Texas Eviction Process: Notices, Court Steps, Timelines, and What Each Side Can Do

A Texas eviction usually starts with a written notice to vacate or, in certain first-time nonpayment situations, a notice to pay rent or vacate. Under Texas Property Code section 24.005 (opens in a new tab), the default notice period is at least three days unless a written lease or agreement sets a different one. If the tenant has not left or fixed the problem named in the notice, the landlord may file an eviction case in the justice court precinct where the property is located. The court then issues a citation, sets a trial date and decides who has the right to possess the property. A landlord may use a writ of possession only after the judgment and writ steps in Property Code section 24.0061 (opens in a new tab) are met.

What happens after a Texas eviction notice or court citation?

An eviction case is a lawsuit about one question: who has the right to actual possession of the rental property. Texas calls it a forcible detainer or eviction case, and Rule 510 of the Texas Rules of Civil Procedure (opens in a new tab) governs these suits in justice court. TexasLawHelp (opens in a new tab) describes it the same way, as a court case with its own steps and deadlines.

The steps run in a set order. The landlord gives written notice, files a petition, and the court issues a citation that is served on each defendant. The court holds a trial, enters a judgment, and either side may appeal. Only after judgment, and after the waiting period in section 24.0061, can a writ of possession be issued and carried out by a sheriff or constable. The notice, citation, judgment, appeal papers and writ are five different documents, each with its own clock.

What notice must come before a Texas eviction case?

A tenant who defaults or holds over must receive at least three days' written notice to vacate before the landlord files, unless a written lease or agreement provides a shorter or longer period, according to section 24.005 (opens in a new tab). That statute changed on January 1, 2026, after the 2025 amendments (see the Texas Legislature bill history (opens in a new tab)), so older descriptions of the rules may not match the current text.

Two kinds of notice now matter for unpaid rent:

• If possession is being ended solely for nonpayment, and the tenant was not late or delinquent before the month in which the notice is given, the notice must be a notice to pay rent or vacate.
• If the tenant was already late or delinquent before that month, the landlord may use either a notice to pay rent or vacate or a notice to vacate.

The notice period may run at the same time as a period for responding to a notice of proposed eviction where the statute allows it, and the notice may include that response opportunity.

Section 24.005 lists four ways to give the notice:

• Mail, including first-class, registered or certified mail, or a delivery service.
• Placement inside the premises in a conspicuous place.
• Hand delivery to a tenant age 16 or older.
• Electronic communication, including email, if the parties agreed to that in writing.

The list of methods does not apply if the tenant actually receives the notice. Before 2026, the statute allowed personal delivery, registered or certified mail, or securely attaching the notice to the inside of the main entry door, and it had no separate notice to pay rent or vacate.

What reasons can support an eviction?

Section 24.005 covers a tenant who defaults or holds over, and the lease supplies the rest of the detail. The common grounds are these:

• Nonpayment of rent. The notice type depends on whether the tenant was late or delinquent before the month of the notice, as described above.
• A material lease violation. A material violation of a written or oral rental agreement can support an eviction when the tenant's right to possession is ended under the lease and applicable law. The petition has to describe the facts and grounds.
• Holdover. A tenant who stays past the end of the rental term or a renewal period falls under the statute's holdover language, and the lease and tenancy rules set the termination terms.
• End of a fixed term. When a fixed-term lease ends and is not renewed, possession may end under the lease, and section 24.005 still governs the notice unless the lease sets a different period.
• Tenancy at will. A tenancy at will does not have the same fixed end date as a fixed-term lease, so the agreement and section 24.005 together decide the notice required before filing.

When a lease ends during the notice period, the lease terms and the statutory notice rules have to be read together. A lease that gives a longer or shorter notice period changes the answer.

Where is a Texas eviction filed?

The landlord files the petition in the justice court precinct where the property is located, under Rule 510.3 (opens in a new tab). The petition describes the property, the facts, the grounds for eviction, the notice that was given and any unpaid rent, and it can include a request for attorney's fees. Harris County's justice courts publish filing instructions for eviction cases (opens in a new tab).

How are the citation and petition served?

After filing, the court issues a citation directed to each defendant, and the citation and petition are served under Rule 510.4 (opens in a new tab). If ordinary service does not work, the court may authorize substituted service at the premises after the required unsuccessful attempts and a sworn showing of diligence. Under Rule 510.4, deadlines exclude the triggering day, count weekends and holidays, and move to the next open day when the last day falls on a weekend, holiday or court closure.

When is the eviction trial?

The citation must set the trial no sooner than 10 days and no later than 21 days after the petition is filed, under Rule 510.4. Rule 510 does not set one answer deadline for every ordinary eviction; the citation and the court's local procedures control. A written answer can identify a tenant's defenses, and TexasLawHelp offers an eviction answer form (opens in a new tab). A tenant may also request a jury trial by the deadline and pay the jury fee.

What happens at trial and judgment?

The court decides the right to actual possession. It may also decide a rent claim that falls within justice court jurisdiction, according to Rules 510.3 and 510.10 (opens in a new tab). Rule 510.10(e) (opens in a new tab) limits the case to possession, so a dispute over who owns the property belongs in another court.

If a party does not appear, the court may enter a default judgment as long as the required service and notice requirements are satisfied.

How does a Texas eviction appeal work?

Either side may appeal a final justice court judgment within five days after the judgment is signed, under Rule 510.11 (opens in a new tab). The appeal is perfected by one of three things:

• Filing an appeal bond.
• Making a cash deposit.
• Filing a sworn statement of inability to pay, sometimes called a pauper's affidavit.

