What to Expect When You File an Eviction in Texas
The Texas eviction process is predictable when you know what to expect. Most cases follow the same three phases - notice, court, and execution - and the timeline floors are set by statute. This page walks through every stage with the specific TX Property Code and Texas Rules of Civil Procedure citation behind it.
Notice (Day 0 - 7)
Documenting the situation, preparing and serving the statutory notice to vacate, and waiting out the cure-or-vacate window.
Something Goes Wrong
Trigger Event
Tenant stops paying rent or remains in possession after the lease term expires. This is the moment most landlords realize they need help.
What EvictFlow handles
Free intake conversation. We confirm the facts you provide and outline the procedural steps that follow. We do not interpret your lease or evaluate contested legal issues; for that, see a Texas-licensed attorney.
Notice to Vacate
TX Property Code Section 24.005
A written notice to vacate is prepared per TX Property Code Section 24.005: minimum 3 days for residential nonpayment or holdover unless the lease specifies a different period. Under SB 38 (effective January 1, 2026), if the tenant was not previously late before the month of the notice, the first nonpayment notice must be in the form of a notice to pay rent or vacate. SB 38 also broadened permissible delivery to include mail, conspicuous-place posting, in-person delivery to an occupant 16 or older, and agreed electronic delivery.
What EvictFlow handles
We prepare the notice with the correct statutory language, proper tenant names, and deliver it by certified mail by default so the evidentiary record is clean. For SB 38 first-month nonpayment cases, we use the pay-or-vacate form.
Notice Period Expires
Cure or Vacate Window
The tenant has the notice period to pay (or vacate, for holdover). If they do neither, we proceed to filing. Tenants who are going to leave voluntarily typically do so during this window.
What EvictFlow handles
We track the notice-period countdown and confirm whether the tenant has responded, paid, or vacated.
Court (Day 5 - 21)
Filing the forcible detainer petition in the correct precinct, getting the tenant served, and appearing at the JP court hearing.
Eviction Petition Filed
Forcible Detainer Suit - TRCP Rule 510.6
A sworn forcible detainer petition is filed in the JP court of the precinct where the property is located. Filing fees are set in part by Texas Government Code Chapter 118 and in part by each county's commissioners court order; combined filing-plus-service totals vary by county and currently range roughly $134-$185 in DFW and Austin counties.
What EvictFlow handles
We file in the right court the first time. Filing in the wrong precinct can mean dismissal. We handle the paperwork, pay the filing fee, and confirm the case number.
Citation Served on Tenant
TRCP Rule 510.8 - Citation and Service
The constable, sheriff, or another TCOLE-trained law enforcement officer (an SB 38 expansion) serves the citation. Under TRCP Rule 510.8(d)(4), service must be attempted with diligent effort within 5 business days of filing, and the tenant must be served at least 4 days before the trial date.
What EvictFlow handles
We coordinate with the constable's office, track service status, and confirm proper service before the hearing.
JP Court Hearing & Judgment
TRCP Rule 510.8(b)(10), Rule 510.15, Rule 510.18
Trial is set 10 to 21 days after the petition is filed (TRCP Rule 510.8(b)(10)) and may not be held until at least 4 days after service of citation (TRCP Rule 510.15(b)). JP eviction hearings are typically short, and judgment is often announced from the bench under TRCP Rule 510.18 - though same-day rulings are customary, they are not required by rule.
What EvictFlow handles
We appear as your authorized agent under TX Property Code Section 24.011 and TRCP Rule 510.3 with documentation organized (lease, ledger, notice and proof of service, citation return, photos).
Execution (Day 19 - 30+)
Waiting out the appeal window, requesting the writ of possession, and coordinating the constable's execution.
Appeal Window Closes
TRCP Rule 510.19 - 5-Day Appeal Window
Under TRCP Rule 510.19(a), the tenant has 5 days from the date judgment is signed to file an appeal bond, cash deposit, or Statement of Inability to Afford Payment. If the tenant appeals, the case moves to county court for trial de novo, adding 30 to 90 days; the appeal bond and rent-into-registry rules under TX Property Code Section 24.0053 (tightened by SB 38) govern whether the tenant can remain in possession during appeal.
What EvictFlow handles
We monitor the appeal window, notify you the moment any filing happens, and prepare the writ-of-possession request to be filed as soon as the window closes.
Writ of Possession Issued
TRCP Rule 510.18(g); TX Property Code Section 24.0061
Under TRCP Rule 510.18(g)(1) and TX Property Code Section 24.0061 (amended by SB 38, effective January 1, 2026), the writ may not issue before the 6th day after judgment unless the landlord has posted a possession bond. The writ may not issue more than 60 days after judgment (90 days for good cause). The constable posts a 24-hour written warning on the front door before physical execution. SB 38 expanded service eligibility so the writ may be executed by sheriff, constable, or another TCOLE-trained law enforcement officer.
What EvictFlow handles
We file the writ-of-possession request the day the appeal window closes and coordinate the constable's execution with you.
Property Returned
Possession Restored
The constable executes the writ and possession is restored to the landlord. Total timeline depends on county docket density and whether the tenant contests. Uncontested cases typically resolve in 21-35 days; contested cases that go to county court can run 45-60+ days.
What EvictFlow handles
Final case report with the full documented file: timeline, costs, outcome, and any follow-up coordination with the constable on personal-property disposition.
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Typical Texas Timeline Ranges
Every case is different. These ranges aggregate the statutory floors (3-day notice, 10-21 day trial window, 5-day appeal, 6-day pre-writ delay) with typical county docket pacing across DFW and Austin.
21-35 days
Uncontested
Tenant does not respond, vacates voluntarily, or fails to appear at trial
35-45 days
Standard
Tenant appears at JP trial but the case is straightforward
45-60+ days
Contested
Tenant files an appeal to county court, adding the trial de novo
Primary sources
Every statutory citation on this page is verified against the official sources below. We update this page when the statute or rules change.
- Texas Rules of Civil Procedure - Justice Court Rules (Rules 500-510)
Effective March 1, 2026
- TX Property Code Chapter 24 - Forcible Entry and Detainer
Post-SB 38, effective January 1, 2026
- Senate Bill 38 - 89th Texas Legislature, Regular Session
Signed June 20, 2025; effective January 1, 2026
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