Eviction Process in Texas
Reviewed by DocDraft Legal Team - Texas - Last updated November 11, 2026
The eviction process in Texas is an eviction suit in the justice court of the precinct where the property is located, under Property Code chapter 24. Texas rewrote Rule 510 of the Texas Rules of Civil Procedure for eviction cases filed on or after January 1, 2026; confirm the current Rule 510 timing with the justice court. Under that rule, the petition must be sworn, only a sheriff or constable may serve the citation, and the citation sets a trial day not less than 10 nor more than 21 days after the petition is filed. Under the Property Code, the officer posts a written warning on the front door before executing the writ of possession, and the writ may be executed no sooner than 24 hours after the warning is posted.
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How does the eviction process work in Texas?
A Texas landlord files an eviction suit in the justice court of the precinct where the property is located. Under Rule 510 as rewritten for cases filed on or after January 1, 2026, a sheriff or constable serves the citation and the tenant appears for trial; confirm current Rule 510 timing with the justice court. Judgment leads to a writ.
When is the trial in a Texas eviction case?
Under Rule 510 as rewritten for cases filed on or after January 1, 2026, the citation states a trial day not less than 10 nor more than 21 days after the petition is filed, and the tenant may, but is not required to, file a written answer on or before the trial day. Confirm with the justice court.
What happens after a Texas landlord wins an eviction case?
Under Property Code 24.0061, a writ of possession may not be issued before the sixth day after the judgment for possession is rendered, unless a possession bond has been filed and approved. The officer then posts a written warning on the front door, and the writ is executed no sooner than 24 hours after the warning is posted.
Can a Texas landlord lock out a tenant or shut off utilities?
A landlord may not intentionally prevent a tenant from entering except by judicial process, unless the exclusion results from bona fide repairs, construction or an emergency, removing the contents of premises a tenant abandoned, or a lock change for delinquent rent that follows the statute's lease, notice and key rules. Utility interruptions are barred except in limited listed cases.
How Texas eviction suits run
Texas eviction suits belong to the justice courts: a justice court in the precinct where the property is located has jurisdiction, and eviction suits include forcible entry and detainer and forcible detainer suits (Property Code 24.004(a)). Texas rewrote Rule 510 of the Texas Rules of Civil Procedure for eviction cases filed on or after January 1, 2026; confirm the current Rule 510 timing with the justice court. Under that rule the petition must be sworn and describe when and how the pre-suit notice was given, a sheriff or constable is the only one who may serve the citation, the trial day falls not less than 10 nor more than 21 days after filing, and a party may appeal within 5 days after the judgment is signed by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs. The Property Code sets two points plainly: no writ of possession may issue before the sixth day after the judgment for possession is rendered unless a possession bond has been filed and approved (24.0061(b)), and a tenant who appeals a residential eviction must pay rent for one rental pay period into the justice court registry not later than the fifth day after filing the appeal (24.0053). Before filing, the tenant must have had the required notice to vacate; the notice to vacate guide covers that step, and DocDraft's eviction notice page can prepare it.
Relevant Laws
Property Code 24.004 (justice court jurisdiction)
A justice court in the precinct where the real property is located has jurisdiction in an eviction suit.
Texas Rule of Civil Procedure 510 (eviction cases, as rewritten for 2026)
Petition, service, trial, judgment, writ and appeal rules for eviction cases filed on or after January 1, 2026, as published in the Texas Register; confirm the current text with the court.
Property Code 24.0061 and 24.0053 (writ and rent on appeal)
No writ before the sixth day after judgment unless a possession bond is approved; a posted warning at least 24 hours before execution; a tenant who appeals a residential eviction pays rent into the registry.
Property Code 92.0081 and 92.008 (lockouts and utilities)
A landlord may not prevent entry except by judicial process unless an exception in 92.0081(b) applies, or interrupt utilities except in the limited cases 92.008 lists.
Regional Variances
Texas eviction process rules
Court and action
Eviction suit (forcible entry and detainer or forcible detainer) in the justice court of the precinct where the property is located (Property Code 24.004(a)).