In a residential nonpayment case where the tenant appeals by sworn statement, rent goes into a court registry. The initial deposit goes into the justice court registry within five days after the sworn statement is filed, and the ongoing rent goes into the county civil court registry within five days after each payment becomes due under the rental agreement. Property Code sections 24.0053 and 24.0054 (opens in a new tab) and Rule 510.9 (opens in a new tab) set out these requirements.

If the tenant perfects the appeal and complies with the rent-registry rules, Rule 510.9 says a writ of possession must not issue. If required deposits are missed, section 24.0054 can allow the landlord to ask for a writ. After an approved sworn statement of inability to pay, a tenant may ask the county civil court to appoint counsel where the statutory conditions apply. Harris County's eviction FAQ (opens in a new tab) adds that an answer is due within eight days in county court if none was filed in justice court.

When can a writ of possession issue?

A landlord who wins may obtain a writ of possession, but under section 24.0061 it generally cannot issue before the sixth day after judgment unless a possession bond has been approved. The sheriff or constable must serve the writ by the fifth business day after it issues, and the writ must require a warning to be posted at least 24 hours before it is carried out.

During execution, the officer may remove occupants and personal property under the writ's terms. The officer may place property outside at a nearby location, with statutory limits that include public passageways and bad weather, or a bonded or insured warehouseman may be used. The officer may not require the landlord to store the property. Harris County states that a writ cannot be issued more than 60 days after judgment and cannot be executed after the 90th day, citing Rule 510.8 (opens in a new tab).

Can a landlord lock out a tenant or shut off utilities?

A landlord generally cannot skip the eviction case and use force to remove a tenant. The lawful way to remove someone by force is a writ of possession issued after the possession judgment and the waiting period.

Chapter 92 of the Property Code provides only limited remedies:

• Section 92.008 (opens in a new tab) generally prohibits interrupting utilities that the tenant pays directly or that come with the tenancy, except for bona fide repairs, construction or an emergency. Certain submetered or allocated electricity arrangements carry added conditions, including lease authorization, billing, notice and timing requirements.
• A tenant affected by an unlawful utility interruption may file a sworn complaint in justice court and seek a writ of restoration of utility service under section 92.009 (opens in a new tab).
• Section 92.0081 (opens in a new tab) covers a landlord's limited right to change door locks for delinquent rent after required written notice, subject to reentry rules.

Do federal or special protections add notice?

Some properties carry extra notice rules. The federal CARES Act, section 4024 (opens in a new tab), can require 30 days' notice for certain covered dwellings and for multifamily borrowers in forbearance. The Texas Supreme Court's CARES Act order (opens in a new tab) required qualifying eviction petitions to state whether the premises was a covered dwelling, whether the plaintiff was a covered multifamily borrower, and whether 30 days' notice had been given. The 30-day notice requirement can still apply to some covered properties even though other CARES Act protections have expired. For federally assisted housing, the federal program documents and regulations that apply to the specific property control any added notice or good-cause requirements, and TexasLawHelp's special notice page (opens in a new tab) explains these rules in Spanish.

Two Texas protections also touch eviction. Property Code section 92.016 (opens in a new tab) lets a tenant who meets its requirements end a residential lease early after family violence, with documentation and notice requirements. Eviction citations also warn about the federal Servicemembers Civil Relief Act and Property Code section 92.017 (opens in a new tab), which covers military tenants.

What do filing and service cost?

Costs vary by court and county. As one dated example, Harris County's fee schedule (opens in a new tab), effective January 1, 2025, lists these amounts:

Additional service charges may apply, including an hourly deputy fee after two hours. These are Harris County examples, not statewide amounts. The justice court where the property is located can confirm its current filing, service, jury and writ fees.

Where can landlords and tenants find forms and help?

Several official and nonprofit sources publish forms and explanations:

• TexasLawHelp (opens in a new tab) has eviction explanations, answer forms, appeal information, Spanish pages and legal-aid referrals. Its county-based referrals include Lone Star Legal Aid, Texas RioGrande Legal Aid and Legal Aid of NorthWest Texas.
• The Texas Justice Court Training Center (opens in a new tab) offers court-process education and justice court resources.
• The Texas State Law Library (opens in a new tab) publishes legal research guides.
• The State Bar of Texas Lawyer Referral and Information Service (opens in a new tab) takes calls at 800-252-9690 and says it can assist with landlord-tenant matters and Spanish-speaking callers.

Local procedures can differ by county. The court clerk or the Texas Judicial Branch's rules and local-rules page (opens in a new tab) can confirm a particular court's practices. The rules and fee figures are current as of October 1, 2026, and both can change.

Frequently asked questions

These answers cover questions readers often ask after the steps above.

How much notice is required before a Texas eviction case?

At least three days is the statutory default, unless the written lease or agreement provides a shorter or longer period. Certain nonpayment cases require a notice to pay rent or vacate instead of a plain notice to vacate.

What happens if the tenant does not appear at trial?

The court may render a default judgment if the required service and notice requirements are satisfied. The same five-day appeal period applies.

Can a writ of possession issue during an appeal?

A writ generally must not issue when the defendant has perfected the appeal and complied with the applicable rent-registry requirements. Missed rent deposits can let the landlord seek a writ under section 24.0054.

Can a landlord shut off utilities to force a move-out?

Section 92.008 (opens in a new tab) generally prohibits interrupting utilities except for listed circumstances, including bona fide repairs, construction or an emergency.

Where can someone get free eviction help in Texas?

TexasLawHelp, local legal-aid programs, the Texas Justice Court Training Center and the Texas State Law Library are starting points. The State Bar of Texas referral service also lists certified local referral services.

Next step

If you want to talk with a Texas law firm about a landlord-tenant question, you can browse firms by city and practice area in our Texas lawyer directory.