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How much does it cost to file an eviction in Texas?

Texas files evictions in justice court, and the filing fee is the same everywhere: $54. What varies is the constable's service fee, set county by county — so a one-tenant eviction costs $134 to $144 to get filed and served in the counties below, before any writ or appeal.

Texas eviction fees at a glance

The $54 filing fee and the Tarrant County $90 service fee are from Tarrant County's published justice court eviction guidance (fees effective January 1, 2026); the Gillespie County $85 and Dallas County $80 service figures are from those counties' published justice court fee information. Service is charged per person served, so a suit naming two occupants costs two service fees. This is the same two-layer pattern as Texas divorce: a uniform state-structured filing fee, with county-set charges stacked where a county officer does the work.

Before the $54: the notice to vacate

No fee is paid to start a Texas eviction, because the first step is not a filing. Under Tex. Prop. Code §24.005, the landlord must give a written notice to vacate — at least three days for nonpayment unless the lease sets a different period — and the tenant who stays past it becomes the defendant in a forcible detainer suit under Chapter 24 and Rule 510 of the Texas Rules of Civil Procedure. If the property is covered by a federal programme or the lease requires a longer notice or an opportunity to cure, those terms control; a defective notice is the most common reason a Texas eviction is dismissed and the $54 has to be spent again.

How the case runs

1. Deliver the notice to vacate and let the period run no court fee
2. File the sworn petition for eviction in the justice court precinct where the property sits $54 — a back-rent claim of up to $20,000 can be joined to the same case.
3. The constable serves the citation at least six days before trial $80–$90 per defendant in the counties above
4. Trial is set 10 to 21 days after filing. If the tenant does not appear, the landlord can take a default judgment.
5. If the tenant stays after judgment, wait out the five-day appeal window, then request a writ of possession; the constable posts a 24-hour warning before executing it (Tex. Prop. Code §24.0061). The writ fee is county-set, so no statewide figure is published here.

Appeals change courts — and restart the fees

Either side may appeal to county court within five days of the justice court judgment, under Rule 510.9, by filing an appeal bond or a Statement of Inability to Afford Payment of Court Costs. The appeal is a fresh case in county court with its own county-set filing charges, and a tenant who appeals a nonpayment judgment must deposit rent into the court registry to stay in possession during the appeal. Because county court fees are set locally, this page publishes no appeal figure — ask the county clerk before the five days run.

Can't afford the fee?

A filer who cannot pay may file a Statement of Inability to Afford Payment of Court Costs in place of the fees, as the fee waiver guide explains. Tenants facing eviction should know the filing fee is the landlord's cost, not a charge for being sued — a tenant's own outlay begins only if they appeal. National comparison: eviction filing costs, with deep-dives for California and Florida.

Sources: Tarrant County Justice Courts — eviction case guidance and fees effective January 1, 2026 (filing $54; constable service $90 per person; rent claim up to $20,000) · Gillespie County Justice Courts — eviction information (filing $54; service $85 per person; trial 10–21 days) · Dallas County Justice of the Peace published fees (service $80 per defendant) · Tex. Prop. Code ch. 24 (§§24.005, 24.0061); Texas Rules of Civil Procedure, Rule 510. Last verified: October 2026 — confirm current figures with the justice court.