Keeping a home often comes down to knowing the steps and the deadlines. This guide summarizes how a Texas eviction works, based on TexasLawHelp and the current Property Code. It is general information, not legal advice.
By the Exsura Team · October 17, 2026
Texas changed parts of its eviction law with Senate Bill 38, and some sections of Property Code chapter 24 changed effective January 1, 2026. Leases and the facts of your case can also change timing. For help with your own case, contact a legal aid organization, a lawyer or the justice court clerk right away. TexasLawHelp.org has free guides and forms.
TexasLawHelp says “a landlord cannot evict you without filing a case in Justice Court.”
TexasLawHelp says that if you do not move by the notice deadline, the landlord can sue to evict you.
The Texas Property Code says a tenant under a written lease or an oral rental agreement is entitled to at least three days’ written notice to vacate before the landlord files an eviction suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. If the eviction is based only on unpaid rent and you had not been late before the month the notice is given, the statute says the notice must be a notice to pay rent or vacate. If you had been late before, the landlord may use either that form or a notice to vacate. Read section 24.005 or TexasLawHelp for how that applies to you.
The statute also lists how the notice must be delivered. It must be delivered by at least one of these methods:
The statute says these delivery rules do not apply if the tenant actually receives the notice.
If a building is bought at a tax or trustee’s foreclosure sale under a lien superior to the lease, and the tenant pays rent on time and is not otherwise in default, the Property Code says a purchaser who chooses not to continue the lease must give a residential tenant at least 30 days’ written notice to vacate. The statute defines what counts as paying rent on time during the foreclosure month. If a federal law requires a longer notice, the statute says that is not a basis to delay the eviction suit, but a writ of possession may not be served until the period between delivery of the notice and service of the writ equals or exceeds the federal period.
If the landlord files a suit, TexasLawHelp says you should receive “a separate notice from the court, called a citation, which tells you your landlord is suing you.” The notice to vacate and the citation are different documents. TexasLawHelp’s page does not give a single answer deadline for every eviction, so read your citation carefully and contact the court or legal aid right away.
Some cases move faster. TexasLawHelp says a Motion for Summary Disposition, used in cases involving squatters, requires you to act “within four days.” The Property Code says the court may enter judgment for the landlord without a trial unless the tenant files a response “not later than the fourth day after the date the tenant is served” with the landlord’s sworn petition. Do not count on a later response being considered. TexasLawHelp warns that even if a landlord files this motion against you incorrectly, you still only have four days to respond.
TexasLawHelp says “Most eviction hearings take place within 10 to 21 days after the Petition is filed.” The Property Code says a justice court shall hold the trial on a date that is not earlier than the 10th day or later than the 21st day after the petition is filed, and may not hold the trial earlier than the fourth day after the tenant is served. It also says the court may not postpone the trial for more than seven days unless the parties agree to the postponement in writing.
TexasLawHelp is direct about attending: “If you do not go to the hearing, the judge will likely decide against you and you will have to move.”
Property Code section 24.0042 says a period of time under chapter 24 does not include the day of the event that begins the period, includes Saturdays, Sundays and state or federal holidays, and includes the last day of the period. If the last day is a Saturday, Sunday or state or federal holiday, the period is extended to the next day that is not one of those. Some deadlines, such as the writ service deadline above, are counted in business days.
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The Property Code says at least three days of written notice to vacate before filing, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. If the eviction is based only on unpaid rent and you had not been late before the month the notice is given, the notice must be a notice to pay rent or vacate. Check your lease and the statute.
TexasLawHelp says a landlord cannot evict you without filing a case in Justice Court.
TexasLawHelp says the judge will likely decide against you and you will have to move.
The Property Code says an appeal must be filed not later than the fifth day after the date the judgment is signed, by filing a bond, a cash deposit or a statement of inability to afford court costs. TexasLawHelp says you have five days to appeal to County Court.
Sources last checked October 17, 2026. This article is general education, not financial, legal or medical advice. Rules, fees and programs change, so confirm details with the organization before you act.
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