Eviction Process In Texas

Evicting a tenant in Texas means following eviction case (forcible entry and detainer / forcible detainer suit) in Justice Court (precinct where the property is located) exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to Texas's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

Texas eviction suits are filed in Justice Court under Texas Property Code Chapter 24, and are procedurally governed by Texas Rule of Civil Procedure 510, which the Texas Supreme Court completely rewrote effective January 1, 2026 to implement 2025 legislation (S.B. 38).

• An eviction case is a lawsuit brought to recover possession of real property under Chapter 24 of the Texas Property Code, often by a landlord against a tenant; a claim for unpaid rent may be joined if not more than $20,000. (Tex. R. Civ. P. 510.1(a))
• A justice court in the precinct where the real property is located has jurisdiction over eviction suits. (Tex. Prop. Code § 24.004)

Lawful Grounds For Eviction

A landlord may sue for possession after default or holdover under the lease, or against a person in possession under someone who acquired possession by forcible entry.

• A landlord may evict a tenant who defaults or holds over beyond the end of the rental term or renewal period, after giving the required notice to vacate. (Tex. Prop. Code § 24.005(a))

Notice Requirements

Texas requires at least a 3-day written notice to vacate before filing suit, unless the lease sets a different period.

• A landlord must give a tenant who defaults or holds over at least 3 days' written notice to vacate before filing a forcible detainer suit, unless the parties have contracted for a shorter or longer period in a written lease. (Tex. Prop. Code § 24.005(a))
• Notice to vacate must be given in person or by mail; personal delivery may be to the tenant, to any resident 16 or older, or by affixing the notice to the inside of the main entry door. (Tex. Prop. Code § 24.005(f))

Filing The Case

Effective January 1, 2026, a sworn petition is filed in the justice court of the precinct where the premises sit, using the new Rule 510 pleading requirements.

• A petition in an eviction case must be sworn to by the plaintiff and must state, among other things, the grounds for eviction, a description of when and how pre-suit notice was given, the total rent due and unpaid, if any, and whether the plaintiff is joining a motion for summary disposition. (Tex. R. Civ. P. 510.6(a))
• The petition must be filed in the precinct where the premises is located; if filed elsewhere, the judge must dismiss the case. (Tex. R. Civ. P. 510.6(c))
• A corporate or other entity landlord may be represented in an eviction case by an employee, owner, officer, or partner, by a property manager or other authorized agent, or by an attorney. (Tex. R. Civ. P. 510.3(b))

Serving The Tenant

Only a sheriff or constable may serve the citation in an eviction case, with a 5-business-day diligence window before an alias citation to another officer becomes available; the citation must set trial not less than 10 nor more than 21 days after filing.

• Only a sheriff or constable may serve a citation in an eviction case; if not served within 5 business days after filing, the plaintiff may request an alias citation served by another trained law enforcement officer. (Tex. R. Civ. P. 510.8(d))
• The citation must state the day the defendant must appear in person for trial, which must not be less than 10 days nor more than 21 days after the petition is filed. (Tex. R. Civ. P. 510.8(b)(10))
• No eviction trial may be held until 4 days have passed after service under Rule 510.8. (Tex. R. Civ. P. 510.15(b))

The Tenant's Response

A written answer is not required; a general denial is sufficient and does not bar raising defenses at trial.

• The defendant may, but is not required to, file a written answer on or before the day set for trial in the citation. (Tex. R. Civ. P. 510.11(a))
• An answer that generally denies all of the plaintiff's allegations without specifying reasons is sufficient to constitute an answer or appearance and does not bar the defendant from raising any defense at trial. (Tex. R. Civ. P. 510.11(c))

Hearing And Judgment

Judgment for the landlord awards possession, costs, and delinquent rent as of judgment; a defaulting tenant's failure to appear results in the allegations being taken as admitted.

• If the defendant fails to appear at trial and has not filed an answer, and proof of service has been filed, the allegations of the petition must be taken as admitted and judgment by default rendered. (Tex. R. Civ. P. 510.16(a))
• If judgment is for the plaintiff, the judge must render judgment for possession of the premises, costs, delinquent rent as of the date of entry of judgment, if any, and attorney fees if recoverable by law. (Tex. R. Civ. P. 510.18(d))

The Writ And Lockout

A writ of possession may not issue before the 6th day after judgment (or the appeal deadline, if later), must be posted with at least 24 hours' warning before execution, and removed personal property is placed outside the unit rather than discarded on the spot.

• No writ of possession may issue before the 6th day after the date a judgment for possession is signed, or the day following the deadline to appeal, whichever is later; the writ may not issue more than 60 days (extendable to 90 for good cause) after judgment, and may not be executed after the 90th day. (Tex. R. Civ. P. 510.18(g))
• A party may appeal a justice-court eviction judgment by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs within 5 days after the judgment is signed. (Tex. R. Civ. P. 510.19(a))
• The writ of possession must order the officer to post a written warning on the exterior of the front door stating that the writ has been issued and will be executed on or after a date not sooner than 24 hours after the warning is posted; the officer then has personal property removed and placed outside the unit at a nearby location. (Tex. Prop. Code § 24.0061)

Prohibited Practices

Texas law bars landlord lockouts and utility shutoffs as eviction tactics outside the specific, notice-driven rent-delinquency lockout procedure or judicial process.

• A landlord may not interrupt or cause the interruption of a tenant's utility service, including water, gas, or electric service, unless the interruption results from bona fide repairs, construction, or an emergency. (Tex. Prop. Code § 92.008)
• A landlord may not change the door locks of a tenant who is delinquent in paying rent unless written notice is delivered or mailed a set number of days before the lock change, stating the earliest date of the change, the amount owed to prevent it, and the tenant's right to a new key at any hour regardless of payment. (Tex. Prop. Code § 92.0081)

Recent Changes Worth Tracking

• The Texas Supreme Court completely rewrote eviction procedure as a standalone Rule 510, effective for any eviction suit filed on or after January 1, 2026, to implement the Act of May 28, 2025, 89th Leg., R.S., ch. 960 (S.B. 38); suits filed before that date remain governed by the prior rules. (Tex. Sup. Ct. Misc. Docket No. 25-9096 (Nov. 21, 2025))
• Under the rewritten Rule 510 effective January 1, 2026, corporate or other entity landlords may still be represented in eviction cases by a property manager or other authorized agent (not just an attorney), even though that same representation option was removed for other justice-court case types under the companion amendments to Rule 500.4. (Tex. R. Civ. P. 510.3(b))

Eviction is the last step in a relationship that's already gone wrong. See our guide to Texas property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a Texas attorney, and confirm the current text of any rule cited above with Justice Court (precinct where the property is located) or the Texas legislature.

Sources

Every fact above is drawn from one of the official sources below.

• Tex. R. Civ. P. 510.1(a), Supreme Court of Texas, Misc. Docket No. 25-9096
• Tex. Prop. Code § 24.004, Texas Statutes (Texas Legislature Online)
• Tex. Prop. Code § 92.008, Texas Statutes (Texas Legislature Online)