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El Paso County Texas
El Paso County · Texas

El Paso County Landlord-Tenant Law

Texas landlord guide — county ordinances, courthouse info & local rules

📍 County Seat: El Paso
👥 Pop. ~870,000
⚖️ 8 JP Courts • County Courts at Law
🏙️ Texas–Mexico–New Mexico Tri-State Border City

El Paso County Rental Market Overview

El Paso County occupies the far western tip of Texas, pressed against the Rio Grande and the New Mexico state line, with the Mexican city of Ciudad Juárez directly across the border. With approximately 870,000 residents, El Paso is the eighth most populous county in Texas and the anchor of one of the largest binational metropolitan areas in the world. The city of El Paso is the county seat and sole major municipality, though smaller communities including Horizon City, Socorro, Anthony, and Clint round out the county’s geography. El Paso’s economy is uniquely shaped by three forces that together make it unlike any other large Texas market: the United States Army’s Fort Bliss — one of the largest military installations in the country by land area and one of the most significant sources of steady rental demand in the western United States — the University of Texas at El Paso (UTEP), and the massive binational trade and manufacturing economy that flows across the ports of entry connecting El Paso and Juárez.

El Paso is one of the most affordable large rental markets in Texas. Average one-bedroom rents run approximately $890–$1,004/month citywide as of early 2026, with rents up modestly about 1.5% year-over-year. Vacancy rates are tight at roughly 4%, supported in large part by consistent military demand from Fort Bliss. El Paso County operates 8 JP courts across 7 precincts — Precinct 6 has both a Place 1 and a Place 2. The eviction filing fee is $154, and the Writ of Possession is $250–$255, both of which include the Constable service fee for one defendant.

📊 Quick Stats

County Seat El Paso
Population ~870,000 (2024 est.)
Key Communities El Paso, Horizon City, Socorro, Anthony, Clint, Fabens, San Elizario
Court System 8 JP Courts (7 precincts; Pct. 6 has Place 1 & Place 2); County Courts at Law (appeals)
Avg. Rent (1BR) ~$890–$1,004/mo
Eviction Filing Fee $154 (incl. Constable service, 1 defendant)
Writ of Possession $250–$255
Rent Control None

⚡ Eviction At-a-Glance

Nonpayment Notice 3-Day Notice to Vacate
Lease Violation 3-Day Notice to Vacate
Month-to-Month Term. 1-Month Written Notice
Eviction Filing Fee $154 (incl. 1 Constable service)
Additional Defendant +$100 per additional defendant
Writ of Possession $250–$255
Eviction Timeline 3–6 weeks typical
Security Deposit Return 30 days after surrender
Statute Tex. Prop. Code §§ 92.001 et seq.; 24.001–24.011

