The cost of an eviction in Texas for all filing, court, and service fees can vary heavily based on service and execution fees. For cases filed in Justice of the Peace Court, the average cost is $289.
| Fee | Justice of the Peace |
| Initial Court Filing | $54 |
| Citation Service | ~$80+ |
| Writ of Possession Issuance | $5 |
| Writ of Restitution Service & Execution | ~$150+ |
| Jury Trial (Optional) | $22 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Texas, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Forcible Entry and Detainer”) with the court the following business day. The filing fee for an initial Forcible Entry and Detainer is $54.
2. Citation Service Fee
Once a Petition is filed in Texas, the court will issue a Citation. The Citation is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a sheriff or constable to deliver the Citation to the tenant.
The Citation service fee varies by county. For example, a sheriff in Travis County can charge $80 for delivering a Citation and in Gonzales County the fee is $100.
3. Writ of Possession Issuance Fee
In Texas, if the court rules in favor of the landlord, the court shall issue a Writ of Possession. The writ is the tenant’s final notice to vacate the premises. The filing fee for a writ issuance is $5 and is applicable to all counties in Texas.
4. Writ of Possession Service & Execution Fee
A Texas sheriff or constable must serve the Writ of Possession to the tenant. Service fees vary by county, for example, in Travis County, a sheriff can charge $160. In Tarrant County, a sheriff can charge $150 plus $50 per deputy after 2 hours.
If a tenant remains at the property after the Writ of Possession has expired, the sheriff can remove the tenant from the premises. Once the tenant is removed from the premises, the sheriff shall legally return possession of the property to the landlord. Note, these fees also include the execution fees.
5. Jury Trial Fee
If the tenant wants to request a jury trial at the court hearing, they must request the jury 3 calendar days [ttip number=’1′ icon=’popover-balance’] before the court hearing. If requested, the tenant must pay a filing fee of $22.
Sources
- 1 Tex. R. Civ. P. 510.4 (2021)
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…inform the defendant that, upon timely request and payment of a jury fee no later than 3 days before the day set for trial, the case will be heard by a jury…