Filing an Eviction in Bexar County: The JP Court Process for San Antonio Landlords

An eviction in Bexar County is a Justice of the Peace court action, not a police call and not a lockout. If a tenant stops paying or violates the lease, the landlord's only lawful path to recover possession is: written notice to vacate, a forcible detainer petition filed in the correct JP precinct, a hearing 10–21 days later, a judgment, and — if the tenant does not leave — a writ of possession executed by a constable. Doing any step out of order, or skipping the notice, resets the clock and can expose you to statutory damages under Texas Property Code § 92.0081 (the anti-lockout statute) and § 92.331 (retaliation).

Budget four to eight weeks from the first missed rent check to boots-out, assuming the tenant does not appeal. If they appeal to county court, add another 30–60 days. That timeline is the single most important thing to understand before you file, because it tells you whether cash-for-keys makes more sense than court.

Step 1: The 3-day notice to vacate (§ 24.005)

Before you can file, you must deliver a written notice to vacate under Texas Property Code § 24.005. The default period is three days, but read your lease — many TAA leases specify a shorter period (often 24 hours for non-payment) and the lease controls if it says so in writing.

Delivery methods that hold up in JP court:

• Hand-delivered to the tenant or anyone in the unit 16 or older
• Affixed to the inside of the main entry door
• Mailed by regular mail, registered, or certified return receipt requested
• Affixed to the outside of the main entry door if the unit has no mailbox and there are keyless deadbolts preventing interior posting (§ 24.005(f-1))

Date the notice. Keep a copy. Photograph it on the door with a timestamp if you post it. The judge will ask how and when you delivered it, and "I told him" is not an answer.

What the notice must say

It must clearly demand that the tenant vacate and state the deadline. If you are terminating for non-payment, say so. If you are terminating a month-to-month tenancy under § 91.001, you need 30 days' notice ending on the rent-due date, not three — those are different animals and JP judges catch the mix-up constantly.

Step 2: File in the correct JP precinct

Bexar County has four Justice of the Peace precincts, and the petition must be filed in the precinct where the property sits. File in the wrong one and the case gets dismissed or transferred, costing you two to three weeks.

Precinct	General area	Court location
JP 1	Central / downtown / near west	Paul Elizondo Tower area
JP 2	East / northeast including parts of Converse	East side substation
JP 3	South / southwest	South side substation
JP 4	North / far north including Stone Oak (78258) and parts of Helotes	North substation

Call the clerk or check the Bexar County JP court locator with the property address before filing — precinct lines do not follow ZIP codes cleanly. Filing is done through eFileTexas.gov; walk-in filing still exists but the electronic route is faster and generates cleaner service records.

Filing fees run roughly $46 base plus service fees per defendant (constable or private process server). Name every adult occupant on the petition — "John Doe and all other occupants" is a common phrasing, but list known adults by name to avoid re-service later.

Step 3: Service and the hearing date

Once filed, the constable or process server has to serve the tenant at least six days before the hearing. The court sets the hearing between 10 and 21 days out. If service fails on the first attempt, the constable can post an alternative service under Rule 510.4 with judge approval — but that adds days.

Show up to the hearing with:

• Certified copy of the signed lease
• Ledger showing rent charged, payments received, and current balance
• Copy of the notice to vacate with proof of delivery (photos, certified mail receipts, or an affidavit)
• Any relevant correspondence — texts, emails, pay-or-quit responses
• Your government-issued ID

If the tenant does not appear, you get a default judgment. If they do appear, the judge hears both sides and rules the same day in almost every case.

Step 4: The 5-day appeal window

After judgment, the tenant has five days to appeal to Bexar County Court at Law. This is where landlords get burned. You cannot get a writ of possession during those five days. If the tenant files an appeal bond or a pauper's affidavit under Rule 510.9, the case goes to county court and you are looking at another month or two, plus the tenant may only be required to pay rent into the court registry going forward — not the back rent.

If the five days pass with no appeal, you request the writ of possession from the JP clerk. There is usually another fee (around $150–$200 for issuance plus constable execution).

Step 5: The writ and the 24-hour warning

Once issued, the constable posts a 24-hour warning on the door. After 24 hours, the constable returns, supervises removal, and gives you possession. You are responsible for the physical move-out — the constable does not haul furniture. Have a locksmith and a labor crew scheduled the morning of execution.

Tenant property left behind falls under § 24.0062 — you must store it and follow the statutory notice process before disposal. Read that section before you touch anything.

Realistic timeline and cost

For an uncontested Bexar County eviction:

• Day 0: Serve 3-day notice
• Day 3–4: File petition
• Day 13–24: Hearing, judgment same day
• Day 29: Appeal window closes
• Day 30–31: Writ issued, 24-hour warning posted
• Day 32: Possession restored

Out-of-pocket: $250–$450 in court and constable fees, plus lost rent, plus turnover costs. A contested case with an appeal easily hits 60–90 days and $1,500+ if you hire counsel.

What most people get wrong

• Changing the locks or cutting utilities to force a move-out. This is a lockout under § 92.0081, and the tenant can recover one month's rent plus $1,000, actual damages, court costs, and attorney's fees. Even if they owe you $5,000, do not do this.
• Accepting a partial payment after serving the notice to vacate. In Texas, accepting rent after the notice can waive the notice unless your lease has a non-waiver clause and you documented that the payment is applied to back rent, not future occupancy. Use a written partial-payment agreement or refuse the money.
• Filing in the wrong precinct. Stone Oak addresses are not JP 2. Converse straddles precincts. Verify with the clerk before you e-file.
• Skipping the ledger. Judges want to see a dated, line-item rent ledger. A handwritten "he owes me $3,200" fails on credibility. Print it from your property management software or build a simple spreadsheet with dates.
• Filing during the § 92.108 retaliation window. If the tenant recently requested a repair in writing or contacted Code Enforcement, filing within six months creates a presumption of retaliation. You can still win, but you need clean documentation that the eviction is for non-payment or another independent lease breach.
• Assuming a military tenant can be evicted normally. Active-duty servicemembers get protections under the SCRA (50 U.S.C. § 3931). Judgment against an absent servicemember without an affidavit of military status can be reopened. Check DMDC before you file.

When to skip court entirely

If the tenant is 30 days behind, unresponsive, and clearly leaving, cash-for-keys often beats litigation. Offering $500–$1,500 to be out by a specific date with the keys on the counter and the unit broom-clean saves you the two months of lost rent an appeal can cost. Get the agreement in writing, signed, with a mutual release.

If you are managing multiple properties or you have never done this before, hire a Texas eviction attorney for the first one. Flat-fee representation in Bexar JP courts typically runs $350–$600 for an uncontested case, and it is worth it to watch how the local judges run their dockets.

For landlords who would rather not deal with any of this, browse vetted property managers and landlord-side agents on HomeFinder at /agents, or list your rental to reach qualified San Antonio tenants at /list-your-home. More landlord resources are at /resources.