Frequently Asked Questions
Answers to common questions about the Texas eviction process, our services, pricing, and legal requirements — aligned with current Texas Property Code.
Getting Started
How do I get started?
Submit your case through our online intake form. We review your submission within 1 to 2 business hours, confirm the details and all fees with you in writing, and begin work once payment is received. From there, you can track every step through our secure Client Portal.
What documents do I need to provide?
For a standard tenant eviction: the lease (if one exists), a rent ledger or balance summary, and copies of any notices already sent. For post-foreclosure cases: the recorded substitute trustee's deed or other deed showing ownership. For squatter cases: proof of ownership such as a recorded deed or current property tax records. If anything is missing, we will tell you exactly what is needed before anything is filed.
How will I know what is happening with my case?
Every client receives access to our secure Client Portal, where case documents, filing confirmations, hearing dates, and status updates are posted as your case moves forward. You also receive direct updates at key milestones, so you are never left wondering where things stand.
What if the tenant pays in full or moves out after I file?
You direct the case. If the tenant pays the balance or vacates, you can instruct us to seek a dismissal or nonsuit. Court costs already paid to the court are non-refundable once filed. If the case instead needs a reset or refile, it is a flat $250 with court costs included, and you authorize it before it happens. Whether to accept a payment while a case is pending can affect the case itself; that is a legal decision we cannot advise you on, and a licensed Texas attorney can.
The Eviction Process
What is the general eviction process in Texas?
In Texas, the eviction process (called a 'Forcible Detainer' action) follows these steps: (1) The landlord serves a written Notice to Vacate. (2) If the tenant does not comply, the landlord files a Petition for Eviction with the Justice of the Peace court. (3) The court schedules a hearing based on its docket. (4) If the landlord prevails, a judgment for possession is entered. (5) If the tenant does not vacate after judgment, the landlord may request a Writ of Possession. The constable posts a 24-hour notice, then returns to supervise the move-out — the landlord's crew moves belongings to the curb and the landlord's locksmith re-keys the property.
How long does the eviction process take?
The timeline is highly variable and depends on factors outside our control: whether the tenant contests the case, the JP court's current docket, constable availability, whether the tenant files an appeal, and whether any bankruptcy or supersedeas bond is filed. An uncontested case where the tenant does not appear moves faster than one where the tenant contests, appeals, or forces multiple hearings. Some tenants vacate after receiving the notice to vacate. Others fight the case through County Court on appeal. We cannot commit to a specific timeline — we can only commit to moving your case forward at every step as quickly as the process allows.
What happens if the tenant doesn't show up to the hearing?
If the tenant fails to appear at the scheduled hearing, the court will typically enter a default judgment in favor of the landlord. We will present your case whether the tenant appears or not. Default hearings still require proper service, a valid lease, and a properly pleaded petition — which is exactly why our templates and pre-filing review matter.
What is a Writ of Possession?
A Writ of Possession is a court order that authorizes the constable to supervise the removal of a tenant who has not vacated after a judgment for possession. The constable posts a 24-hour notice on the door, then returns on the scheduled date. The landlord is responsible for: (1) a moving crew or hired movers to move the tenant's belongings to the property line, (2) a licensed locksmith to re-key all exterior locks, and (3) any necessary supplies such as trash bags, boxes, or PPE. The constable supervises the process but does not provide labor, locksmith services, or supplies. The landlord or an authorized representative must be present.
What are the most common reasons eviction cases fail?
The most frequent problems are defective or improperly delivered notices to vacate, naming the wrong parties, filing before the notice period expires, and incomplete documentation of the lease or balance. These are process errors, not close legal calls, and they are avoidable. Our pre-filing review is built around catching them before your case is filed.
Can I just change the locks or shut off the utilities?
Texas law sharply restricts self-help measures. Texas Property Code §§ 92.008 and 92.0081 limit utility interruptions and lockouts at residential properties, and removing a tenant's belongings without a Writ of Possession can expose a landlord to significant civil liability. The court-supervised process exists to protect you from that exposure. This is general information, not legal advice; for guidance on your specific situation, consult a licensed Texas attorney.
