How to Evict a Tenant in Texas (2026 Rules)
The Texas eviction process under the 2026 SB 38 rules: the right notice, justice-court filing, real county fees, and the timeline โ step by step.
Read the guide โPlain-English answers to the questions Texas landlords actually ask โ written against the current statutes and the counties' own fee schedules, and updated for SB 38, the eviction-law rewrite that took effect January 1, 2026.
Updated 2026-07-01The Texas eviction process under the 2026 SB 38 rules: the right notice, justice-court filing, real county fees, and the timeline โ step by step.
Read the guide โWhat Texas' 3-day eviction notice must say in 2026, when it must offer pay-or-vacate under SB 38, how to deliver it under ยง24.005, and what voids it.
Read the guide โReal Texas eviction filing fees from official county JP schedules, verified July 2026: Harris $139, Dallas $134, Travis $144, Bexar $171 โ plus writ costs.
Read the guide โWeek-by-week Texas eviction timeline under the 2026 rules: 3-day notice, 10โ21 days to hearing, 5-day appeal window, writ of possession. 3โ5 weeks total.
Read the guide โSB 38 rewrote Texas eviction procedure effective Jan 1, 2026: mandatory pay-or-vacate notices for first-time nonpayment, updated court forms, faster writs.
Read the guide โTexas landlords must refund security deposits within 30 days of move-out or owe $100 + 3x the amount withheld in bad faith. ยง92.103 rules and itemization.
Read the guide โTexas Prop. Code ยง92.019: no late fee until rent is 2 full days late; capped at 12% of rent (4 or fewer units) or 10% (larger buildings). Penalties for violations.
Read the guide โTexas month-to-month termination: at least a month's notice tied to the rent-paying period under Prop. Code ยง91.001, by landlord or tenant, no reason needed.
Read the guide โEvery disclosure a Texas residential lease needs in 2026: the ยง92.0135 flood disclosure, federal lead paint for pre-1978 homes, ownership/management, security devices, smoke alarms.
Read the guide โA Texas lease expiring does not end the notice requirement: holdover tenants still get a 3-day ยง24.005 notice to vacate before you can file for eviction.
Read the guide โHow a Texas writ of possession works: 5-day wait after judgment, county costs from $160 to $405, the constable's 24-hour notice, and what happens to belongings.
Read the guide โThe complete 2026 Texas eviction paperwork: pay-or-vacate notice, eviction petition, military status affidavit, writ of possession request โ updated for SB 38.
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