Texas eviction timeline under the 2026 rules
The fastest lawful Texas eviction takes about three weeks: a 3 day notice, then trial set 10 to 21 days after filing, then a writ six days after judgment.
Compute your dates with the free calculator
Step by step
| Step | Timing | Rule |
|---|---|---|
| Notice delivered | Day 0 | Prop. Code 24.005, 24.0042 |
| Notice period ends | Day 3 (or lease period), rolled past weekends and holidays | 24.0042 |
| File sworn petition | Day 4 or later | 24.00505, Rule 510.3 |
| Constable serves citation | 5 business days to attempt | Rule 510.8 |
| Trial | 10 to 21 days after filing, at least 4 days after service | Rule 510.15 |
| Judgment | Trial day, or default if no appearance | Rule 510.16 |
| Appeal window | 5 days, rent into registry | 24.0053, Rule 510.19 |
| Writ of possession | Day 6 after judgment; served within 5 business days; 24 hour notice before execution | 24.0061, Rule 510.18 |
What slowed down and what sped up
Faster: service to trial dropped from 6 days to 4; constables have a hard 5 business day window; courts cannot add petition requirements beyond Rule 510; summary disposition for squatter cases can produce judgment within about 5 days.
Slower: a last day on a weekend or holiday now rolls forward; a CARES Act covered dwelling still needs 30 days notice, though since 24.005(c-1) that delays only the writ.
Appeals
The tenant may appeal within 5 days by bond, cash deposit, or statement of inability, and must swear to a meritorious defense. In every residential appeal the tenant must pay rent into the court registry, at least $250 or the fair market rent if there is no lease, or the court issues the writ without a hearing.
Questions landlords ask
How long does an eviction take in Texas?
About three to five weeks from notice to writ when the tenant does not appeal; longer in busy urban precincts and if the tenant appeals to county court.
Can a landlord evict immediately in Texas?
No. Even a squatter case under the 2026 summary disposition procedure takes a filed petition, a 4 day response window, and a judgment.
What happens if the tenant does not leave after judgment?
On day 6 you request a writ of possession. The constable posts a 24 hour notice and then removes the occupants and property.
Sources
- SB 38 enrolled text (Acts 2025, 89th Leg., ch. 960)
- Texas Supreme Court Misc. Docket 25-9105, Rule 510 as amended
- Dallas County Justice Courts, eviction rule change summary (January 2026)
- Texas State Law Library, The Eviction Process
Related
Texas Notice provides forms and information. These forms and this website are not a substitute for the advice of an attorney.