What happens if the tenant appeals?
An appeal moves the case from Justice Court to County Court, where it is heard fresh. DFWEP does not handle appeals — our authorized-agent role ends at the Justice Court, and a County Court appeal requires a licensed Texas attorney. If the tenant appeals, you engage an attorney of your choosing to handle it; DFWEP is not a law firm and does not appear on appeal. SB38 also tightened the appeal process, including a requirement that a tenant swear the appeal is made in good faith and not for delay. If your case is appealed, we can coordinate the transfer of your complete, organized case file so your attorney starts with everything in hand.
Our Services
Do I need to appear in court?
Clients are always welcome to attend the court hearing, but it is not required for the case to be presented. Under Tex. R. Civ. P. 510.3 and Texas Property Code § 24.011, an authorized agent may appear in Justice of the Peace court on the landlord's behalf.
What counties do you serve?
We serve Dallas, Tarrant, Collin, Denton, Rockwall, and Ellis counties — covering the Dallas-Fort Worth Metroplex and its southern and eastern edges. This includes all Justice of the Peace precincts within those counties.
Are you a law firm?
No. DFW Eviction Pros, LLC is not a law firm and does not provide legal advice. Texas law allows non-attorneys to appear for landlords in Justice of the Peace court eviction proceedings under Tex. R. Civ. P. 510.3. For legal counsel, complex litigation, or matters beyond the scope of our services, we recommend consulting a licensed Texas attorney.
What types of properties do you handle?
We handle evictions for single-family homes, multifamily properties (apartments), mobile home parks, and post-foreclosure occupant removal. Contact us to discuss your specific situation.
Can you handle squatter evictions?
Yes. Squatter cases require a different approach than standard tenant evictions, but the legal process still applies. We handle unauthorized occupant cases from notice through writ execution — and for qualifying cases, we utilize Texas Senate Bill 1333 (SB1333) to pursue an expedited removal pathway that can save weeks compared to the standard eviction track.
Do you prepare the Notice to Vacate?
Yes. A properly prepared and properly delivered Notice to Vacate is the foundation of every eviction case, and notice defects are among the most common reasons cases fail. We prepare the notice as part of our engagement, matched to your case type and current Texas Property Code requirements, including the changes made by SB38 for suits filed on or after January 1, 2026.
Which cities do you cover?
All cities within Dallas, Tarrant, Collin, Denton, Rockwall, and Ellis counties. That includes Dallas, Fort Worth, Arlington, Plano, Frisco, McKinney, Irving, Garland, Grand Prairie, Mesquite, Richardson, Carrollton, Lewisville, Denton, Allen, Mansfield, Euless, Bedford, Hurst, North Richland Hills, Flower Mound, Wylie, Little Elm, The Colony, Rockwall, Rowlett, Heath, Royse City, Fate, Waxahachie, Ennis, Midlothian, Red Oak, Ferris, and every other municipality in those six counties, across all Justice of the Peace precincts.
Do you handle commercial evictions?
No. Our practice is limited to residential eviction cases in Justice Court: single-family homes, multifamily properties, mobile home communities, and post-foreclosure occupancies. We regularly serve multifamily owners and property management companies, and Texas Rule of Civil Procedure 510.3(b)(2) allows an entity to appear through a property manager or other authorized agent in Justice Court eviction cases. Commercial (non-residential) evictions fall outside our scope, and for those we recommend consulting a licensed Texas attorney.
Do you collect the money judgment?
A Justice Court eviction judgment can include unpaid rent when it is properly requested in the petition and within the court's jurisdictional limit. Collecting on that judgment after the case ends, through abstracts, garnishment, or other post-judgment remedies, is a separate legal process outside our scope. For collection efforts, consult a licensed Texas attorney or a collection professional.
Costs & Pricing
What does your service cost?
Our service fee plus court costs. Court costs include a filing fee plus a constable service fee per tenant named on the petition, varying by county. Use our pricing estimator on the Pricing page for a case-specific breakdown.
How does your pricing compare to hiring an attorney?
