LandLawKit
TX

Texas Eviction Process

Court: Justice Court (Justice of the Peace), Precinct where property is located

Updated for SB 38 — the eviction rules in effect since Jan 1, 2026 What changed →

21 Min. days
(uncontested)
35 Typical days
210 Worst case
(contested)
Yes Self-rep OK?

Notice Types

3-Day

3-Day Notice to Pay Rent or Vacate

Nonpayment

If the tenant was not late or delinquent in paying rent before the month the notice is given, Texas requires a notice to pay rent or vacate before filing (Tex. Prop. Code § 24.005(a)). The lease may set a shorter or longer period.

3-Day

3-Day Notice to Vacate (Lease Violation)

Lease Violation

Texas gives no statutory right to cure; follow the lease. 3 days unless the lease sets a different period (Tex. Prop. Code § 24.005(a)).

31-Day

Notice of Termination (Month-to-Month)

No Fault

At least one month: the tenancy ends on the later of the date in the notice or one month after notice is given (Tex. Prop. Code § 91.001(b)), unless a signed agreement sets a different period (§ 91.001(e)). Weekly tenancies: 7 days (§ 91.001(c)).

Step-by-Step Process

1

Serve written notice

For nonpayment, use a notice to pay rent or vacate unless the tenant was late with rent before the month of the notice, which allows a vacate-only notice. Use a Texas Property Code Section 24.005 delivery method and keep proof.

2

Wait 3 days +3 days

Calendar days; if the last day is a Saturday, Sunday, or state or federal holiday, the period runs to the next business day (Tex. Prop. Code § 24.0042). If the lease sets a different notice period, use that.

3

File eviction petition (Forcible Detainer) +1 days

File at Justice Court in precinct where property is located. Pay filing fee. LandLawKit has the official petition and related eviction forms ready to fill.

4

Constable serves citation +2 days

Constable must serve the citation within 5 business days (§ 24.0051(f)). Trial is set 10–21 days after the petition is filed, and not before the 4th day after service (§ 24.0051(g)).

5

Justice Court hearing +14 days

Both parties appear. Judge rules same day in most cases. Bring lease, payment records, and notice.

6

Writ of Possession (if tenant appeals or stays) +6 days

If the tenant does not appeal within 5 days of judgment, request the Writ of Possession; it cannot issue before the 6th day after judgment (§ 24.0061(b)). An appealing tenant must pay the rent set in the judgment into the court registry to stay in possession (§ 24.0053).

7

Constable enforces lockout +2 days

Constable posts 24-hour notice then returns to execute writ. Move-out date set.

Key Warnings

  • Texas is one of the fastest eviction states — uncontested cases often resolved in 3-4 weeks.
  • Do not use self-help eviction. Texas has a narrow delinquent-rent lockout statute with strict lease, notice, and key-access rules; utility shutoff as eviction is prohibited. Tex. Prop. Code §§92.008, 92.0081.
  • Tenant may appeal to County Court within 5 days, swearing to a meritorious defense; the county court must hold trial within 21 days (§ 24.005107).
  • A Writ of Possession cannot issue before the 6th day after judgment (§ 24.0061(b)).
  • Notice to vacate must be given before filing — cannot file same day as notice.

Court & Filing Details

CourtJustice Court (Justice of the Peace), Precinct where property is located
Filing FeeTypically $134–$171 for filing + service of one tenant, varies by county (verified 2026 schedules: Dallas $134, Harris $139, Travis $144, Bexar $171; +$80–$117 per additional tenant served). A writ of possession, if needed later, adds $160–$405.
StatuteTexas Property Code §§24.005, 91.001–92.355; Rules of Civil Procedure Rules 738–749
Find the CourtJustice of the Peace court in the precinct where property is located

Start an Eviction Notice

Generate a pre-filled notice for Texas below.

Browse Notice Templates
Before you serve any notice: eviction rules, deadlines, and exact wording vary by jurisdiction and even by individual court. Serving a defective or premature notice can delay or get your case dismissed. These are starting templates, not legal advice — confirm the current requirements for the court that covers your property, or consult a licensed attorney, before you serve. This tool provides general legal information, not legal advice, and does not create an attorney-client relationship. It reflects STATE-level statutes only — your city or county may add requirements (local rent control, just-cause eviction, rental registration, or longer notice periods). Self-help evictions — changing locks, removing doors, or shutting off utilities — are illegal in most states; eviction must go through the court. For your specific situation, consult a licensed attorney in your state.