El Paso County Ordinances & Local Rules

Topic Rule / Notes
Rental Licensing No county-level rental license required. Texas has no statewide landlord licensing statute. The City of El Paso does not require a general residential rental registration for standard long-term leases. Verify any short-term rental permit requirements with the City of El Paso Development Services Department.
Rent Control None. Texas law preempts local rent control statewide. El Paso County and the City of El Paso have no rent stabilization ordinances. Landlords may raise rents freely at lease renewal with proper notice.
Security Deposit No statutory cap on amount. Must be returned with written itemized accounting within 30 days after tenant surrenders premises (Tex. Prop. Code § 92.103). Normal wear and tear is not deductible. Bad-faith retention: $100 + 3x wrongfully withheld amount + attorney’s fees (§ 92.109). After 30 days without return or accounting, bad faith is presumed by law.
Eviction Filing — Which JP Court? El Paso County has 8 JP courts across 7 precincts (Precinct 6 has Place 1 and Place 2). An eviction must be filed in the precinct where the rental property is located. Precinct boundaries have been redrawn — use the El Paso County address-based precinct search at epcounty.com before filing to confirm your precinct. Filings accepted via e-file (efiletexas.gov) or in person/by mail. Contact the court directly for current procedures.
All 8 JP Court Locations & Judges Pct. 1 (Judge Robert T. Pearson): 424 Executive Center, Suite 100, El Paso 79902 • (915) 273-3052
Pct. 2 (Judge Brian J. Haggerty): Contact jp2general@epcounty.com • Evictions: le.hernandez@epcounty.com
Pct. 3 (Judge Josh Herrera): Contact epcounty.com/jp/jp3.htm for address and hours
Pct. 4 (Judge Rebeca Bustamante): Contact epcounty.com/jp/jp4.htm for address and hours
Pct. 5 (Judge Lucilla Najera): Contact epcounty.com/jp/jp5.htm for address and hours
Pct. 6, Pl. 1 (Judge Ruben Lujan): 190 N. San Elizario Rd., Clint 79836 • (915) 273-3446
Pct. 6, Pl. 2 (Judge Enedina Nina Serna): 14608 Greg Dr., El Paso 79938 • (915) 273-3129
Pct. 7 (Judge Humberto Enriquez): Contact justicepeace7@epcounty.com or epcounty.com/jp/jp7.htm
All courts: Mon–Thu 8:00 AM–4:30 PM; Fri 8:00 AM–11:30 AM (hours vary by precinct). Confirm current info at epcounty.com/jp.
Eviction Filing Fee Details Filing fee for evictions is $154, which includes the Constable service fee for one defendant. Each additional defendant costs $100 more. Writ of Possession: $250–$255 (includes Constable execution fee). These are among the more specific verified fees in the series — confirm with your precinct court as rates may vary slightly by precinct and are subject to change after Jan 1, 2026.
Precinct Boundaries Redrawn Important: El Paso County JP precinct boundaries have been redrawn and accepted by the state. Precinct 2 specifically warns eviction filers to confirm the correct precinct before filing. Always use the epcounty.com address lookup rather than assuming your prior precinct still applies.
2026 Eviction Law Changes Major changes to Texas eviction law took effect January 1, 2026. Confirm all current filing requirements, forms, and procedures directly with your El Paso County JP court precinct before filing after that date.
Military Tenants (SCRA) Fort Bliss is one of the largest Army installations in the United States. El Paso County landlords will routinely lease to active-duty soldiers, their families, and civilian defense employees. Federal law (SCRA) and Texas Property Code § 92.017 allow military tenants to terminate leases early with proper notice and PCS or deployment orders. Include SCRA language in all leases. Service members may verify active-duty status at scra.dmdc.osd.mil.
Late Fees Must be in written lease. Not collectible until rent is 2 full days past due. Maximum: 12% of monthly rent for 1–4 unit structures; 10% for 5+ unit structures (Tex. Prop. Code § 92.019). Violation: $100 + 3x the excessive fee + attorney’s fees.
Self-Help Eviction Prohibited. Landlords may not remove locks, cut utilities, or interfere with possession (Tex. Prop. Code §§ 92.008, 92.0081). All evictions require a court-issued Writ of Possession executed by the El Paso County Constable for the appropriate precinct. Violations carry one month’s rent + $1,000 civil penalty + actual damages + attorney’s fees.

Last verified: March 2026 · Source: El Paso County JP Courts

🏛️ Courthouse Finder

🏛️ Courthouse Information and Locations for Texas

💵 Cost Snapshot

💰 Eviction Costs: Texas
Filing Fee 54-149
Total Est. Range $150-$500
Service: — Writ: —

Texas State Law Framework

⚡ Quick Overview

3
Days Notice (Nonpayment)
3
Days Notice (Violation)
25-45
Avg Total Days
$54-149
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice to Vacate
Notice Period 3 days
Tenant Can Cure? No - notice to vacate, not to pay. Tenant can pay during period but landlord not required to accept.
Days to Hearing 10-21 days
Days to Writ 5 days
Total Estimated Timeline 25-45 days
Total Estimated Cost $150-$500
⚠️ Watch Out

Texas notice is to vacate, not to pay. Landlord is not required to accept rent during notice period. Lease can shorten notice to 1 day or extend it. If tenant paid rent on time the prior month, landlord must give "Notice to Pay Rent or Vacate" instead. SB 38 (2025) streamlines squatter removal process.

Underground Landlord

📝 Texas Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the Justice of the Peace Court (Forcible Detainer). Pay the filing fee (~$54-149).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about Texas eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Texas attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: Texas landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Texas — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Texas's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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🔎 Notice Calculator

📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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🏘️ Communities & Screening Tips

Key communities: El Paso (Northeast near Fort Bliss, East side, Upper Valley/Westside, Central/UTEP corridor, Downtown, Mission Valley, Far East), Horizon City, Socorro, Anthony, Clint, Fabens, San Elizario.

