The Texas eviction process and timeline

Before anything else: no self-help

Texas strictly limits a landlord's ability to change locks for unpaid rent, requires notice and a way for the tenant to get a new key, and generally prohibits cutting off utilities to force a tenant out (Property Code Chapter 92). Removing a tenant's belongings or blocking entry outside the court process exposes a landlord to penalties and damages. The lawful path is the eviction suit.

The stages at a glance

Weekends, holidays and court calendars affect how these periods play out, and the Texas Rules of Civil Procedure (Rule 510) control the details of computation.

Step by step

1. Check the lease and any federal overlay. Confirm the notice period in the lease. If the property has a federally backed mortgage or takes part in a federal housing program, federal rules may require a longer notice. Under §24.005, a landlord who gives the state notice may file without waiting, but the writ cannot be served until the federal notice period has run.
2. Give the right kind of notice. For nonpayment by a tenant who was not late before the month of the notice, the notice must be a notice to pay rent or vacate. If the tenant was late before, either that form or a plain notice to vacate may be used. Holdover cases must also meet the tenancy termination rules in §91.001.
3. Deliver it properly. Section 24.005 allows mail (including first-class, registered or certified mail or a delivery service), delivery to the inside of the premises in a conspicuous place, hand delivery to a tenant aged 16 or older, or email or other electronic means if the parties agreed in writing. Actual receipt also suffices.
4. File a sworn petition in the justice court precinct where the property is located, with the contents the Rules of Civil Procedure require. A claim for unpaid rent can be included.
5. Consider summary disposition. A landlord may file a sworn motion for summary disposition with the petition, attaching the supporting documents. If the tenant does not show a genuine factual dispute, the court can rule without a full trial (§24.005106). If there is a genuine dispute, the case is set for trial within the same 10-to-21-day window.
6. Prepare for trial. Bring the lease, the notice and proof of delivery, the rent ledger, payment records and any communications. Courts may allow appearances by video or phone if the parties agree.
7. Judgment. A landlord who prevails gets a judgment for possession, and may get a judgment for unpaid rent and, where the lease allows, attorney's fees.
8. Appeal window. Either party may appeal to county court within five days. A tenant who appeals must affirm under penalty of perjury a good-faith belief in a meritorious defense. In a residential case, the judgment states the rent to be paid during any appeal. A tenant who fails to pay it into the court registry as required can face a writ of possession issued without a hearing (§§24.0053–24.0054).
9. Writ of possession. If the tenant has not left and there is no timely appeal, the landlord requests the writ. The officer posts a warning at least 24 hours before executing it, then delivers possession and has belongings placed outside, not while it is raining, sleeting or snowing.

Documents to have ready

• Signed lease and all addenda, including rules and the late-fee provision.
• A copy of the notice to vacate and proof of how and when it was delivered.
• A rent ledger showing charges, payments and the balance.
• Any written agreement allowing electronic notice.
• Photos or reports if the case is about a lease violation rather than rent.
• For an entity landlord, proof of who may represent it in justice court.

After a foreclosure

A buyer at a foreclosure sale who takes property occupied by tenants faces extra rules. Under §24.005, a buyer at a trustee's or tax foreclosure sale under a lien superior to the lease must give a residential tenant who is current on rent at least 30 days' written notice to vacate if the buyer chooses not to continue the lease. Federal law can require more for bona fide tenants. The foreclosure auction guide covers this in more detail.

Common questions

How long does an eviction take in Texas?

For cases filed on or after January 1, 2026, trial must be held 10 to 21 days after filing, and a writ of possession cannot issue before the sixth day after judgment. Adding those periods to a three-day notice and the time to serve the writ, an uncontested case can run about three to six weeks from notice to possession, depending on the court's calendar and service. That is arithmetic from the statute, not a measured average. An appeal adds time.

Can a Texas landlord accept partial rent after giving notice?

Accepting rent after notice can complicate the case, depending on the lease wording and the facts. Many leases address this. Ask an attorney before accepting payment during an eviction.

Do I need a lawyer to file an eviction in justice court?

Individuals can represent themselves in justice court, and the rules allow some representation of entities by non-lawyers. Because a defective notice or petition can cost weeks, many landlords use an attorney.

What changed with SB 38?

Among other things, it set the 10-to-21-day trial window, created summary disposition, limited local rules that add pre-trial requirements, set a deadline for serving writs, and standardized how notices can be delivered. It applies to cases filed on or after January 1, 2026.

Related guides

• Texas landlord-tenant law basics
• Texas security deposit return rules
• Texas foreclosure auctions explained

The Texas State Law Library keeps a public guide to the eviction process with links to the current rules and forms.