Texas Eviction Process Timeline: Notice, Trial, and Writ

A Texas eviction typically runs about three to four weeks from the first written notice to the physical lockout when the tenant does not fight back. If the tenant appeals or raises a valid defense, the Texas eviction process timeline stretches to two or three months, sometimes longer. Every step is governed by Texas Property Code Chapter 24, and each step has its own clock.

Step 1: Notice to Vacate (At Least 3 Days)

Nothing can be filed in court until the landlord gives written notice to vacate. The statutory minimum is three days, though a lease can set a shorter or longer period. The same three-day floor applies to tenants without a written lease and tenants who have stayed past the lease term.¹

When the eviction is for unpaid rent, the form of notice depends on history. A tenant who has never been late before the current month must get a “pay rent or vacate” notice with a chance to cure. A tenant with a history of late payments can be given either a pay-or-vacate notice or a straight vacate notice with no cure option.¹

The notice can be delivered by regular or certified mail, left inside the premises in a conspicuous place, handed to any occupant at least 16 years old, or sent electronically if both sides agreed to that in writing.¹

One situation changes the clock dramatically. If a residential property was bought at a tax or trustee’s foreclosure sale and the sitting tenant is current on rent and not otherwise in default, the new owner must give at least 30 days’ notice before filing.¹

Step 2: Filing and Service (Trial Set 10 to 21 Days Out)

After the notice period runs, the landlord files a forcible detainer petition in the Justice of the Peace court for the precinct where the property sits. Filing fees generally fall between about $50 and $150 depending on the precinct. The court issues a citation immediately.

A constable or sheriff then serves the citation and petition on the tenant. The citation sets a trial date that must be no fewer than 10 and no more than 21 days after the petition was filed, and service must happen at least six days before trial. The officer can hand the citation to the tenant directly, leave it with someone at least 16 years old at the usual residence, or, after unsuccessful attempts documented in a sworn statement, deliver it to the premises.²

Step 3: Trial and Judgment (Usually Same Day)

Justice court eviction trials move quickly. Both sides present evidence and the judge normally rules the same day. A judgment for the landlord grants possession and may add unpaid rent and court costs.³

If the tenant does not show up after being properly served, the judge can enter a default judgment. The court must then mail a copy of that default judgment to the rental unit by first-class mail within 48 hours.³ After a default, the only remaining move is an appeal.

Step 4: Five-Day Pause for Appeals

Neither side can take enforcement action for five days after the judge signs the judgment. During that window, either party can appeal to county court by filing a bond, a cash deposit, or a sworn statement of inability to afford payment of court costs.⁴ A tenant appealing must also swear, under penalty of perjury, to a good-faith belief in a valid defense.

Counting the days: the day the judgment is signed does not count. Saturdays, Sundays, and holidays do count, but if the fifth day lands on a Saturday, Sunday, or state or federal holiday, the deadline rolls to the next business day.⁵ If no appeal is filed by the deadline, the judgment is final.

A tenant who cannot afford the bond or cash deposit can file a sworn statement of inability to afford payment of court costs, listing income, assets, debts, and dependents. The landlord has five days to contest it, and if contested, the court holds a hearing within five days. The tenant bears the burden of proving inability to pay. If approved, the tenant also skips the county court filing fee.⁶

Step 5: Writ of Possession (Day 6 at the Earliest)

If no appeal is filed, the landlord can request the writ of possession starting on the sixth day after judgment. The clerk issues it as a ministerial act. A constable or sheriff must then serve the writ within five business days; if that deadline is missed, the landlord can have another law enforcement officer serve it, including an off-duty officer with proper identification and training.³

Execution has its own built-in delay. The officer first posts a written warning at least 8½ by 11 inches on the exterior of the front door, stating the date and time of return. The return cannot be sooner than 24 hours after posting. When the officer returns, everyone inside must leave immediately or be physically removed.³

There is an outer limit. The writ cannot be issued more than 60 days after the judgment is signed, though a court can extend that to 90 days for good cause. After 90 days, the writ can no longer be executed at all.

What an Appeal Adds to the Clock

Appealing sends the case to county court for a full new trial, called a trial de novo. The justice court forwards the file to the county court between six and ten days after the appeal is filed, and the county court must hold the trial within 21 days of receiving it. Both sides can offer new evidence and witnesses.⁴

A tenant can stay in the home during the appeal, but only by paying rent into the court registry. The judgment sets that amount at the fair market rent or $250, whichever is higher. The first payment is due to the justice court registry within five days of filing the appeal, and later payments go to the county court registry after transfer. Missing a registry payment does not automatically end the appeal, but it lets the landlord ask for immediate possession without another hearing. In practical terms, an appeal adds four to eight weeks to the overall timeline.

Timeline at a Glance

Notice to vacate: 3 days (30 days after certain foreclosure sales)
Petition filed to trial: 10 to 21 days
Trial to judgment: same day
Post-judgment pause for appeals: 5 days
Writ of possession issued: day 6 at earliest, with a 24-hour posted warning before lockout
Outer limit for writ issuance: 60 days (extendable to 90 for good cause)
Add for an appeal to county court: roughly 4 to 8 weeks

Reality rarely hits the minimum. Constables carry backlogs, trial dockets fill up, and holidays push deadlines out. A contested case with an appeal routinely takes two to three months from the first notice to the final lockout.

What Can Stretch or Reset the Clock

Several issues can delay an eviction or force the landlord to start over at the notice step.

Defective Notice

The notice to vacate is a jurisdictional requirement. Common errors sink the case entirely: giving fewer than three days when the lease does not authorize a shorter period, using a straight vacate notice when the tenant’s payment history required a pay-or-vacate notice, or skipping the statutorily recognized delivery methods. A dismissal means the landlord restarts the clock with a fresh notice.

Retaliation

A landlord cannot file an eviction within six months of a tenant exercising a legal right such as requesting repairs, reporting a code violation, or joining a tenant organization.⁷ The defense does not apply if the tenant is behind on rent, has intentionally damaged the property, or is simply holding over after the lease ended.

Active-Duty Military Status

When a tenant does not appear, the landlord must file an affidavit stating whether the tenant is in military service. If the tenant is on active duty, the court can appoint an attorney and postpone the proceedings. False affidavits carry real consequences; one property management company was ordered to pay $60,000 to a servicemember after submitting a false affidavit in a Texas eviction case.⁸

Illegal Self-Help

Changing locks, removing doors, or shutting off utilities to force a tenant out is prohibited. A landlord cannot remove doors, windows, locks, or other hardware from a leased unit, and cannot intentionally prevent a tenant from entering except through the judicial process.⁹ A landlord who tries to shortcut the timeline this way faces liability for actual damages, a civil penalty, court costs, and attorney’s fees, and still has to run the court process from the beginning.

1
State of Texas. Texas Code Property Code – Notice Required Before Filing Certain Eviction Suits
2
South Texas College of Law. Rule 510.4 – Issuance, Service, and Return of Citation
3
State of Texas. Texas Code Property Code – Writ of Possession
4
State of Texas. Texas Code Property Code – Appeal to County Court
5
State of Texas. Texas Code Property Code – Computation of Time
6
State of Texas. Texas Code Property Code – Tenant Appeal on Statement of Inability to Afford Payment of Court Costs
7
State of Texas. Texas Code Property Code – Retaliation by Landlord
8
United States Department of Justice. Property Management Company to Pay $60,000 to Servicemember for False Affidavit
9
State of Texas. Texas Code PROP 92.0081