Eviction timelines in Texas usually run three to six weeks for an uncontested case, from the notice to vacate through the writ of possession. The notice comes first and must give at least three days unless the lease sets a different period. Court filing costs about $54, and constable fees typically add $75 to $175 per tenant served.
Eviction timelines in Texas are relatively short compared with many states, and that speed cuts both ways. A landlord who follows each step can go from notice to removal in about a month. A landlord who uses the wrong form, delivers the notice badly, or miscounts the days can lose weeks and start over. Here is what each stage requires, how long it takes, and what it costs.
What Is the Eviction Process in Texas?
An eviction in Texas is a court case, called a forcible detainer suit, filed in justice court in the precinct where the property sits. The landlord must first deliver written notice to vacate, then file suit, win a judgment, and request a writ of possession. A constable or sheriff carries out that writ. Changing the locks or removing belongings is never allowed.
How Long Does an Eviction Take in Texas?
For an uncontested case, expect roughly three to six weeks from the day the notice is delivered to the day a constable executes the writ. Contested hearings, appeals, and federally assisted properties push that number higher. Most of the time goes to fixed waiting periods: the notice period, the hearing date, and the appeal window.
The table breaks the process into stages. Costs vary by county, so treat them as typical ranges and confirm your local constable’s fee schedule.
| Stage | Typical timing | Typical cost |
|---|---|---|
| Notice to vacate | At least 3 days, or the lease period | Delivery costs only |
| Court filing | At filing | About $54 |
| Constable service | Days after filing, per tenant | About $75 to $175 per tenant |
| Hearing | 10 to 21 days after filing | $22 jury fee if requested |
| Appeal window | About 5 days after judgment | Varies |
| Writ of possession | After the appeal window closes | About $155 to $275 where published |
Owners who want to catch late rent before it reaches this stage can review our delinquency and bad debt services.
Texas Notice to Vacate: Timing, Form, and Delivery
A notice to vacate is the written demand that must come before any eviction suit. Under Texas Property Code Chapter 24, the landlord must give at least three days’ written notice unless the lease sets a shorter or longer period. Texas counts weekends and holidays in that period, and a final day that lands on one rolls forward.
For nonpayment, a tenant who was not late in an earlier month must first receive a notice to pay rent or vacate, which lets the tenant pay the full balance and stay. Confirm the cure period in the current statute before drafting, because the enrolled text controls.
Delivery Methods Changed in 2026
Senate Bill 38 revised the approved ways to deliver a notice, and the current list sits in subsection (f-3). Posting the notice on the outside of the door no longer counts. Keep proof of delivery for every notice, whichever method you use, because you will need it if the tenant contests the suit.
Eviction Filing in Justice Court
Eviction suits go to the justice court for the precinct where the property sits, not county court. Once the notice period has run, the landlord files the petition, pays the filing fee, and requests constable service for each tenant named. Bring the lease, the rent ledger, and proof of delivery. Courts generally set the hearing 10 to 21 days after filing. The Texas State Law Library’s eviction guide walks through the same sequence. Owners who prefer to hand off the day-to-day paperwork can review our property management services.
How to Evict a Tenant in Texas, Step by Step
Follow these steps in order. Skipping one usually means dismissal and a fresh filing.
- Confirm the default and pull a complete rent ledger. Check the lease for any notice period it sets.
- Deliver a compliant notice to vacate by an approved method, and keep proof of delivery.
- Wait out the notice period, counting calendar days, including weekends and holidays.
- File the forcible detainer suit in the justice court for the property’s precinct, and pay the filing fee.
- Arrange constable service on every tenant named in the suit.
- Attend the hearing, which is set 10 to 21 days after filing.
- If the tenant does not appeal within the window, request a writ of possession.
- Let the constable execute the writ. Never remove the tenant or their belongings yourself.
Most delays come from avoidable errors: a notice with the wrong amount or deadline, a delivery method the statute does not allow, or a filing before the notice period ends. Each one can force a dismissal and a restart.
What Does an Eviction Cost in Texas?
Court and constable fees are the predictable part. The justice court filing fee is about $54, a jury demand adds $22, and constable service runs roughly $75 to $175 per tenant, depending on the county. Where a county publishes its fee, executing the writ of possession adds $155 to $275.
Put together, a typical uncontested case costs about $130 to $500 in court and constable fees before attorney costs. The low end covers one tenant served with no writ. The high end reflects a costly county with a writ.
Lost rent is the larger expense. Each week of waiting is another week without income, so the timeline itself drives cost. Once the unit is empty, our leasing and marketing services can help you refill it. Attorney fees are separate and vary widely, so get a quote before you file.
Does SB 38 Change the Texas Eviction Process?
Yes. Senate Bill 38 took effect on January 1, 2026, and it applies to eviction suits filed on or after that date. The bill rewrote much of Chapter 24 of the Property Code, so Texas eviction laws now run on new notice forms, delivery rules, and filing timelines. The three-day minimum stayed in place.
Two changes affect planning most. Time is counted under one statutory rule, so weekends and holidays count toward notice periods. On covered federal properties, such as certain subsidized or federally backed units, the writ cannot be served until 30 days after notice. A case that would otherwise take three weeks can take about a month.
Can a Landlord Lock a Tenant Out in Texas?
No. Self-help eviction is illegal under Texas Property Code Section 92.0081. Changing the locks, removing belongings, or shutting off utilities to force a tenant out counts as self-help, even if the tenant owes rent or has left without formally surrendering the unit.
Eviction Rules in Texas Are Strict on Self-Help
A tenant harmed by a lockout can recover actual damages, one month’s rent plus $1,000, reasonable attorney fees, and court costs. The constable’s writ is the only lawful route to removal, so the court process is both required and the safer choice.
Frequently Asked Questions
1. How much notice do I need before filing an eviction in Texas?
Texas law requires at least three days’ written notice to vacate before a landlord files an eviction suit, unless the lease sets a different period. The notice must be delivered by a method the statute allows. For nonpayment, a tenant who was not late in an earlier month may first be entitled to a notice to pay rent or vacate.
2. What should a Texas eviction notice include?
A notice that holds up in court usually includes:
- The tenant’s name and the rental unit’s address
- The reason for the notice, such as unpaid rent or a lease violation
- The amount owed, if the notice demands payment
- The exact deadline to vacate, counted under the statute
- How and when the notice was delivered
3. How long until a justice court hearing in Texas?
Justice courts generally set eviction hearings 10 to 21 days after the petition is filed under the 2026 rules. A tenant who loses has about five days to appeal to county court, and an appeal delays the writ until the case is resolved.
4. Can a tenant stop an eviction by paying?
Sometimes. If the landlord served a notice to pay rent or vacate and the tenant pays the full delinquent amount within the stated period, the eviction on that notice usually stops. A bare notice to vacate carries no statutory right to pay and stay, so the lease and the court decide the outcome after that.
5. Can I change the locks if the tenant seems to have moved out?
Not safely. Texas prohibits self-help even when a tenant appears to have left, if the tenant has not formally surrendered possession. Get a written surrender, or go through justice court, before changing the locks.
Conclusion
Eviction timelines in Texas stay predictable when every step is handled correctly. Plan for three to six weeks in a clean case, budget roughly $130 to $500 in court and constable fees, and confirm the notice form against the current Property Code before anything goes out. Owners who want help with the wider financial picture can review our financial management services.
