Texas Eviction Timeline: How Long It Takes in 2026

Updated 2026-07-01 · Reflects SB 38 (eff. Jan 1, 2026)

An uncontested Texas eviction takes about 3–5 weeks: a 3-day notice, filing the same week, a justice-court trial 10–21 days after the petition is filed, a 5-day appeal window, then a writ of possession with a 24-hour posted warning. A contested case or an appeal to county court can stretch that to 2–3 months.

The clock, step by step

Day 0: serve the pay-or-vacate notice (§24.005). Day 3–4: notice period ends; file the petition at the JP precinct where the property sits. Day 5–7: constable serves the citation. Day 14–25: hearing — the court must set it 10–21 days after the petition is filed. Judgment + 5 days: appeal window; if no appeal, request the writ. Writ + 24 hours: constable posts warning, then supervises the move-out.

What makes it take longer

A defective notice (dismissed, start over: +2–3 weeks). A tenant appeal to county court (de novo — the case is retried: +3–8 weeks, and an appealing tenant must pay the rent set in the judgment into the court registry to stay in possession). Jury demand (+1–2 weeks). Filing in the wrong precinct (dismissed for venue).

What SB 38 changed about timing

SB 38 (effective January 1, 2026, for suits filed on or after that date) tightened the mechanics: trial must be held 10–21 days after the petition is filed, not before the 4th day after service, and can be postponed at most 7 days unless both sides agree in writing (§24.0051(g)); the constable must serve the citation within 5 business days, and the writ within 5 business days of issuance, or another officer may (§24.0051(f), §24.0061(b-1)); a landlord may seek summary disposition on a sworn motion (§24.005106); and a period whose last day falls on a weekend or holiday runs to the next business day (§24.0042). The 5-day appeal window remains, but the tenant must now swear to a meritorious defense and the county court must hold trial within 21 days (§24.005107).

See the full Texas eviction guide

Every step, deadline, and form in one place.

Frequently asked questions

How fast can a Texas eviction possibly go?

About 3 weeks end to end: 3-day notice, immediate filing, an early hearing near the 10-day floor, the 5-day appeal window, then the writ.

Does the tenant get more time in winter or holidays?

Texas has no seasonal eviction moratorium; courts are closed on holidays, which can shift dates but not add rights.

How long does the tenant have after the writ?

The constable posts a 24-hour warning on the writ before executing it — that's the tenant's final window.

Primary sources: Tex. Prop. Code ch. 24 · Texas Justice Court Training Center

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Legal information, not legal advice. LandLawKit is not a law firm. For advice about your specific situation, consult a Texas attorney.