Texas Eviction Timeline: Step-by-Step Process & Deadlines [2026]

Texas law requires landlords to give tenants a written notice to vacate at least 3 days before filing an eviction suit. However, the lease can modify this period to be shorter or longer. The notice does not need to state a reason for eviction, but for nonpayment cases, specifying the amount owed is best practice. The notice must be delivered in person or by mail at the premises.

• Default notice period is 3 days (lease can modify to shorter or longer)
• Notice must be delivered in person or by mail to the premises
• Weekends and holidays are counted in the notice period; if the last day falls on a weekend or holiday, the deadline extends to the next business day (§ 24.0042, effective 2025)
• Lease can waive the notice requirement entirely
• No specific form required, but must clearly state intent to evict

After the notice period expires, the landlord files a Forcible Detainer suit in the Justice of the Peace (JP) court in the precinct where the property is located. Texas has some of the lowest filing fees in the nation at $46-$54. The court clerk issues a citation to the tenant, which must be served at least 6 days before the trial date.

• Filing fee: $46-$54 (among the lowest in the US)
• Filed in Justice of the Peace court in the property's precinct
• Citation must be served at least 6 days before trial
• Service by personal delivery, posting on door, or by mail
• Case is set for trial between 10-21 days after filing

The trial is held in Justice of the Peace court. Texas eviction trials are relatively quick. Both parties can present evidence, and either side can request a jury trial (adds time and cost). The judge typically rules the same day. If the tenant fails to appear, the court enters a default judgment for the landlord.

• Trial typically held within 10-21 days of petition filing
• Either party can request a jury trial ($22 jury fee)
• Default judgment if tenant fails to appear
• Judge usually rules same day after hearing evidence
• Tenant can raise limited defenses (improper notice, repair issues)

If the court rules for the landlord, a judgment of possession is entered. The tenant has 5 calendar days to file an appeal to County Court. To appeal, the tenant must post a bond (typically one month's rent) and may be required to pay rent into the court registry during the appeal. If no appeal is filed, the landlord can request a Writ of Possession.

• 5-day appeal period after judgment
• Appeal goes to County Court for trial de novo (new trial)
• Tenant must post appeal bond (usually one month's rent)
• Appeal can add 2-3 weeks to the timeline
• If no appeal, landlord requests Writ of Possession

After the appeal period expires (or if the appeal is resolved), the landlord obtains a Writ of Possession. A constable or sheriff posts the writ on the property door, giving the tenant 24 hours to vacate. If the tenant does not leave within 24 hours, the officer returns to physically remove the tenant and supervise the landlord changing the locks.

• Writ of Possession issued after appeal period expires
• Constable/sheriff posts writ giving 24 hours to vacate
• Officer returns after 24 hours for physical removal if needed
• Landlord can change locks and take possession
• Tenant's property may be placed outside by officer