Hiring an attorney can wind up costing $2,000+ depending on case complexity and their hourly rate. Our flat-fee pricing is disclosed upfront, with court costs passed through at actual cost. For straightforward eviction cases, our pricing is typically lower than paying an attorney by the hour.
Are there any additional fees?
Our pricing is transparent. Additional fees apply for: Writ of Possession service (Stage II, quoted on the Pricing page and charged only if needed post-judgment), additional adult tenants on the same lease ($100 per additional adult tenant named on the petition), and case resets or refiles (flat $250, court costs included; you authorize any reset or refile before it happens). If an appeal is filed to county court, you would engage a licensed Texas attorney directly; their fees are separate from ours and quoted by the attorney, and DFWEP does not share in those fees. Note: Stage II covers our writ filing, constable coordination, and the writ court cost only. The landlord is separately responsible for the cost of movers/labor, a locksmith, and any supplies (trash bags, boxes, PPE, etc.) needed on execution day. All DFWEP fees are disclosed before you commit.
What is your payment policy?
Payment in full is required up front before service starts. We confirm all fees in writing before any case work begins.
Timeline Factors
What is the difference between a contested and uncontested eviction?
An uncontested eviction is one where the tenant does not appear at the hearing or does not file a written answer. The court typically enters a default judgment for the landlord at the scheduled hearing. A contested eviction is one where the tenant appears, files an answer, or raises defenses. Contested cases require a full hearing where both sides present evidence and argument. Contested cases take longer, may require additional hearings, and carry a higher risk of adverse outcomes if documentation is incomplete. We prepare every case as if it will be contested.
How does the JP court's docket load affect my case?
Each Justice of the Peace precinct sets its own hearing schedule. Docket load varies significantly by precinct and time of year. A precinct with a heavy caseload may schedule hearings further out than one with lighter volume. We have no control over court scheduling — once a case is filed, the hearing date is set by the court. We file promptly after the notice period expires and monitor the docket for any scheduling changes.
How does constable availability affect the writ execution date?
After a Writ of Possession is issued by the court, the constable's office schedules the execution date based on their current caseload and available officers. Each precinct manages its own schedule independently. We have no ability to expedite or control constable scheduling. We coordinate with the constable's office promptly after the writ is issued and keep you informed of the scheduled date. On the scheduled date, you must have a moving crew, a locksmith, and any needed supplies on-site — the constable will not proceed without them.
SB38 Eviction Reform
What is SB38 and how does it affect evictions?
Senate Bill 38, passed by the 89th Texas Legislature, is the most significant rewrite of Texas eviction procedure in decades. It took effect January 1, 2026 and applies to eviction suits filed on or after that date. Among other changes, it standardized the required contents and delivery methods for notices to vacate (including electronic delivery when the lease permits it in writing), created a summary disposition procedure that allows a court to rule without a full trial when no facts are genuinely disputed, set expedited hearing timelines, and tightened the appeal process.
When does SB38 apply?
SB38 governs eviction suits filed on or after January 1, 2026. Cases filed before that date proceed under the prior rules. Because every case we file now falls under SB38, our notices, petitions, and filings are built on the amended statutes and the Supreme Court of Texas rule changes that implement them.
What is summary disposition under SB38?
Summary disposition is a new procedure that allows a Justice Court to enter judgment in an eviction case without a full trial when the filings show there is no genuine dispute about the facts. The tenant has a short window to respond, and contested cases still proceed to a hearing. For landlords with clean documentation, it can shorten the path to judgment. Whether it fits a particular case depends on the facts, which is part of what we evaluate during pre-filing review.
How does DFW Eviction Pros stay current with SB38?
Our notice and petition templates were rebuilt around the amended Texas Property Code and the revised Justice Court rules implementing SB38, and we re-verify them against current court requirements on an ongoing basis. Compliance with the new framework is the core of what you are paying for: a case prepared the way the statute and the courts now expect.
SB1333 Squatter Removal
What is Texas Senate Bill 1333 (SB1333)?
