Texas Eviction Process: Notice Requirements, Timelines, and Legal Procedures

Texas has one of the more efficient eviction processes in the United States, but landlords must still follow every procedural step carefully. Skipping any requirement — even the notice to vacate — can result in dismissal of the eviction case.

Overview of the Eviction Process

The Texas eviction process, formally called a forcible detainer action, follows these steps:

Step 1: Notice to Vacate

Before filing an eviction lawsuit, a landlord must serve the tenant with a written Notice to Vacate (Property Code §24.005).

Default Notice Period

• 3 days — the default minimum notice period unless the lease specifies otherwise
• The notice period begins the day after the notice is delivered
• Saturdays, Sundays, and legal holidays are counted

Methods of Delivery

The notice may be delivered by:

1. Personal delivery to the tenant or any person residing at the premises who is 16 years or older
2. Mail — regular or certified, to the premises
3. Posting — affixed to the inside of the main entry door (if personal delivery and mail fail)
4. Electronic delivery — if agreed upon in the lease (new under SB 38)

What the Notice Must Include

• A clear statement that the tenant must vacate the premises
• The date by which the tenant must leave
• The reason for the notice (recommended but not always required)

Step 2: File the Forcible Detainer Suit

If the tenant does not vacate after the notice period expires, the landlord files a forcible detainer suit in the justice court in the precinct where the property is located.

Filing Requirements

• Filing fee varies by county (typically $75–$150)
• The petition must include the property address, the grounds for eviction, and proof that notice was given
• Under SB 38, constables must attempt service of the petition within 5 business days

Step 3: Court Hearing

• The hearing is typically scheduled 10 to 21 days after the suit is filed
• Both parties may present evidence — the landlord should bring the lease agreement, proof of notice, rent payment records, and photos of any damage
• Under SB 38, parties may appear online for hearings in some courts

Step 4: Judgment and Possession

If the court rules in the landlord's favor:

• The tenant has 5 days to appeal (after which a writ of possession can be issued)
• Under SB 38, the appeal period is capped at 21 days from judgment
• During the appeal period, the court may require the tenant to post a supersedeas bond (typically one month's rent)

Step 5: Writ of Possession

If the tenant does not vacate after the judgment and appeal period:

• The landlord requests a Writ of Possession from the court
• A constable or sheriff serves the writ, giving the tenant 24 hours to remove their belongings
• After 24 hours, the constable or sheriff physically removes the tenant and their property

Grounds for Eviction

Common grounds for eviction in Texas include:

1. Nonpayment of rent — the most common cause
2. Lease violations — unauthorized pets, subletting, property damage
3. Holdover tenancy — remaining after the lease term ends
4. Criminal activity — illegal activity on the premises
5. Unauthorized occupants — occupants not named on the lease

SB 38 Changes (Effective January 1, 2026)

Senate Bill 38 made significant updates to the eviction process:

• Expanded notice delivery — electronic notices now permitted if agreed upon in the lease
• 5-day service requirement — constables must attempt petition service within 5 business days
• 21-day appeal cap — replaces the previous, less-defined timeline
• Summary disposition — new expedited process for squatting or forcible entry cases
• Online hearings — courts may allow virtual appearances
• Eviction moratoria — only the state legislature can impose them, with limited exceptions

Prohibited Landlord Actions

Texas law prohibits self-help evictions. Landlords may NOT:

• Change locks without a court order (except in specific commercial lease situations)
• Remove tenant belongings without legal authorization
• Shut off utilities to force a tenant out
• Physically remove or intimidate a tenant

Violations can result in liability for actual damages, one month's rent plus $500, and attorney's fees.

Best Practices for Landlords

1. Follow every step precisely — even small procedural errors can delay or dismiss your case
2. Keep meticulous records — document all communications, rent payments, and violations
3. Serve notice correctly — use a method that creates a paper trail
4. Consult an attorney for complex cases — especially for commercial or multi-party situations
5. Never attempt self-help eviction — it is illegal and can result in significant liability
6. Be familiar with SB 38 changes — especially the new electronic notice and appeal timeline rules

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How Landager Helps

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