How to evict a tenant in Texas: steps and timeline
In Texas you start with a written notice to vacate, normally three days unless the lease sets a different period, then file an eviction suit in the justice court for the precinct where the property sits. If you win, the court can issue a writ of possession no sooner than the sixth day after judgment, and only a sheriff or constable removes the tenant. Locking the tenant out yourself or cutting off utilities is not an option.
What notice does Texas require before an eviction suit?
Section 24.005 of the Property Code says a landlord must give a tenant who defaults or holds over at least three days' written notice to vacate before filing a forcible detainer suit, unless a written lease or agreement sets a shorter or longer period. Texas has no separate "pay or quit" form. The notice to vacate is the one required notice, and if you already sent a written reminder that rent is unpaid, subsection (i) lets the notice also demand that the tenant pay by the stated date or leave.
The same section controls how you deliver it. The notice goes to the premises, in person or by mail. In person can mean handing it to the tenant or to someone living there who is at least 16, or handing it over and also fixing a copy to the inside of the main door. By mail can be regular, registered or certified mail, return receipt requested, addressed to the premises. A sealed envelope on the outside of the door, plus a same-day mailing in the same county, is allowed only in narrow cases, such as a unit with no mailbox and a keyless bolting device. The notice period is counted from the day it is delivered.
A month-to-month tenancy that you simply want to end works differently. Section 24.005(a) sends a holdover case back to Section 91.001, which sets the notice to end that kind of tenancy. See the pay-or-quit guide for the general pattern across states.
What changed on January 1, 2026?
The Supreme Court of Texas rewrote Rule 510, the justice court eviction rule, to carry out Senate Bill 38 of 2025, and the amendments apply to suits filed on or after January 1, 2026. A suit filed now follows the new numbering described below. Because the Legislature also changed parts of Chapter 24, read the current text of the sections cited here before you rely on a date.
Where do you file and what happens at the hearing?
Eviction suits are filed in the justice court of the precinct where the rental is located. Fees vary by county, so ask the court clerk. When you file, the court issues a citation that sets a trial date not less than 10 days and not more than 21 days after the petition is filed (Rule 510.8). The sheriff or constable normally serves it, and no trial may be held until 4 days have passed after service (Rule 510.15).
If the tenant does not appear, the court may enter a default judgment. If the tenant appears, the judge hears both sides, usually in one short hearing. Your proof is the lease, the ledger, the notice to vacate and how you delivered it.
How long until the tenant is actually out?
Winning gives you a judgment for possession. Under Section 24.0061, a writ of possession may not be issued before the sixth day after judgment, and Rule 510.18 adds that it also waits for the appeal deadline to run, whichever is later. A tenant has 5 days after the judgment is signed to appeal by bond, cash deposit or a statement of inability to pay costs (Rule 510.19). Under Rule 510.18, a writ may not issue more than 60 days after judgment (90 days for good cause), and may not be executed after the 90th day.
You pay to issue and execute the writ. It orders the officer to post a warning of at least 8-1/2 by 11 inches on the front door, giving a date and time not sooner than 24 hours after posting. When the writ is executed, the officer delivers possession to you and removes the tenant if needed. The officer sets the tenant's belongings outside, not in rain, sleet or snow, and not blocking a sidewalk or street.
Example a made-up landlord delivers a notice to vacate on Tuesday, November 3, 2026, and the tenant does not pay. The three days are up on Friday, November 6, so the landlord files on Monday, November 9. The court sets trial for Thursday, November 19, inside the 10 to 21 day window, and the judge grants possession that day. The tenant's 5 days to appeal end Tuesday, November 24, so the writ cannot issue until Wednesday, November 25. If the officer posts the warning that day, the earliest removal is Thursday, November 26. From notice to removal that is 23 days, with no appeal and no delay in service. Courts are often slower; treat 23 days as a floor.
Can the tenant stop it by paying?
The statutes we read give no automatic right to cure after the notice period ends. Whether a landlord accepts rent after sending the notice is a choice with consequences, so ask an attorney before cashing a payment mid-case, and write down any agreement. If the tenant appeals a nonpayment case and does not pay the initial rent deposit into the court registry within 5 days of filing a pauper's affidavit, Section 24.0054 lets the justice court issue the writ without a hearing.
What can a Texas landlord never do?
- Cut off water, wastewater, gas or electric service the landlord provides, unless it results from bona fide repairs, construction or an emergency (Section 92.008). A violation lets the tenant recover possession or end the lease and collect actual damages, one month's rent plus $1,000, attorney's fees and costs.
- Remove doors, windows or locks, or intentionally keep the tenant out of the home except by judicial process. Section 92.0081 allows changing the lock only for a tenant who is behind on rent, only if the lease says so, with the written notice the section lists, and the landlord must hand over a new key at any hour even if no rent is paid.
- Retaliate within six months after the tenant makes a repair request or complains to a housing or code agency (Section 92.331), by filing an eviction, cutting services or raising the rent.
How DoorKeeping handles it
DoorKeeping tracks rent and late fees in each property's books, keeps late fees within your state's cap, and keeps the tenant ledger you will bring to court. Documents and emails to tenants are saved in one place. It does not file evictions or serve notices. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.
Sources
- Texas Property Code Chapter 24 (Forcible Entry and Detainer), Sections 24.005, 24.0054, 24.0061, read Oct 30, 2026
- Texas Property Code Chapter 92 (Sections 92.008, 92.0081, 92.331), read Oct 30, 2026
- Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510, effective January 1, 2026), read Oct 30, 2026
Questions
- How many days notice do I give a tenant in Texas?
- At least three days' written notice to vacate, unless the lease sets a shorter or longer period (Property Code 24.005). Check what your lease says first.
- Can I change the locks on a tenant who owes rent in Texas?
- Only under the narrow conditions in Section 92.0081: the lease must allow it, the tenant must be behind, you must give advance written notice, and you must give the tenant a new key at any hour. Many landlords avoid it and file an eviction instead.
- Who removes the tenant after I win?
- A sheriff, constable or other trained officer executes the writ of possession. You never remove the tenant yourself.