How to Evict a Tenant in Texas (2026 Rules)
Updated 2026-07-01 · Reflects SB 38 (eff. Jan 1, 2026)To evict a tenant in Texas you must (1) serve a written notice that complies with Texas Property Code §24.005 — for a first-time rent delinquency that notice must give the tenant the option to pay or vacate, a rule new as of January 1, 2026 — (2) wait out the notice period (3 days unless your lease says longer), (3) file an eviction petition at the justice court for the precinct where the property sits, and (4) attend the hearing, usually 10–21 days later. Most uncontested Texas evictions finish in 3–5 weeks.
Step 1 — Serve the right notice
For nonpayment of rent, serve a notice to pay rent or vacate. Since SB 38 took effect on January 1, 2026, a vacate-only notice is no longer lawful for a tenant's first rent delinquency in the period — the notice must offer the choice to pay what's owed or move out. Deliver it by a §24.005-permitted method: hand it to the tenant (or anyone 16+ at the premises), mail it, use a permitted posting method, or an electronic method the lease allows. Keep proof of how and when you served it — the judge will ask.
Step 2 — Wait the notice period
The default is 3 calendar days, counted after the day of delivery. If your lease promises a longer notice period, the lease controls. Do not file early — a petition filed before the notice period runs is the most common reason Texas eviction cases get dismissed and refiled from zero.
Step 3 — File at the justice court
File your eviction petition (forcible detainer) at the Justice of the Peace court for the precinct where the property is located — not just the right county. Filing plus service for one tenant runs about $134–$171 in the big metro counties. Verified numbers:
| County | Filing + service (1 tenant) | Writ of possession | Source |
|---|---|---|---|
| Harris County | $139 | $160 | official schedule (revised Jan. 2025) |
| Dallas County | $134 | $405 | official schedule (effective Jan. 1, 2026) |
| Tarrant County | $54 + constable service (billed separately by precinct) | $5 + constable service | official schedule (effective Jan. 1, 2024) |
| Bexar County | $171 | $287 | official schedule (2025 schedule) |
| Travis County | $144 | $205 | official schedule (effective Jan. 1, 2026) |
Step 4 — The hearing and after
The court sets a hearing 10–21 days after the citation is served. Bring your lease, ledger, the notice, and proof of service. If you win, the tenant has 5 days to appeal; after that you can request a writ of possession and a constable will oversee the move-out (24-hour posted warning first).
Court-ready notices pre-filled with your details — free to start.
Frequently asked questions
How long does an eviction take in Texas?
Uncontested cases typically take 3–5 weeks from notice to writ: 3-day notice, filing, a hearing 10–21 days out, a 5-day appeal window, then the writ. An appeal restarts the clock in county court.
Can I still use a plain notice to vacate for unpaid rent?
Only for a repeat delinquency in the same period. Since January 1, 2026 (SB 38), a first-time rent delinquency requires a notice that offers the tenant the choice to pay or vacate.
Do I need a lawyer to evict in Texas?
No. Landlords may represent themselves in justice court, and individuals can also be represented by an authorized agent in an eviction case.
What if the tenant pays after I serve notice?
If the tenant pays everything owed within the notice period on a pay-or-vacate notice, the nonpayment ground for that period is cured and you should not file on it.
More Texas guides
- Texas 3-Day Notice to Vacate & Pay-or-Vacate Notice (2026)
- How Much Does an Eviction Cost in Texas? (Verified 2026 County Fees)
- Texas Eviction Timeline: How Long It Takes in 2026
- SB 38: What Changed in Texas Eviction Law on January 1, 2026
- Texas Security Deposit Rules: The 30-Day Return Deadline
- Texas Late Fees: The 2-Day Grace Period and 10–12% Caps