Texas Eviction Process 2026: Step-by-Step Timeline
Texas changed its eviction rules for cases filed on or after January 1, 2026 (Senate Bill 38 and new court rules). Here’s the order things happen and how long each step takes.
The eviction timeline
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Notice to vacate At least 3 days
Written notice, unless the lease sets a different period. For some unpaid-rent cases, a notice to pay or vacate comes first. Some federally backed properties need 30 days.
Tex. Prop. Code § 24.005
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Landlord files in justice court After the notice period ends
Filed in the justice of the peace precinct where the property is.
Tex. R. Civ. P. 510.3
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Tenant is served At least 4 days before trial
If two tries fail, the judge can allow service by mail plus posting on the door.
Tex. R. Civ. P. 510.4
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Trial 10 to 21 days after filing
No written answer is required in justice court. A tenant can ask for a jury at least 3 days before trial.
Tex. R. Civ. P. 510.4(a), 510.6, 510.7
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Appeal window 5 days after judgment
Either side can appeal to county court.
Tex. R. Civ. P. 510.9
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Writ of possession Can be requested on day 6 after judgment
The constable serves it within 5 days. It can't issue more than 60 days after judgment (90 for good cause).
Tex. Prop. Code § 24.0061; Tex. R. Civ. P. 510.8
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Final warning, then removal 24 hours
The constable posts a 24-hour warning before removing the tenant and belongings.
Tex. Prop. Code § 24.0061
For tenants
- Go to the hearing. If you don’t, you’ll almost certainly lose by default.
- Bring proof: rent receipts, texts, photos of repair problems.
- Ask about rental assistance and eviction diversion at the hearing; some courts can pause a case while help is arranged.
- Free legal help: TexasLawHelp.org lists legal aid offices by county.
For landlords
- Get the notice to vacate exactly right. A bad notice is the most common reason a case gets thrown out.
- Check whether the property is federally backed; those can need 30 days’ notice.
Sources
Common questions
How long does an eviction take in Texas?
Often about three to five weeks from the notice to vacate to removal if the tenant doesn't appeal: at least 3 days' notice, a trial 10 to 21 days after filing, 5 days to appeal, then the writ of possession and a 24-hour warning.
Can a landlord change the locks or remove my things without going to court?
No. In Texas, only a constable acting on a court's writ of possession can remove a tenant. Lockouts are allowed only in narrow cases with required notice, and the landlord must give a new key on request.