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 hearing 10–21 days after the citation is served, 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, though nonpayment appeals require the tenant to pay rent 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) tightened the mechanics: it standardized what the initial notice must offer for first-time nonpayment (pay or vacate), and clarified writ-of-possession issuance timelines after judgment. The 10–21-day hearing window and the 5-day appeal period still frame the schedule.
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.
More Texas guides
- How to Evict a Tenant in Texas (2026 Rules)
- Texas 3-Day Notice to Vacate & Pay-or-Vacate Notice (2026)
- How Much Does an Eviction Cost in Texas? (Verified 2026 County Fees)
- 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