Comal County Texas Landlord-Tenant Law: New Braunfels, Canyon Lake, and the Three-County Schertz Problem
There’s a reason Comal County keeps showing up on fastest-growing lists. New Braunfels sits at the geographic sweet spot between two of the largest and most economically powerful metros in the South — San Antonio and Austin — and it has managed to absorb demand from both simultaneously while maintaining the Hill Country character that made it attractive in the first place. For landlords, that combination has created one of the most dynamic rental markets in Texas, with demand that remains strong even as some of the pandemic-era rent runup has moderated. Understanding how to operate correctly in this county — especially the filing rules — is the foundation of everything else.
The Schertz Problem Every Landlord Must Understand
Before discussing anything else about Comal County, there is one local fact that every landlord in this market needs to internalize: the city of Schertz straddles three separate counties — Comal, Bexar, and Guadalupe. This is not a technicality. It has direct, immediate consequences for where you file an eviction. Texas law requires that eviction petitions be filed in the JP court for the precinct of the county where the rental property is physically located. A Schertz mailing address tells you nothing about which county your property actually sits in. Two properties on the same street in Schertz can be in different counties, subject to different tax rates, served by different JP courts, and requiring filings in entirely different courthouses.
If your Schertz property is in Comal County, you file at the appropriate Comal County JP court. If it’s in Guadalupe County, you file in Guadalupe County. If it’s in Bexar County, you file in Bexar County. Filing in the wrong county is a mandatory dismissal — the court has no discretion to transfer or hold the case. Before you ever need to evict, determine which county your property is in. Use the Comal County Appraisal District, the Guadalupe CAD, or the Bexar CAD online lookup tools. Your property tax statement will also identify the county. Do this once, record it, and keep it with your lease documents.
Comal County’s Four JP Precincts
Assuming your property is definitively in Comal County, the next step is identifying the correct precinct. Comal County operates four JP courts. JP Precinct 1, with Judge Tom Clark at 145 David Jonas Drive in New Braunfels, serves the eastern and central portions of the county including much of the city of New Braunfels along the US-46 and IH-35 corridors. JP Precinct 2, where Judge James “Rick” Walker presides at 30470 Cougar Bend in Bulverde, serves the Bulverde area and the northern portions of the county that feed the San Antonio exurban market. JP Precinct 3, under Judge Mark Long at 3079 W. San Antonio Street in New Braunfels, covers the western New Braunfels area including portions near the US-46 and FM 306 corridors. JP Precinct 4, with Judge Ashley Evans at 160 Oak Drive in Sattler, serves the rural southern and western portions of the county including Canyon Lake, Spring Branch, Sattler, and the Guadalupe River recreation corridor. All four courts operate Monday through Friday, 8 AM to 4 PM.
One procedural note specific to JP Precinct 4: after filing, the landlord is responsible for calling the court within three days to confirm the hearing date. The court prepares a citation and sends it to the Constable for service, but the plaintiff must stay in active contact with the court to track the hearing schedule. This is standard Texas JP practice but worth knowing explicitly for the Sattler court, which serves a large, spread-out geographic area.
The Canyon Lake and River Corridor STR Market
Comal County’s rural western and southern areas — Canyon Lake, Spring Branch, the Guadalupe River corridor, and the Gruene area near New Braunfels — generate some of the strongest short-term rental demand in the Texas Hill Country. The Guadalupe River is a premier tubing and kayaking destination drawing visitors year-round, and Canyon Lake is a major recreational boating and camping destination. Landlords in these areas frequently operate vacation rentals and face a distinct set of considerations.
The most important STR legal risk in this corridor is the guest-to-tenant status problem. Under Texas law, a person who occupies a dwelling with the owner’s consent for more than a certain period, or who establishes a pattern of recurring occupancy that resembles a tenancy, can acquire tenant rights that require a formal eviction to remove — even if the original arrangement was framed as a short-term rental. Using legitimate STR platform agreements through Airbnb or VRBO helps establish the transactional character of the stay, but landlords who rent directly, allow extended stays, or accept recurring month-to-month arrangements from the same occupant should be aware that those arrangements can evolve into a landlord-tenant relationship with full eviction protections. If you’re operating informal direct-booking STRs in the Canyon Lake or river corridor area, consult a Texas attorney about how to structure your agreements.
For properties within the City of New Braunfels, short-term rentals are subject to city STR regulations. Verify current rules with the City of New Braunfels Development Services Department before listing. Properties in unincorporated Comal County have more flexibility but should confirm that deed restrictions and any applicable HOA rules permit STR use.
Military Tenants and SCRA Obligations
The Schertz portions of Comal County sit near Randolph Air Force Base, one of the primary Air Force installations in the San Antonio metro. Landlords with properties in the Schertz and Garden Ridge areas of Comal County will encounter active-duty military tenants regularly. The federal Servicemembers Civil Relief Act gives active-duty servicemembers the right to terminate a lease early upon receiving deployment or permanent change of station orders, with 30 days’ written notice and a copy of the orders. Landlords may not charge early termination penalties or withhold security deposits for an SCRA-qualifying early exit. Understanding this before you sign a lease with a military tenant — and pricing it into your leasing decisions accordingly — is far better than discovering it at the moment of termination.
Security Deposits, Notices, and the Standard Texas Framework
Texas Property Code § 92.103 requires the return of the security deposit within 30 days of the tenant surrendering the property, along with an itemized written accounting of any deductions. The bad-faith penalty under § 92.109 — $100 plus three times the wrongfully withheld amount plus attorney’s fees — applies throughout Comal County exactly as it does anywhere in Texas. At New Braunfels rent levels of $1,250–$1,500/month, a typical deposit of $1,250–$1,500 generates potential bad-faith exposure of $3,850–$4,600 before legal fees. Document move-in and move-out conditions with timestamped photographs and a signed move-in checklist. Mail the accounting by certified mail within the deadline.
For evictions, the three-day Notice to Vacate is required for nonpayment and lease violations before filing. Month-to-month tenancies require one full month’s notice running from one rent period to the next. Self-help eviction — changing locks, cutting utilities, removing the tenant’s belongings — is prohibited under §§ 92.008 and 92.0081 and carries significant civil liability. Texas eviction law changed on January 1, 2026; verify current notice language and filing procedures directly with the relevant Comal County JP court before initiating any action.
This page is provided for general informational purposes only and does not constitute legal advice. Verify current eviction procedures with the appropriate Comal County JP court before filing. Evictions filed in the wrong precinct or wrong county will be dismissed. Schertz landlords must confirm which county their property is in before filing. Consult a licensed Texas attorney for specific guidance. Last updated: March 2026.
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