Texas Senate Bill 1333, passed by the 89th Texas Legislature and effective September 1, 2025, created an expedited removal process for squatters — individuals who unlawfully entered a property, have no lease (written or verbal), and have no legal right to be on the premises. Under SB1333, a property owner can submit proof of ownership and a precinct-specific affidavit to the constable, triggering a constable investigation. If the investigation confirms that the occupant entered unlawfully and has no right to be there, the constable can contact the landlord directly to schedule writ execution immediately — bypassing the standard post-judgment waiting period. This can compress the removal timeline significantly compared to the traditional eviction process.
Who qualifies for SB1333 expedited removal?
SB1333 applies specifically to unlawful entry cases. To qualify, the occupant must have: (1) entered the property without the owner's permission, (2) no written or verbal lease agreement with the current owner, and (3) no legal right or claim to be on the property. SB1333 does not apply to holdover tenants (those who had a lease that has since expired), month-to-month tenants who received proper notice, or any situation where a landlord-tenant relationship previously existed. If there is any prior lease history, the standard eviction process applies.
What documents are required for SB1333?
Two categories of documents are required. First, proof of ownership — this can be a recorded deed, title documents, or current property tax records showing the owner's name. Second, a precinct-specific affidavit — each constable precinct in Texas uses its own form, and the affidavit must be completed correctly for the precinct where the property is located. We handle both: we prepare the proof of ownership package and draft the correct precinct-specific affidavit on your behalf.
How does the SB1333 investigation process work?
Once the proof of ownership and affidavit are submitted to the constable, the constable's office initiates an investigation to verify: (1) that the occupant entered the property unlawfully, (2) that no lease exists, and (3) that the occupant has no legal right to be there. If the investigation confirms all three conditions, the constable contacts the landlord to schedule writ execution immediately — without requiring the full JP court filing, hearing, and judgment process. If the investigation is inconclusive or the occupant presents any claim of a lease, the case proceeds through the standard eviction track.
Does SB1333 replace the standard eviction process?
No — SB1333 is a parallel pathway, not a replacement. We pursue SB1333 as the primary track for qualifying squatter cases while simultaneously preparing the standard eviction filing as a fallback. If the constable investigation does not result in immediate removal — for example, if the occupant presents documentation or the investigation is inconclusive — the standard eviction case is already in progress. This dual-track approach ensures no time is lost regardless of the investigation outcome.
How much faster is SB1333 compared to the standard eviction process?
The time savings depend on the specific constable precinct and caseload, but SB1333 can eliminate the JP court filing, citation service, hearing scheduling, and post-judgment waiting period — stages that collectively can take several weeks. We cannot commit to a specific timeline because constable investigation schedules vary by precinct and caseload, but the potential savings are substantial for qualifying cases.
Legal Requirements
How must the notice be delivered?
Texas Property Code § 24.005 (as amended by SB38) permits these methods of delivering a notice to vacate: (1) personal hand delivery; (2) U.S. Mail — certified, standard, or both; (3) courier service such as UPS or FedEx; (4) electronic delivery, when the parties have agreed to it in writing in the lease; and (5) placement inside the premises in a conspicuous location. Improper delivery is among the most common reasons eviction cases are dismissed.
Does the federal CARES Act 30-day notice apply to my property?
Possibly. Properties with federally backed mortgages or that participate in certain federal housing programs may be required to give a 30-day notice to vacate in nonpayment cases under the federal CARES Act, a requirement some courts have continued to enforce. We flag potentially covered properties during pre-filing review, but whether the requirement applies to a specific property is a legal question for the owner to resolve, with advice from a licensed Texas attorney if needed.
Still have a question? Our team is available Monday through Friday, 9 AM – 5 PM. We will review your inquiry and respond within one business day. Start your case or call (945) 998-0643.
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Contact
Phone: (945) 998-0643 · Email: [email protected]
10228 E. Northwest Hwy #225, Dallas, TX 75238 — Mon–Fri, 9:00 AM – 5:00 PM (by appointment only)
DFW Eviction Pros, LLC is not a law firm and does not provide legal advice. We act as authorized agents for landlords in Justice of the Peace court eviction proceedings under Texas Property Code § 24.011 and Tex. R. Civ. P. 510.3. Appeals and matters outside JP court jurisdiction require licensed attorney representation. For legal counsel, consult a licensed Texas attorney.