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- Texas rewrote its eviction procedure effective January 1, 2026 — older guides are out of date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
| Ground | Notice period | Notes |
|---|---|---|
| Nonpayment (first delinquency) | 3 days — pay-rent-or-vacate form | Lease may change the period |
| Nonpayment (repeat) | 3 days — either form | |
| Holdover / end of term | 3 days | |
| Federally backed mortgage (CARES) | 30 days | No sunset; screened on every case |
How to serve a valid Texas eviction notice →
Step-by-step timeline
| Stage | When |
|---|---|
| Notice served | Day 1–3 |
| Petition e-filed | Day 4 |
| Constable serves citation | By 5th business day |
| Trial | Day 14–24 |
| Appeal window closes | +5 days |
| Writ of possession | Day 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 $1,000 — $0 to start, billed $400/$300/$300 as each stage of your case actually completes — with your county's exact court costs itemized and passed through at cost.
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.