Eviction Process in Texas: Timeline, Notices & Costs

What SB 38 changed

Texas evictions run under Tex. Prop. Code §§ 24.005 and 91.001 and Rule 510 of the Texas Rules of Civil Procedure, revised effective January 1, 2026, by SB 38. If your notice template or process predates 2026, update it. The main changes:

• First-time nonpayment needs a ‘pay rent or vacate’ notice. For a tenant’s first nonpayment, the notice should offer the chance to pay, not only to move out.
• More delivery options. Notices can be sent by email if the tenant agreed to email in writing, or by commercial carrier, in addition to the traditional methods.
• Faster service. Constables must attempt service within 5 business days.
• A narrower case. Eviction suits focus on who gets possession. Large damage claims are better handled separately.

Stage 1: the notice to vacate

The default is 3 days’ written notice to vacate, unless your lease sets a different period. Lease violations also get a 3-day notice to vacate, with no statutory right to cure. To end a month-to-month tenancy without cause, give at least one month’s notice under § 91.001, unless you and the tenant agreed otherwise in writing.

Late fees are a separate matter. Texas lets you charge one only after rent has been unpaid for 2 full days, and fees are presumed reasonable up to 12% of monthly rent for buildings with 4 or fewer units (10% for larger buildings). Keep the math clean in your ledger, because the judge will look at it.

Stage 2: filing in justice court

After the notice period, file an eviction petition in the justice court for the precinct where the property is. The filing fee is about $54, and constable service usually runs $75 to $150. Both vary by county, so check the court’s fee schedule.

Stage 3: service and trial

The constable or another authorized server delivers the citation. Trial is typically set 10 to 21 days after filing. Bring the lease, the notice and proof of how you delivered it, a rent ledger, and photos if the case is about damage or a violation. If the tenant doesn’t show, you’ll usually get a default judgment.

Stage 4: the appeal window

After judgment, the tenant has 5 days to appeal to county court. A tenant appealing a nonpayment case generally has to pay rent into the court registry while the appeal is pending, which discourages appeals filed only for delay.

Stage 5: the writ of possession

Once the appeal window closes, request the writ of possession. The constable posts a 24-hour warning and then returns the property to you. The writ has its own fee.

A realistic timeline for a San Antonio rental

Stage	Typical time
Notice to vacate	3 days (or the lease period)
Filing to trial	10-21 days
Appeal window	5 days
Writ and 24-hour warning	2-7 days
Total, no appeal	About 3-5 weeks

On a $1,500 rent, four weeks of lost rent is about $1,400. Court and service fees add a few hundred dollars. An attorney is optional in justice court; many small landlords file on their own, though a contested case is a good time to get one.

What slows Texas evictions

• The tenant appears and contests. The judge may reset the trial so both sides can bring evidence. Either side can ask for a jury.
• A notice problem. A pre-2026 notice form, the wrong delivery method, or skipping the ‘pay rent or vacate’ step on a first nonpayment can lose the case.
• An appeal to county court, which starts the case over at a higher level.
• Bankruptcy. The automatic stay pauses the eviction until the bankruptcy court lifts it, with limited exceptions.
• Federally backed properties. Some covered rentals require a 30-day notice under federal law; check your mortgage if you’re unsure.

Lockouts and utility cutoffs

Texas is stricter about this than many landlords realize. Tex. Prop. Code § 92.0081 permits a lock change for delinquent rent only if the lease allows it and specific advance-notice rules are followed, and the tenant must be given a new key on request at any hour. It’s not a way to remove anyone. An illegal lockout can cost the tenant’s actual damages, one month’s rent plus $1,000, and attorney fees. Interrupting utilities you provide is limited by § 92.008 and also carries statutory penalties.

Texas also requires you to rekey within 7 days of each tenant turnover, which applies once the writ is executed and the unit is yours again.

Alternatives to filing

A short written payment plan can work for a tenant with a temporary setback. Cash for keys can make sense for a tenant who can’t pay: offer a set sum and the deposit back, conditional on leaving by a date with the keys returned, and put it in a signed agreement. In fast Texas courts the savings are smaller than in slower states, but a clean, agreed move-out still beats a judgment you may never collect.

This page is general information, not legal advice. For a contested case or an appeal, talk to a Texas landlord-tenant attorney or the justice court’s self-help resources.