The Eviction Process in Dallas Texas
The first step in any Texas eviction (except for mobile homes in mobile home parks) is to provide the tenant a notice to vacate. You can learn more about notices to vacate here.
All eviction lawsuits for properties located within the city of Dallas must be filed in a Dallas County Justice of the Peace Court. Dallas Justice of the Peace Courts are broken down geographically into precincts. Properties located within a particular Justice of the Peace’s precinct must be filed with that precinct. There IS a process to identifying which Justice of the Peace precinct your rental property is in.
When an eviction lawsuit is filed in a Dallas Justice of the Peace Court, the clerk will immediately schedule the eviction trial. Clerks typically schedule eviction trials about three to four weeks from the day the eviction lawsuit is filed. If a landlord wins in an eviction trial, the tenant will be given 5 days to appeal. After this 5 day appeal period, the landlord may request a writ of possession. After the Justice of the Peace signs the writ of possession, the Constable for the same Justice of the Peace precinct will coordinate with the landlord or the landlord’s attorney to schedule a forced move out. Thirty days following an eviction judgment, the landlord may start taking steps to have the judgment reported on the tenant’s credit by abstracting the judgment.
Dallas Eviction Courts
Dallas County is split into five Justice of the Peace precincts. Each Justice of the Peace precinct includes two Justices of the Peace. These two Justice of the Peace courts are designated as “Place 1” and “Place 2.” One of the greatest advantages of using an experienced Dallas eviction attorney is that your attorney will know which of your two judges have a judicial temperament that is best suited for landlords.
Some portions of the City of Dallas spill over into counties other than Dallas County. If you are in one of these areas, you must file your eviction within the assigned Justice of the Peace court within that area’s respective county.