a division of The Ledger Law FirmThe Ledger Law Firm

2026 eviction process in Texas: laws, timeline & costs for landlords

Updated 2026-08-05 · Governing law: Tex. Prop. Code ch. 24 (SB 38, eff. Jan. 1, 2026); Tex. R. Civ. P. 510 · Court: Justice of the Peace Court

Key takeaways

  • Texas rewrote its eviction procedure effective January 1, 2026 — older guides are out of date
  • A FIRST missed payment now requires a 'pay rent or vacate' notice, not an unconditional notice to vacate
  • Trial is set 10–21 days after filing; a clean uncontested case runs roughly 3–5 weeks notice-to-writ

Required notices

GroundNotice periodNotes
Nonpayment (first delinquency)3 days — pay-rent-or-vacate formLease may change the period
Nonpayment (repeat)3 days — either form
Holdover / end of term3 days
Federally backed mortgage (CARES)30 daysNo sunset; screened on every case

Step-by-step timeline

StageWhen
Notice servedDay 1–3
Petition e-filedDay 4
Constable serves citationBy 5th business day
TrialDay 14–24
Appeal window closes+5 days
Writ of possessionDay 6 after judgment; 24-hr posted warning

Texas eviction FAQ

Can my property manager file my Texas eviction?

Yes — Tex. Prop. Code § 24.011 allows non-lawyer agents in Justice Court. But agents cannot handle an appeal for your LLC in county court, and notice defects by non-lawyers are the most common way cases die. Our flat fee puts a licensed attorney on it from the start.

How much does a Texas eviction cost?

Court costs run about $134–$171 for filing and service plus $175–$405 for the writ depending on county. Our flat attorney fee is $999, with your county's exact costs itemized before you pay.

Ready to start in Texas?

Published flat fee, your county’s exact court costs shown up front, and a licensed attorney on the case. See pricing or start online →

Author: The Ledger Law Firm. This guide summarizes state law as of the update date; statutes and local rules change. Nothing here is legal advice or a guarantee of outcome. ATTORNEY ADVERTISING.

▶ Start online💬 Text us📞 CallSe habla español