The Texas Eviction Process: Timeline From Notice to Move-Out

Eviction in Texas is a court process called a forcible detainer suit, governed statewide by Chapter 24 of the Texas Property Code. It is one of the procedures covered in the reference on Texas tenant rights under the Property Code. This article follows the process in the order it happens: the notice to vacate, the suit in justice court, the hearing and judgment, the appeal window, and the writ of possession that ends with a constable removing the tenant. Substantial changes to this process took effect January 1, 2026 under Senate Bill 38.

Notice to vacate: the first step

No Texas eviction can be filed until the landlord first gives a written notice to vacate. This notice is separate from any notice that ends the lease term. It tells the tenant that possession is demanded and starts the clock before a suit can be filed.

Under Tex. Prop. Code Sec. 24.005, a landlord must give a tenant who defaults or holds over at least three days’ written notice to vacate before filing a forcible detainer suit, unless the parties have agreed to a shorter or longer period in a written lease. Many written leases specify a different notice period, so the lease controls when it says something other than three days.

As of January 1, 2026, Sec. 24.005 lists the methods that satisfy the notice requirement: mail (including first class, registered, or certified mail, or a delivery service); delivery to the inside of the premises in a conspicuous place; hand delivery to a tenant who is at least 16 years old; or, where the parties agreed in writing, electronic communication such as email. The delivery-method rule does not apply if the tenant actually receives the notice.

Texas law does not allow a landlord to skip the court process by changing the locks, removing doors or windows, or shutting off utilities to force a tenant out. Those self-help lockouts are governed by Tex. Prop. Code Sec. 92.0081 and carry a civil penalty of one month’s rent plus $1,000, actual damages, court costs, and attorney’s fees. Chapter 24 is the only lawful route to remove a tenant who will not leave. The same court process, not self-help, also governs removing squatters in Texas under SB 38, where an occupant never had a lease at all.

Filing the eviction suit in justice court

If the notice period passes and the tenant remains, the landlord files the eviction suit. A forcible detainer is defined in Tex. Prop. Code Sec. 24.002 as a tenant refusing to surrender possession on written demand after the right of possession has ended.

The suit is filed in the justice court for the precinct and county where the property is located. Filing fees and service costs are set locally and vary by county, so the amount depends on which justice court hears the case. The Texas Judicial Branch maintains a self-help resource for people representing themselves in court, including in eviction cases.

After the suit is filed, the court issues a citation, and a constable or sheriff serves the tenant with the citation and a copy of the petition. Service must be completed before the hearing. When a landlord files a sworn petition seeking both possession and unpaid rent, Tex. Prop. Code Sec. 24.0051 allows a default judgment for both possession and the unpaid rent if the tenant is properly served and does not answer.

The hearing and judgment

The justice court sets a hearing shortly after the suit is filed. At the hearing, the court decides only the right to possession, and in a combined suit, any unpaid rent the landlord requested. Both sides present evidence: the lease, the notice to vacate, proof of service, and records of what rent was paid.

If the court rules for the landlord, it enters a judgment for possession. Under Tex. Prop. Code Sec. 24.0061, when the court signs a default or possession judgment, the court mails a copy to the premises by first class mail no later than 48 hours after entering the judgment.

Appeal window and paying rent during appeal

A tenant who loses in justice court can appeal to the county court. The appeal is what pauses the timeline. Once an appeal is properly filed, the case starts over in the county court, which hears the matter without deference to the justice court’s decision. The mechanics of an appeal, and the narrow situations that can pause a removal, are covered in the article on how to delay an eviction in Texas through hardship stays and appeals.

If the case reaches the county court and the tenant loses again, Tex. Prop. Code Sec. 24.007 provides that a county court judgment may not be stayed pending a further appeal unless the appellant files a supersedeas bond, in an amount the county court sets, within 10 days of the signing of the judgment. The same section limits appeals on possession to premises used only for residential purposes.

A tenant who appeals an eviction and stays in the unit must keep paying rent into the court registry. Under Tex. Prop. Code Sec. 24.0053, the rent set during appeal is the greater of $250 or the fair market rent if the court determines it. If the tenant fails to pay that rent into the registry as required, Tex. Prop. Code Sec. 24.0054 directs the court to issue a writ of possession on request, without a hearing.

The writ of possession and removal

The writ of possession is the order that authorizes a constable or sheriff to remove the tenant and restore the property to the landlord. It is the final step, and it has its own waiting period built in.

Under Tex. Prop. Code Sec. 24.0061, a writ of possession may not be issued before the sixth day after the date the judgment for possession is rendered, unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure. This gap gives the tenant a window to move or to appeal before the writ is available.

When the constable executes the writ, the officer oversees removal of the tenant and the tenant’s belongings from the unit. The statute sets out how the officer handles the tenant’s personal property during that process. Only a constable or sheriff acting under a writ can carry out the removal; the landlord cannot do it personally.

How long a Texas eviction takes

The pieces above stack into a timeline. The figures below are statutory minimums and typical justice-court practice as of 2026; local scheduling varies, and a contested case or appeal adds weeks.

1. Notice to vacate (at least 3 days)

   The landlord delivers a written notice to vacate. The minimum is three days under Tex. Prop. Code Sec. 24.005, but a written lease can set a shorter or longer period. The suit cannot be filed until this period ends.

2. File suit and serve the tenant

   After the notice period, the landlord files the forcible detainer suit in the justice court for the precinct where the property sits. The court issues a citation, which a constable or sheriff serves on the tenant before the hearing.

3. Hearing and judgment (about 10 to 21 days after filing)

   The justice court holds a hearing on possession, then enters judgment. The court mails a copy of a default or possession judgment to the premises within 48 hours of signing it under Tex. Prop. Code Sec. 24.0061.

4. Waiting period before the writ (through the 5th day)

   A writ of possession cannot issue before the sixth day after the judgment for possession, absent an approved possession bond. This window is also the tenant’s opportunity to appeal.

5. Writ posted and executed (at least 24 hours' notice)

   Once the writ issues, the constable posts a 24-hour written warning on the front door, then returns to execute the writ and oversee removal.

For an uncontested case, the sequence from notice to removal commonly runs about three to six weeks. An appeal to county court resets the schedule and can add a month or more. After the case ends, the filing can linger in tenant-screening databases; the steps to get an eviction off your record in Texas are separate from the eviction suit.