Eviction in Harris County (Houston), Texas
Where eviction cases are filed in Harris County (Houston), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.
Quick facts: eviction in Harris County (Houston)
- Eviction court
- Harris County Justice Courts (16 courts in 8 precincts) — Justice of the Peace court Court page
- Filing fee
- $54 court costs ($33 local + $21 state consolidated civil fee) + $85 constable service per defendant = $139 to file an eviction (original petition), all 16 Harris County justice courts. Writ of possession: $5 court cost + $155 constable service. Harris County Justice Courts - Civil Court Costs and Harris County Constable Civil Process Service Fees (effective January 1, 2025; revised January 2025)
- Notice before filing (state law)
- At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. Texas rules
- HUD Fair Market Rent, 2-bedroom (FY2026)
- $1,573/month HUD
- Renter households
- 795,727 (45% of households) Census ACS 2020–2024
Last verified against official sources: 2026-10-22
Where eviction cases are filed in Harris County (Houston)
Eviction cases in Harris County (Houston) are heard by the Harris County Justice Courts (16 courts in 8 precincts) (Justice of the Peace court).
Court eviction page · E-filing · Search court records
File in the justice court for the precinct where the property is located. Use the courts' 'Find Your Case and Court Date' search for hearing dates and the daily docket search (http://jpwebsite.harriscountytx.gov/WebDockets/prompt.jsp). The courts' eviction page notes the SB 38 changes to Property Code ch. 24 apply to cases filed on or after January 1, 2026 (statewide change, not county-specific).
How much it costs to file an eviction in Harris County (Houston)
$54 court costs ($33 local + $21 state consolidated civil fee) + $85 constable service per defendant = $139 to file an eviction (original petition), all 16 Harris County justice courts. Writ of possession: $5 court cost + $155 constable service.
From the court's official fee schedule PDF (rev. January 2025), linked from the courts' Justice Court Suits page (https://www.jp.hctx.net/suits/default.htm). Service fees apply to each defendant served; expedited service is an extra $85. The $85 citation and $155 writ service fees match the constables' fee page (https://harriscountytx.gov/Government/Law-Enforcement/Constable-Fees/In-Harris-County-Fees). A 'Statement of Inability to Afford Payment of Court Costs' form is offered on the Justice Court Suits page.
How eviction cases work locally
| E-filing | Justice courts link to eFileTexas for electronic filing. Source: Official source |
|---|---|
| Forms | Courts post an updated Petition for Eviction and the 1.1.26 Texas Rules of Civil Procedure for justice courts reflecting SB 38. Source: Official source |
The Texas eviction process
Texas state law sets the notice periods and court steps everywhere in the state, including Harris County (Houston):
- Written notice to vacate (at least 3 days unless lease says otherwise; pay-or-vacate form for first-time nonpayment) delivered by a method in Sec. 24.005(f-3)
- File sworn petition in justice court; landlord may include a sworn motion for summary disposition (Sec. 24.00505, 24.005106)
- Sheriff/constable must make a diligent effort to serve citation within 5 business days of filing; otherwise landlord may use another trained officer (Sec. 24.0051(f))
- Tenant may file a response to a summary disposition motion no later than the 4th day after service; trial is set 10-21 days after filing and not earlier than 4 days after service (Sec. 24.0051(g), 24.005106)
- Judgment; appeal to county court by bond, cash deposit, or statement of inability within 5 days after judgment is signed (Sec. 24.005107)
- Writ of possession may not issue before the 6th day after judgment (absent possession bond); officer serves it within 5 business days, posts a 24-hour warning, then executes (Sec. 24.0061)
Full Texas eviction rules with sources →
Rent in Harris County (Houston)
HUD FY2026 Fair Market Rents for the Houston-The Woodlands-Sugar Land, TX HUD Metro FMR Area (the rent levels used for Section 8 vouchers):
| Studio | $1,280 |
|---|---|
| 1 bedroom | $1,323 |
| 2 bedrooms | $1,573 |
| 3 bedrooms | $2,116 |
| 4 bedrooms | $2,639 |
Source: HUD Fair Market Rent documentation
Median gross rent in Harris County (Houston): $1,401/month (Census ACS 2020–2024 5-year estimates).
County tenant ordinance
No county-level landlord-tenant ordinance identified; eviction procedure is governed by state law (Tex. Prop. Code ch. 24 and Tex. R. Civ. P. 510). City rules, if any, are on city pages.
Eviction help in Harris County (Houston)
Free legal help
- Lone Star Legal Aid — Houston main office 713-652-0077 / toll-free 1-800-733-8394; LSLA's eviction page addresses Harris County JP eviction dockets (https://www.lonestarlegal.org/services/eviction-right-to-counsel/).
Right to counsel: No guaranteed right to counsel. Harris County Housing & Community Development's Eviction Defense Program provides free legal advice before filing, representation in eviction cases and appeals, and help with negotiations and mediation, through Lone Star Legal Aid (832-927-4955; 1111 Fannin St., 9th Floor, Houston). Eligibility: Harris County residents with total household income at or below 200% of the federal poverty guideline, with priority for those receiving unemployment benefits, with reduced income, or at risk of eviction from financial hardship. Source
City rules in Harris County (Houston)
Other Texas counties
- Eviction in Dallas County (Dallas)
- Eviction in Tarrant County (Fort Worth)
- Eviction in Bexar County (San Antonio)
- Eviction in Travis County (Austin)
- Eviction in Collin County (Plano/McKinney)
- Eviction in Denton County (Denton)
- Eviction in El Paso County (El Paso)
- Eviction in Hidalgo County (McAllen/Edinburg)
- Eviction in Williamson County (Round Rock/Georgetown)
- Eviction in Montgomery County (Conroe/The Woodlands)
- Eviction in Fort Bend County (Sugar Land/Richmond)
- Eviction in Bell County (Killeen/Temple)
- Eviction in Lubbock County (Lubbock)
- Eviction in Nueces County (Corpus Christi)
- Eviction in Brazos County (Bryan/College Station)
- Eviction in Cameron County (Brownsville/Harlingen)
- Eviction in Galveston County (League City/Galveston)
- Eviction in McLennan County (Waco)
- Eviction in Hays County (San Marcos/Kyle)
- Eviction in Jefferson County (Beaumont/Port Arthur)
- Eviction in Brazoria County (Pearland/Angleton)
- Eviction in Webb County (Laredo)
Related
- Texas landlord-tenant law
- How long an eviction takes in Texas
- Texas eviction notice periods
- Notice deadline calculator
- How to evict a tenant in Texas (landlords)
Frequently asked questions
Where do I file an eviction in Harris County (Houston)?
How much does it cost to file an eviction in Harris County (Houston)?
Where can I get help with an eviction in Harris County (Houston)?
What is the fair market rent in Harris County (Houston)?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.