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    How to Evict a Tenant in Texas: Notice, Court and Writ (2026)

    Texas eviction step by step under the 2026 rules: the 3-day notice to pay or vacate, delivery, justice court filing, summary disposition, appeals and the writ.

    Updated: · by MakeLease Editorial Team · First published October 28, 2026 · 9 min read

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    To evict a tenant in Texas, give at least three days' written notice to vacate (or the period your lease sets), then file a sworn eviction petition in the justice court for the precinct where the property is. If you win, wait out the five-day appeal window, then ask for a writ of possession. Only a constable or sheriff executing that writ can remove the tenant. Changing the locks to force a tenant out is a separate, narrowly limited remedy, and it doesn't end the tenancy.

    Texas rewrote much of its eviction procedure in S.B. 38, effective January 1, 2026. This guide follows the current Property Code chapter 24. Suits filed before 2026 followed older rules, so older guides, forms and lease clauses may be out of date.

    Step 1: Pick the right notice

    Texas requires a written notice to vacate before you file, and the form depends on why the tenancy is ending (Tex. Prop. Code § 24.005(a)):

    ReasonNoticeMinimum period
    Unpaid rent, tenant not late before this monthNotice to pay rent or vacate3 days, unless the lease sets another period
    Unpaid rent, tenant was late before this monthNotice to pay rent or vacate, or a plain notice to vacate3 days, unless the lease sets another period
    Other lease defaultNotice to vacate3 days, unless the lease sets another period
    Holding over after the lease endsNotice to vacate, after ending the tenancy under § 91.0013 days, unless the lease sets another period

    The pay-or-vacate requirement is new for 2026. If the tenant has a clean payment history before the month you give notice, the notice must give them the option to pay.

    Texas law gives no statutory right to cure a non-rent violation. Your lease may grant one, and many do, so read it before you serve anything. Lease forms commonly shorten the period to one day; the statute allows a lease to set a shorter or longer period.

    A month-to-month tenancy ends with at least one month's notice from either side, unless a signed agreement sets a different period (Tex. Prop. Code § 91.001). If the tenant stays past that date, the three-day notice to vacate comes next.

    See the Texas eviction laws page for the notice rules in one place, with the statute links.

    Step 2: Deliver the notice correctly

    Since 2026, the notice must go by at least one of these methods (§ 24.005(f-3)):

    • Mail, including first-class, registered or certified mail, or a delivery service
    • Delivery to the inside of the unit, in a conspicuous place
    • Hand delivery to any tenant who is 16 or older
    • E-mail or other electronic means, if you and the tenant agreed to that in writing

    Taping the notice to the outside of the front door is no longer a listed method. The method rules don't apply if the tenant actually receives the notice (§ 24.005(f-4)), but you'd have to prove receipt, so use a listed method.

    Counting the days

    Chapter 24 periods skip the day the notice is delivered, count weekends and holidays, and roll forward to the next business day if the last day falls on a Saturday, Sunday or holiday (§ 24.0042). Delivered Monday, a three-day notice runs Tuesday, Wednesday, Thursday; you can file Friday.

    Federally covered properties

    Some properties, such as those with federally backed mortgages or subsidies, have a federal notice period that is longer than three days. Texas now says the federal period doesn't delay filing, but the writ of possession can't be served until the time between your notice and the writ equals the federal period (§ 24.005(c-1)).

    Attorney's fees

    If your lease doesn't give you attorney's fees, you can still qualify by sending a separate written demand to vacate by registered or certified mail (return receipt requested) at least 10 days before you file. It must say you may recover attorney's fees if the tenant hasn't left before the 11th day after receiving it (§ 24.006).

    Step 3: File the eviction suit

    File a sworn petition in the justice court for the precinct where the property is located (§§ 24.004, 24.0041, 24.00505). The petition's contents come from the Texas Rules of Civil Procedure, and courts can't add local requirements beyond those rules (§ 24.00506). You can ask for unpaid rent in the same suit, and you can still recover it if the tenant moves out after you file (§ 24.0051(b)).

