Eviction in McLennan County (Waco), Texas
Where eviction cases are filed in McLennan County (Waco), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.
Quick facts: eviction in McLennan County (Waco)
- Eviction court
- McLennan County Justice of the Peace Courts (Precincts 1-5) — Justice of the Peace court Court page
- Filing fee
- $144 for filing and serving one defendant; $90 each additional defendant; writ of possession $180 McLennan County Justice of the Peace Precinct 5 - Fees and Payment Information
- 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)
- $1,240/month HUD
- Renter households
- 37,183 (38% of households) Census ACS 2020–2024
Last verified against official sources: 2026-10-23
Where eviction cases are filed in McLennan County (Waco)
Eviction cases in McLennan County (Waco) are heard by the McLennan County Justice of the Peace Courts (Precincts 1-5) (Justice of the Peace court).
- Justice of the Peace Precinct 5 — 1800 Richter Ave., Suite A, Waco, TX 76711 · website
Courts: Precinct 1 Place 1, Precinct 1 Place 2, and Precincts 2, 3, 4 and 5. File in the justice court for the precinct where the property is located. The county posts eviction petition and answer forms on its Justices of the Peace page. 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 McLennan County (Waco)
$144 for filing and serving one defendant; $90 each additional defendant; writ of possession $180
JP Precinct 5's schedule; other McLennan JP courts may differ. The $144 total corresponds to the $54 justice court filing fee plus a $90 service fee. In person: exact cash, cashier's check, money order or card. A Statement of Inability to Afford Payment of Court Costs may be filed instead of paying fees.
Source: McLennan County Justice of the Peace Precinct 5 - Fees and Payment Information
The Texas eviction process
Texas state law sets the notice periods and court steps everywhere in the state, including McLennan County (Waco):
- 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 McLennan County (Waco)
HUD FY2026 Fair Market Rents for the Waco, TX HUD Metro FMR Area (the rent levels used for Section 8 vouchers):
| Studio | $850 |
|---|---|
| 1 bedroom | $996 |
| 2 bedrooms | $1,240 |
| 3 bedrooms | $1,599 |
| 4 bedrooms | $1,644 |
Source: HUD Fair Market Rent documentation
Median gross rent in McLennan County (Waco): $1,173/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 McLennan County (Waco)
Free legal help
- Lone Star Legal Aid — Waco office serves McLennan County; toll-free 1-800-733-8394 or online intake.
Other Texas counties
- Eviction in Harris County (Houston)
- 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 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 McLennan County (Waco)?
How much does it cost to file an eviction in McLennan County (Waco)?
Where can I get help with an eviction in McLennan County (Waco)?
What is the fair market rent in McLennan County (Waco)?
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.