Filing papers
A petition sworn to by the landlord that describes how pre-suit notice was given; for a written residential lease, it names every lease-obligated tenant living there whom the landlord seeks to evict; no statewide form is required (Rule 510 as rewritten for 2026 cases; confirm current text).
Who serves and how
Only a sheriff or constable, at least 4 days before trial; alias citation to another trained officer if not served within 5 business days (Rule 510 as rewritten for 2026 cases; confirm current text).
Tenant response and trial
Written answer optional; tenant appears in person for a trial set not less than 10 nor more than 21 days after filing (Rule 510 as rewritten for 2026 cases; confirm current text).
Judgment and writ
No writ before the sixth day after judgment unless a possession bond has been filed and approved (Property Code 24.0061(b)), and under Rule 510 as rewritten for 2026 cases not before the day after the appeal deadline if later; no issuance after 60 days, or 90 for good cause (Rule 510 as rewritten for 2026 cases; confirm current text).
Notice before removal
Written warning posted on the front door; writ executed no sooner than 24 hours after posting (Property Code 24.0061(d)(1)).
Appeal and rent
Appeal within 5 days after the judgment is signed by bond, cash deposit or Statement of Inability (Rule 510 as rewritten for 2026 cases; confirm current text); a tenant who appeals a residential eviction pays one rental pay period's rent into the registry within 5 days of filing the appeal (Property Code 24.0053).
Self-help ban
No preventing entry except by judicial process unless a 92.0081(b) exception applies, such as a lock change for delinquent rent under the statute's lease, notice and key rules; no utility interruption except in the limited cases 92.008 lists; civil penalty of one month's rent plus $1,000.
Suggested Compliance Checklist
Serve the notice to vacate
Before filing days after startingGive the written notice to vacate, or notice to pay rent or vacate where it applies, and keep a record of when and how you gave it.
File a sworn petition in the right precinct
After the notice period days after startingFile in the justice court of the precinct where the property is located; for a written residential lease, name every lease-obligated tenant living there whom you seek to evict (Rule 510 as rewritten for 2026 cases; confirm with the court).
Confirm service by the sheriff or constable
At least 4 days before trial days after startingUnder Rule 510 as rewritten for cases filed on or after January 1, 2026, check that the officer served the citation in time, or request an alias citation after 5 business days; confirm current Rule 510 timing with the justice court.
Attend the trial
10 to 21 days after filing, per the citation days after startingBring the residential lease agreement, the notice and your rent records; confirm current Rule 510 timing with the justice court.
Request the writ of possession
Sixth day after judgment or later (possession bond and appeal-deadline rules apply) days after startingRequest the writ once it can issue; the officer posts a warning at least 24 hours before executing it.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Serve the notice to vacate | Give the written notice to vacate, or notice to pay rent or vacate where it applies, and keep a record of when and how you gave it. | eviction-notice | Before filing |
| File a sworn petition in the right precinct | File in the justice court of the precinct where the property is located; for a written residential lease, name every lease-obligated tenant living there whom you seek to evict (Rule 510 as rewritten for 2026 cases; confirm with the court). | - | After the notice period |
| Confirm service by the sheriff or constable | Under Rule 510 as rewritten for cases filed on or after January 1, 2026, check that the officer served the citation in time, or request an alias citation after 5 business days; confirm current Rule 510 timing with the justice court. | - | At least 4 days before trial |
| Attend the trial | Bring the residential lease agreement, the notice and your rent records; confirm current Rule 510 timing with the justice court. | - | 10 to 21 days after filing, per the citation |
| Request the writ of possession | Request the writ once it can issue; the officer posts a warning at least 24 hours before executing it. | - | Sixth day after judgment or later (possession bond and appeal-deadline rules apply) |
Frequently Asked Questions
Other Texas guides
Adult Guardianship in Texas
Adverse Possession in Texas: Five Limitations Periods and a 160 Acre Cap
Asset Protection Planning in Texas (2026)
Dealing With Debt Collectors in Texas (2026)
Delinquent Property Taxes in Texas: A Lawsuit, a First Tuesday Sale, and a Flat Premium to Buy It Back
Expunging a Criminal Record in Texas (2026)
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