Landlord Eviction Attorneys
Austin & Central Texas

Troilo Law Firm


Our attorneys at the TROILO LAW FIRM represent landlords in eviction proceedings (also referred to as forcible entry and detainer lawsuits) before Justice of the Peace Courts and the County Courts at Law throughout Central Texas.

The residential eviction process in Texas is a formal procedure that is governed by the TEXAS PROPERTY CODE and TEXAS RULES OF CIVIL OF PROCEDURE (for assisted housing, see our section on public housing authorities). If a tenant defaults under a lease agreement and the landlord wants to recover possession of the property, the landlord must first deliver a written Notice to Vacate to the tenant. The landlord must give the tenant at least three days to vacate, unless a written lease sets a different time period—for example 24 hours. Texas law provides several delivery methods for the landlord to deliver the Notice to Vacate to the tenant; but note, it is best to have proof that the tenant actually received the notice. If the tenant fails to vacate by the move-out date indicated on the Notice to Vacate, the landlord may file an eviction lawsuit in the Justice of the Peace Court precinct in which the property is located. The court will set the eviction case for trial. On the trial date the landlord must appear and be prepared to present its case to the judge. After considering the evidence and listening to the arguments of the parties, the judge will issue and sign a judgment. Each party will have five days from the date of the judgment to appeal to the County Court at Law. If the judgment is in favor of the landlord, and the tenant does not appeal, then on the sixth day the landlord may request a writ of possession – a court order directing the constable or sheriff to (post notice and) place the landlord in possession of the property.

It can be difficult for a Landlord to navigate the technical eviction procedures in Texas, especially the Code of Federal Regulations that apply to subsidized housing. At the TROILO LAW FIRM our attorneys are well versed in the TEXAS PROPERTY CODE and TEXAS RULES OF CIVIL PROCEDURE and have handled thousands of tenant evictions cases and foreclosure eviction cases in Texas. We are intimately familiar with the Justice of the Peace Court judges and court staffs and appear and handle eviction related litigation in these courts on a daily basis. Additionally, we are very familiar with eviction appeals to the County Courts at Law, including eviction appeal bonds and pauper’s affidavit process. TLF attorneys have also handled appeals in the Texas Third Court of Appeals, Eighth Court of Appeals, and in the Texas Supreme Court.

If you are a landlord seeking to evict a non-paying tenant, or to evict a tenant based on other grounds such as material breach of the lease agreement, the TROILO LAW FIRM can assist you. Contact us today at (512) 391-9117 or visit our Contact Us page to schedule a free consultation.

The TROILO LAW FIRM: your legal solution to property management issues.