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- Texas rewrote its eviction procedure effective January 1, 2026 — older guides are out of date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 →
Notice to possessionStep by step timeline
| Stage | When |
|---|---|
| Notice served | Day 1–3 |
| Petition 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 to $171 for filing and service plus $175 to $405 for the writ depending on county; these are estimates of the courts' published figures. Our flat attorney fee is $1,000, with no fee charged at signing, billed $400/$300/$300 as each stage of your case completes. Your county's court costs are estimated and billed at the amount charged.
Ready to start in Texas?
Published flat fee, estimated court costs for your county, 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.