Northeast El Paso / Fort Bliss corridor: Dominant military tenant market. Steady BAH income, reliable payment, higher PCS-driven turnover. Know your SCRA obligations. Budget for annual vacancy between military tenants. Northeast 1BR avg ~$875/month.

Upper Valley / Westside: Most affluent El Paso submarket. Established families, healthcare professionals. Larger SFH rentals $1,400–$2,500+. Low vacancy, longest tenancies.

Central / UTEP / Downtown: Student and young professional market. UTEP enrollment ~23,000 drives demand. Higher turnover, use co-signer requirements for students. Affordable: Downtown 1BR ~$725.

Bilingual documentation strongly recommended throughout El Paso County given the predominantly Spanish-speaking tenant population.

El Paso County Landlords

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El Paso County Texas Landlord-Tenant Law: Renting in the Sun City

El Paso occupies a singular place among Texas’s major cities. It sits 800 miles west of Houston, three time zones from Austin, and directly adjacent to both a foreign country and another U.S. state. Its economy runs on the Army, the university, cross-border trade, and healthcare. Its rental market is among the most stable in Texas — not because it is growing the fastest, but because Fort Bliss provides a floor of demand that keeps vacancy rates low and income profiles consistent across market cycles. For landlords seeking reliable long-term returns rather than speculative appreciation, El Paso has been a consistently underappreciated market.

Eight Courts, Seven Precincts, Redrawn Boundaries

El Paso County operates 8 JP courts across 7 precincts, with Precinct 6 split into Place 1 (in Clint) and Place 2 (on the east side near Horizon City). The eight judges are: Robert T. Pearson (Pct. 1), Brian J. Haggerty (Pct. 2), Josh Herrera (Pct. 3), Rebeca Bustamante (Pct. 4), Lucilla Najera (Pct. 5), Ruben Lujan (Pct. 6-1), Enedina Nina Serna (Pct. 6-2), and Humberto Enriquez (Pct. 7).

One fact every El Paso landlord needs to know before filing: precinct boundaries have been redrawn. Precinct 2 specifically warns eviction filers that boundaries have changed and to verify the correct precinct before filing. If you own property in El Paso County, do not assume the precinct is the same one you filed in before — use the address-based lookup at epcounty.com to confirm. Filing in the wrong precinct requires dismissal and refiling, with all associated cost and time delays.

The eviction filing fee in El Paso is $154, which bundles the court fee and the Constable service fee for one defendant. If your case names multiple defendants (common when both co-signers on a lease need to be served), add $100 per additional defendant. The Writ of Possession, which authorizes the Constable to physically remove the tenant, runs $250–$255 depending on precinct. These fees are among the most clearly specified of any Texas county — listed explicitly on each precinct’s website.

Fort Bliss: The Demand Floor

Fort Bliss is one of the largest Army installations in the United States by land area, and it is the single most important factor in El Paso’s rental market stability. The installation is home to tens of thousands of active-duty soldiers, and the broader Fort Bliss population — including family members and civilian employees — represents a significant share of total El Paso County housing demand. Unlike most other tenant populations, military demand is largely insulated from local economic cycles. When El Paso’s private sector slows, Fort Bliss employment does not. The BAH (Basic Allowance for Housing) soldiers receive is calibrated specifically to local rental market rates, is deposited reliably regardless of deployment status, and typically covers rent without stress.

The northeast El Paso submarket — closest to the base — averages approximately $875/month for a one-bedroom, and properties here have some of the lowest vacancy rates in the city. The tradeoff is PCS (Permanent Change of Station) turnover. Military tenants are excellent while they are here, but they will leave when orders come, and in most cases they will leave mid-lease. Both federal law (the Servicemembers Civil Relief Act) and Texas Property Code § 92.017 entitle active-duty military to break a lease with proper notice and documentation when receiving PCS orders or a deployment of 90 days or more. You cannot prevent this, and you cannot penalize them for it. The effective landlord response is to (1) build lease turnover costs into your rent pricing, (2) require clear SCRA language in the lease, and (3) treat military tenants as the reliable, repeatable revenue stream they are rather than as a churn liability.

