Texas Eviction Process: Notice, Court and Timeline for Landlords

Last updated November 14, 2026. Citations come from the Texas statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

A Texas eviction starts with a written notice to vacate, then a sworn petition in the justice court of the precinct where the property sits, and it ends with a writ of possession executed by an officer. The rules are in Property Code Chapter 24 and the Texas Rules of Civil Procedure. This guide walks through the statutory steps landlords follow and what each deadline is.

Step 1: the notice to vacate

A tenant under a written lease or an oral rental agreement who defaults or holds over must get at least 3 days’ written notice to vacate before the landlord files a forcible detainer suit, unless the lease sets a shorter or longer period (Property Code Sec. 24.005(a)).

If the tenancy ends only for nonpayment and the tenant was not previously late, the notice must be a notice to pay rent or vacate.

The notice can be sent by mail (first class, registered, certified or by a delivery service), left inside the premises in a conspicuous place, hand delivered to any tenant 16 or older or, if the parties agreed in writing, sent by email or other electronic means (Sec. 24.005(f-3)). If a person entered by forcible entry, the owner gives oral or written notice to vacate before filing (Sec. 24.005(d)).

When a buyer at a tax or trustee foreclosure sale takes a building with a residential tenant who pays on time and is not in default, the buyer must give at least 30 days’ written notice to vacate if it does not continue the lease (Sec. 24.005(b)).

Step 2: file in justice court

An eviction suit is filed in the justice court of the precinct where the property is located (Sec. 24.004). The petition must be sworn (Sec. 24.00505). Counterclaims and joinder of third parties are not allowed, and the justice court cannot decide title to the property (Sec. 24.0041). Courts cannot add local petition requirements or order pretrial mediation (Sec. 24.00506).

The Texas Supreme Court amended Rule 510 of the Rules of Civil Procedure, which governs eviction cases, with an effective date of January 1, 2026. We read only the court’s preliminary-approval order, so check the current text of Rule 510 on txcourts.gov for petition contents and joinder of unpaid rent.

Step 3: service and trial

• The sheriff or constable must make a diligent effort to serve the citation by the 5th business day after filing. If it is not served, the landlord can use another trained officer (Sec. 24.0051(f)).
• Trial is held not earlier than the 10th day or later than the 21st day after filing, and not earlier than the 4th day after service. It cannot be postponed more than 7 days unless the parties agree in writing (Sec. 24.0051(g)).
• A landlord can file a sworn motion for summary disposition. The tenant can defeat it by filing a response with supporting facts by the 4th day after service (Sec. 24.005106).
• In justice court, parties can appear themselves or through an authorized agent who need not be an attorney (Sec. 24.011).

Chapter 24 counts weekends and holidays, but a deadline that lands on one moves to the next day that is not (Sec. 24.0042).

Step 4: judgment and writ of possession

A prevailing landlord gets a judgment for possession and a writ of possession. The writ cannot issue before the 6th day after judgment unless a possession bond is filed and approved (Sec. 24.0061). The officer posts a warning on the front door saying the writ will be executed not sooner than 24 hours later. The officer can use reasonable force, and the tenant’s belongings are placed outside the unit.

Either side can appeal by filing a bond, a cash deposit or a statement of inability to pay costs by the 5th day after the judgment is signed (Sec. 24.005107). In a residential appeal the tenant must pay rent into the court registry, with the first payment due within 5 days of filing, or risk a writ without a hearing (Sec. 24.0053).

Attorney's fees

To recover attorney’s fees, the landlord must send a written demand to vacate by registered or certified mail at least 10 days before suit. It must say fees can be recovered if the tenant does not vacate before the 11th day after receipt, unless a written lease already provides for fees (Sec. 24.006).

How to sell a house in Texas when you have a problem tenant

1. Tell us whether the house is occupied and whether there is a lease. We can often buy with the tenant in place or on a timeline that works with an eviction.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Texas.

Texas eviction FAQ

How long is the notice to vacate in Texas?

At least 3 days in writing unless the lease sets a different period (Property Code Sec. 24.005(a)).

Where do I file an eviction in Texas?

In the justice court of the precinct where the property is located (Sec. 24.004).

How long does a Texas eviction take?

Trial is set between the 10th and 21st day after filing, and a writ cannot issue before the 6th day after judgment (Secs. 24.0051 and 24.0061). Appeals add time.

Can I evict a tenant without a court order?

No. Only an officer executing a writ of possession can remove a tenant after judgment (Sec. 24.0061).

Sources

• Texas Property Code, Chapter 24 (Landlord and Tenant, Forcible Entry and Detainer)
• Texas Supreme Court order amending Rule 510 (Misc. Dkt. No. 25-9105)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Texas attorney or tax professional.