Last updated: August 4, 2026
Texas Eviction Process 2026: 21 Days Start to Finish
The step-by-step landlord guide to evicting a tenant in Texas — notice requirements, JP court filing, costs, timelines, and appeal rules under Property Code Chapter 24.
Key Takeaways
- Fastest eviction in the US — typically 21 days uncontested
- 3-day notice to vacate (default, can be changed in lease to 1 day or 0 with clause)
- Filed in Justice of the Peace (JP) court, not district court
- Filing fee: $54–$121
- Total cost: $500–$3,000 (significantly cheaper than California)
- Appeal goes to county court (de novo trial, 8 days to appeal)
Step-by-Step Eviction Process
Step 1: Serve Notice to Vacate
Deliver a written notice to vacate. Default is 3 calendar days (Property Code §24.005). Can be served by personal delivery, mail to the premises, or posting on the inside of the main entry door. The notice period can be modified in the lease — including to 1 day or 0 days with an explicit written clause.
Step 2: File Eviction Suit in JP Court
After the notice period expires and the tenant has not vacated, file a forcible detainer suit in the Justice of the Peace court in the precinct where the property is located. Filing fee is $54–$121 depending on the county.
Step 3: Tenant Is Served with Citation
The court issues a citation to the tenant. The hearing must be set no earlier than 10 days and no later than 21 days after the citation is issued (Texas Rules of Civil Procedure, Rule 739).
Step 4: Court Hearing
Both parties appear before the Justice of the Peace. If the tenant does not appear, the court enters a default judgment in the landlord’s favor. If both appear, the judge hears evidence and rules. No jury unless requested.
Step 5: Judgment and Writ of Possession
If the landlord wins, the tenant has 5 days to appeal or vacate. If no appeal is filed, the landlord can request a writ of possession. The constable posts a 24-hour notice, then physically removes the tenant and belongings if necessary.
Notice Requirements
Under Property Code §24.005, a landlord must give written notice to vacate before filing an eviction suit. The default notice period is 3 calendar days, but the lease can modify this:
| Notice Period | When It Applies |
|---|---|
| 3 days | Default under §24.005 (if lease is silent or no written lease) |
| 1 day | If the lease explicitly states a 1-day notice period |
| 0 days | If the lease includes an explicit waiver of notice (rarely upheld in practice) |
| 30+ days | If the lease specifies a longer notice period (common in month-to-month) |
Service Methods (§24.005)
The notice to vacate must be delivered by one of three methods:
- Personal delivery to the tenant or any person residing at the premises who is 16 years or older
- Mail to the premises (adds extra time — 3 days for regular mail)
- Posting on the inside of the main entry door — not the outside, not taped to the doorframe
Critical detail: The notice must be posted on the inside of the main entry door, not the outside. Posting on the outside of the door does not satisfy the statute and can invalidate the entire eviction.
LeaseBase generates compliant eviction notices and tracks every deadline.
Try Free →Costs Breakdown
| Expense | Cost Range | Notes |
|---|---|---|
| JP Court filing fee | $54–$121 | Varies by county |
| Service of citation | $75–$150 | Constable or process server |
| Writ of possession | $150–$300 | Constable execution fee |
| Attorney (optional) | $300–$1,500 | Flat fee for uncontested eviction |
| Total (uncontested) | $500–$3,000 | Compare: CA averages $5,000–$15,000+ |
Eviction Timeline
Serve notice to vacate — 3-day default period begins
File eviction suit in JP court (notice period has expired)
Tenant served with citation by constable or process server
Court hearing — 10–21 days after citation served. Judge rules.
Writ of possession issued after 5-day appeal window. Constable posts 24-hour final notice, then removes tenant.
Best case (uncontested): ~21 days from notice to physical removal. Contested or appealed: 60–90+ days if the tenant appeals to county court for a de novo trial.
Appeal Process
If either party loses in JP court, they have 8 calendar days to file an appeal to county court. Key facts about appeals:
- De novo trial — the county court hears the case from scratch, as if the JP trial never happened
- Appeal bond required — the tenant must post a bond (typically one month’s rent) to appeal
- Tenant must pay rent into the court registry during the appeal, or the appeal can be dismissed
- Timeline: appeals can add 30–60+ days to the process
- Attorney recommended — county court is more formal than JP court
Note: If the tenant appeals but fails to pay rent into the court registry as it comes due, the landlord can file a motion to dismiss the appeal. This is a common and effective tool for landlords dealing with frivolous appeals.
Common Mistakes
Posting notice on the outside of the door
The statute requires posting on the inside of the main entry door. Posting on the outside does not comply with §24.005 and will result in dismissal.
Filing before the notice period expires
You must wait the full notice period (3 days by default) before filing. Filing on day 2 of a 3-day notice voids the case.
Self-help eviction (lockouts, utility shutoffs)
Changing locks, removing doors, shutting off utilities, or removing a tenant’s belongings without a court order is illegal under §92.0081. Penalties include one month’s rent + $1,000 + actual damages + attorney fees.
Accepting partial rent after serving notice
Accepting any payment after serving a notice to vacate may waive the notice and require you to start the process over. If you accept rent, the court may view it as reinstating the tenancy.
Frequently Asked Questions
Can I evict a tenant without a written lease in Texas?
Yes. Without a written lease, the tenancy is presumed to be month-to-month. You must still serve a notice to vacate (3 days is the default) and follow the standard JP court process. The absence of a written lease does not prevent eviction — it may actually simplify the landlord’s case since there are fewer lease terms for the tenant to dispute.
What happens if the tenant does not show up to the hearing?
If the tenant fails to appear at the hearing, the Justice of the Peace will enter a default judgment in the landlord’s favor. The tenant then has 5 days to appeal. If no appeal is filed, the landlord can immediately request a writ of possession. Default judgments are the most common outcome in Texas evictions.
Can the tenant stop the eviction by paying rent?
Texas does not have a statutory “right to cure” or “pay and stay” provision. Once the notice to vacate has been served and the notice period has expired, the landlord is not required to accept payment to stop the eviction. However, if the landlord does accept rent after serving notice, it may waive the notice and require restarting the process. Include clear lease language about this.
Written by Rachid Abadli
Sacramento-based landlord and founder of LeaseBase
This guide is based on Texas Property Code Chapter 24 (Forcible Entry and Detainer), Texas Rules of Civil Procedure Rules 738–755, and current JP court procedural requirements. Last verified against the Texas Legislature Online database on August 4, 2026.
Texas Eviction Resources
TX Eviction Notice Templates
Free copy-paste templates for 3-day notice, 30-day notice, and lease violation notices.
Get templates →TX Landlord-Tenant Laws
Complete overview of Texas Property Code rules for landlords.
Read the guide →TX Security Deposit Laws
No limit, 30-day return, 3x penalties, and allowable deductions.
Read the guide →TX Landlord-Tenant FAQ
20 questions answered about Texas rental law.
Read FAQ →Get every eviction step right the first time
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This guide is for informational purposes only and does not constitute legal advice. Eviction procedures, filing fees, and timelines vary by county and are subject to change. Consult a qualified Texas real estate attorney for guidance on your specific situation.