El Paso’s Rental Submarkets

El Paso’s rental geography divides cleanly along a few major axes: proximity to Fort Bliss in the northeast, the University of Texas at El Paso in the central corridor, the affluent Upper Valley in the west, and the more affordable older neighborhoods in Central and East El Paso.

Upper Valley and Westside: El Paso’s most upscale residential area, running along the Rio Grande in the western portion of the city toward the New Mexico border. Gated communities, larger single-family homes, and premium apartments serve a tenant base of corporate executives, healthcare administrators, and established professional families. Two-bedroom rents average $1,400+ in this corridor. Tenants here have the longest average lease durations in the city and the lowest risk profiles.

Central El Paso / UTEP corridor: The University of Texas at El Paso enrolls approximately 23,000 students, many of whom are first-generation college students from El Paso and across the border. The neighborhoods surrounding UTEP and the downtown core offer some of the city’s most affordable rental stock, with one-bedrooms in Downtown El Paso starting around $725/month. Tenant profiles here are younger, more mobile, and more likely to involve co-signers. Require parents or guarantors to complete full applications for student tenants; the co-signer’s income is what actually backs the lease.

East El Paso and the Americas corridor: This is the city’s highest-rent submarket outside of the Upper Valley. The Americas neighborhood near Loop 375 and the Yarbrough area average one-bedrooms around $1,308 — the highest in the city. This area has seen significant retail and commercial development over the past decade and serves a working professional tenant base. Vacancy rates are tight and demand is consistent.

Horizon City and Socorro: Rapidly growing incorporated communities east of El Paso city limits that offer newer single-family housing stock at below-city prices. These markets serve young families priced out of the city proper and commuters who work in El Paso or at Fort Bliss. SFH rents typically run $1,200–$1,600.

Bilingual Operations in El Paso

Like Hidalgo County, El Paso is a predominantly Spanish-speaking market. Over 80% of El Paso’s population is Hispanic or Latino, and a substantial portion of the rental tenant base communicates primarily in Spanish. While Texas law does not require leases to be written in Spanish, conducting landlord-tenant business monolingually in English creates unnecessary dispute risk. Bilingual lease forms, bilingual Notice to Vacate documents, and bilingual move-in/move-out inspection checklists are standard practice among El Paso’s experienced property managers. The El Paso County JP courts provide Spanish-language eviction forms — use them.

One practical implication of El Paso’s bilingual culture: many residents have strong social and family networks that extend across the border into Ciudad Juárez. Rental demand in El Paso is sometimes driven by Mexican nationals or dual citizens who live primarily in Juárez but rent in El Paso for proximity to work, school, or healthcare. These tenants can be excellent — consistent payers with strong family support networks — but income verification requires looking beyond U.S. pay stubs. Bank statement analysis for the prior 12 months is more reliable than single pay stubs for cross-border workers whose income structure does not fit the standard W-2 mold.

Security Deposits and Operating Discipline

Texas imposes no cap on security deposit amounts, and at El Paso’s rent levels of $890–$1,100 for a one-bedroom, a standard one-month deposit is typical. The deposit must be returned with written itemized accounting within 30 days of the tenant surrendering possession. This is not 30 days from the end of the lease term — it is 30 days from when the keys come back. At El Paso’s rents, the triple-damages penalty for bad-faith withholding — $100 plus three times the wrongfully withheld amount — represents a meaningful liability on every security deposit you hold. Document every charge with photos and receipts. The distinction between normal wear and tear (not chargeable) and actual damage (chargeable) is where most deposit disputes begin.

This page is provided for general informational purposes only and does not constitute legal advice. Texas landlord-tenant law changed significantly on January 1, 2026. El Paso County JP precinct boundaries have been redrawn — verify your precinct at epcounty.com before filing any eviction. Military tenants are protected by both Texas Property Code § 92.017 and the federal Servicemembers Civil Relief Act. Consult a licensed Texas attorney for specific guidance. Last updated: March 2026.

🗺️ Neighboring Counties
⚠️ Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Landlord-tenant law is subject to change and may vary based on individual circumstances. Major changes to Texas eviction law took effect January 1, 2026. El Paso County JP precinct boundaries have been redrawn — verify your precinct at epcounty.com before filing. Military tenants are protected by both Texas Property Code § 92.017 and the federal Servicemembers Civil Relief Act. Consult a licensed Texas attorney for specific guidance. Last updated: March 2026.

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