The Texas Eviction Process, Step by Step (2026)
Updated July 2026 · StateNoticePro Editorial
Texas is one of the fastest eviction states in the country. An uncontested nonpayment eviction typically takes three to six weeks from notice to lockout. Here's the exact sequence and where each day goes.
Step 1: Serve the 3-day notice to vacate (Day 1–3)
Under Tex. Prop. Code § 24.005, you must give the tenant at least 3 days' written notice to vacate before filing — unless your lease specifies a shorter or longer period (many Texas leases reduce it to 24 hours or extend it; check yours first).
The notice can be delivered in person to the tenant or anyone 16+ at the premises, by mail, or by securely affixing it to the inside of the front door (outside posting is allowed only in limited circumstances). Generate a compliant notice in two minutes with our free Texas notice generator.
Step 2: File in justice court (Day 4–7)
After the notice period expires, you file an eviction petition (forcible detainer) in the justice of the peace court for the precinct where the property sits. Filing fees vary by county but typically run $120–$185 including service costs. The court sets a hearing date no sooner than 10 days and no later than 21 days after the petition is filed.
Step 3: The hearing (Day 14–28)
Most nonpayment cases are straightforward: you bring the lease, the ledger showing unpaid rent, a copy of the notice to vacate, and proof of how it was served. If the tenant doesn't appear, you get a default judgment. If they contest, the judge decides the same day in most JP courts.
Step 4: The appeal window (5 days)
After judgment, the tenant has 5 days to appeal to county court. Most tenants don't appeal — but if they do, the case is heard fresh and the timeline extends by several weeks. During the 5-day window you cannot yet remove the tenant.
Step 5: Writ of possession (Day 20–35)
If the tenant hasn't left after the appeal window closes, you request a writ of possession. The constable posts a 24-hour warning on the door, then returns to supervise the physical removal. Only the constable may remove the tenant — changing locks yourself is an illegal lockout under Texas law, even at this stage.
Texas eviction timeline at a glance
| Stage | Time | Governing rule |
|---|---|---|
| Notice to vacate | 3 days (lease may vary) | Prop. Code § 24.005 |
| File to hearing | 10–21 days | Tex. R. Civ. P. 510 |
| Appeal window | 5 days | Tex. R. Civ. P. 510.8 |
| Writ + 24-hour notice | 2–7 days | Prop. Code § 24.0061 |
| Typical total | 3–6 weeks |
Common Texas-specific mistakes
- Ignoring the lease's notice clause. If your lease sets a different notice period than 3 days, the lease controls. Read it before serving.
- Suing for rent above the JP court limit. Justice courts handle claims up to $20,000; larger arrears may need to be split or pursued separately.
- Sloppy service documentation. Texas judges routinely ask exactly how and when the notice was delivered. Note the date, time, method, and take a photo if posting.
- CARES Act properties: if the property has a federally backed mortgage or accepts federal housing subsidies, a 30-day notice may still be required instead of 3 days. Verify before serving.