Eviction in Hays County (San Marcos/Kyle), Texas
Where eviction cases are filed in Hays County (San Marcos/Kyle), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.
Quick facts: eviction in Hays County (San Marcos/Kyle)
- Eviction court
- Hays County Justice of the Peace Courts (7 courts in Precincts 1-5) — Justice of the Peace court Court page
- Filing fee
- $129 per defendant ($54 filing + $75 constable service); writ of possession service $250 Hays County Constable Fees (adopted September 16, 2025 under Local Gov't Code 118.131); Hays County eviction information packet ($54 filing fee)
- 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)
- $1,852/month HUD
- Renter households
- 35,807 (36% of households) Census ACS 2020–2024
Last verified against official sources: 2026-10-23
Where eviction cases are filed in Hays County (San Marcos/Kyle)
Eviction cases in Hays County (San Marcos/Kyle) are heard by the Hays County Justice of the Peace Courts (7 courts in Precincts 1-5) (Justice of the Peace court).
Courts: JP 1-1 and 1-2 (San Marcos), 2-1 and 2-2 (Kyle), 3 (Wimberley), 4 (Dripping Springs) and 5 (Buda). Eviction cases must be filed in the justice court for the precinct where the property is located; filing in the wrong precinct leads to dismissal without a fee refund. Amendments to Texas Property Code ch. 24 (SB 38) apply to eviction cases filed on or after January 1, 2026 (statewide change, not county-specific).
How much it costs to file an eviction in Hays County (San Marcos/Kyle)
$129 per defendant ($54 filing + $75 constable service); writ of possession service $250
Forcible detainer service is $75 per person served. The $54 filing fee is stated in the eviction information packet linked from the county Evictions page (https://www.hayscountytx.gov/DocumentCenter/View/3219/Eviction-Information-Packet-PDF). A Statement of Inability to Afford Payment of Court Costs may be filed instead of paying fees.
How eviction cases work locally
| Forms | The county Evictions page links an eviction petition, an information packet, a manufactured-home eviction petition, appeal information and a Servicemembers Civil Relief Act affidavit. Source: Official source |
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The Texas eviction process
Texas state law sets the notice periods and court steps everywhere in the state, including Hays County (San Marcos/Kyle):
- 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 Hays County (San Marcos/Kyle)
HUD FY2026 Fair Market Rents for the Austin-Round Rock-San Marcos, TX MSA (the rent levels used for Section 8 vouchers):
| Studio | $1,474 |
|---|---|
| 1 bedroom | $1,562 |
| 2 bedrooms | $1,852 |
| 3 bedrooms | $2,347 |
| 4 bedrooms | $2,760 |
Source: HUD Fair Market Rent documentation
Median gross rent in Hays County (San Marcos/Kyle): $1,495/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 Hays County (San Marcos/Kyle)
Free legal help
- Texas RioGrande Legal Aid (TRLA) — TRLA serves Hays County; apply by phone (956) 996-8752 or toll-free (833) 329-8752.
Other Texas counties
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- 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 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 Hays County (San Marcos/Kyle)?
How much does it cost to file an eviction in Hays County (San Marcos/Kyle)?
Where can I get help with an eviction in Hays County (San Marcos/Kyle)?
What is the fair market rent in Hays County (San Marcos/Kyle)?
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.