    In justice court you may represent yourself or use an authorized agent who isn't a lawyer (§ 24.011). The justice court decides only who gets possession. It doesn't decide title, and counterclaims aren't allowed in the eviction suit.

    Bring to filing:

    • The lease and any addenda
    • The notice, with proof of how and when you delivered it
    • A rent ledger showing what is owed, if rent is the issue
    • Photos, messages or other evidence of the violation, if it's not about rent

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    Step 4: Summary disposition or trial

    New in 2026, you can attach a sworn motion for summary disposition to the petition, with the supporting facts and documents. The tenant then has until the fourth day after being served to file a response. If there are no genuinely disputed facts, the court can rule for you without a trial. If there are, the court sets a trial no earlier than the 10th day and no later than the 21st day after you filed (§ 24.005106).

    Bring the same documents to trial. A tenant who doesn't appear risks a default judgment, and the citation served on the tenant must say so (§ 24.0051(c)).

    Step 5: The appeal window and the writ

    Either side may appeal to county court within five days after the judgment is signed, by filing a bond, cash deposit or a statement of inability to afford court costs. A tenant who appeals must affirm a good-faith belief in a meritorious defense (§ 24.005107). In a residential case, the judgment states the rent the tenant must pay into the court registry while an appeal is pending (§ 24.0053).

    If there's no appeal, request the writ of possession. It can't issue before the sixth day after judgment unless a possession bond was approved (§ 24.0061(b)). Then:

    1. The sheriff or constable must serve the writ within five business days after it issues.
    2. The officer posts a warning on the outside of the front door giving a date and time for execution at least 24 hours later.
    3. At execution, the officer delivers possession to you, tells the occupants to leave, and has their belongings removed and placed outside nearby, not blocking a sidewalk or street and not while it is raining, sleeting or snowing.

    What you can't do

    Don't remove the tenant yourself, take out doors or windows, or remove furniture or appliances you supplied, except for genuine repairs (Tex. Prop. Code § 92.0081).

    Texas does allow a landlord to change the locks on a tenant who is behind on rent, but only if the lease gives that right and you give advance written notice (mailed at least five days or hand-delivered or posted inside the main entry door at least three days before). The notice must state the amount owed and that the tenant can get a new key at any hour, whether or not they pay. You can't change the locks while anyone is inside, or more than once per rental period, and you must hand over the key on request. Violations carry a civil penalty of one month's rent plus $1,000, actual damages and attorney's fees (§ 92.0081(d)–(k)). A lock change pressures payment; it doesn't end the tenancy or replace the eviction suit.

    Before you start: rent and late fees

    If the eviction is about rent, make sure the amount you demand is right. A Texas late fee must be in a written lease, can't be charged until rent has been unpaid two full days after the due date, and is presumed reasonable up to 12% of rent for buildings with four or fewer units, or 10% for larger buildings (Tex. Prop. Code § 92.019). The Texas late fee page and the late fee calculator help you check the number. A late rent notice sent early often settles things before a notice to vacate is needed.

    For how Texas compares with other states, see eviction notice types explained, and for the rest of the state's rules, the Texas landlord-tenant law page. Before filing, make sure you've met your own duties too; see landlord responsibilities by state. A clear lease avoids many of these disputes; the Texas lease agreement page covers what to include.

    Sources

    Official sources cited above (checked 2026-10-28):

    Frequently asked questions

    How long does an eviction take in Texas?

    The statutory minimums add up to a few weeks: at least 3 days' notice, a trial no earlier than 10 days after filing if facts are disputed, 5 days to appeal, and a writ no sooner than the 6th day after judgment, executed at least 24 hours after a posted warning.

    Can I post the Texas eviction notice on the tenant's door?

    Not on the outside of the door. Since January 1, 2026, the notice must be mailed, placed inside the unit in a conspicuous place, handed to a tenant 16 or older, or e-mailed if you both agreed in writing.

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