing the notice of appeal the tenant must pay one month's rent into the court registry. That requirement discourages appeals filed purely for delay.
How rare this actually is
Most Meridian owners will never see a full eviction on one of their properties. Careful screening — income verification, rental history, criminal background, and prior eviction records — catches most problem applicants before a lease is signed. When rent does come in late, the three-day notice resolves most situations without a court filing.
Eviction is the tool of last resort, and Meridian handles the process end to end when it's needed: notice, filing, hearing, writ. Owners don't attend court and don't fill out forms. You get a status update at each step, and the goal is the shortest path back to a paying tenant in the property.
