What are the steps to evict a tenant for unpaid rent in Texas?
In Texas, an eviction for unpaid rent runs through 6 steps, each set by the statute or court rule beside it: (1) Give written notice to vacate, or to pay rent or vacate — Tex. Prop. Code § 24.005; (2) File a sworn petition in the justice court for the precinct where the property is — Tex. Prop. Code §§ 24.0041, 24.00505, 24.00506; (3) The constable or sheriff serves the citation — Tex. Prop. Code § 24.0051(f); (4) Trial, 10 to 21 days after filing — Tex. Prop. Code § 24.0051(g); (5) Five days to appeal — Tex. Prop. Code §§ 24.005107, 24.0053, 24.0061(b); (6) Writ of possession, executed by the constable — Tex. Prop. Code § 24.0061. SB 38 rewrote Texas eviction procedure for suits filed on or after January 1, 2026: a sworn petition, notice-delivery methods set by statute, a pay-or-vacate notice for a tenant who was never late before, five business days for the constable to serve, and a trial 10 to 21 days after filing. The three-day notice period itself is unchanged and the lease may still shorten it — many Texas leases set 24 hours. The procedure as a whole is set by Tex. Prop. Code §§ 24.005, 24.00505, 24.0051, 24.005107, 24.0053, 24.0061, 92.0081; Tex. R. Civ. P. 510.
| What | Texas |
|---|---|
| Court | Justice of the Peace court for the precinct where the property is. |
| Steps with a citation | 6 |
Notes
SB 38 rewrote Texas eviction procedure for suits filed on or after January 1, 2026: a sworn petition, notice-delivery methods set by statute, a pay-or-vacate notice for a tenant who was never late before, five business days for the constable to serve, and a trial 10 to 21 days after filing. The three-day notice period itself is unchanged and the lease may still shorten it — many Texas leases set 24 hours.
Source
Tex. Prop. Code §§ 24.005, 24.00505, 24.0051, 24.005107, 24.0053, 24.0061, 92.0081; Tex. R. Civ. P. 510
Read the statute in the Texas Statutes (Texas Legislature): statutes.capitol.texas.gov.
Checked against the statute on October 23, 2026.
This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.
How Seayora uses this rule
Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.
Guides on this rule
- Texas Eviction Law After SB 38: The 2026 Procedure — How Texas evictions work for suits filed since January 1, 2026: pay-or-vacate notices, delivery rules, the 10-to-21-day trial, appeals and the writ.
- Can a Landlord Send an Eviction Notice by Email or Text? — The federal E-SIGN Act excludes eviction notices, so state law decides how a notice to pay or quit must be served. California, New York and Florida rules.
- Landlord Retaliation Laws: Protected Tenant Acts and Time Limits — When an eviction, rent increase or cut in services is presumed retaliatory: 180 days in California, six months in Texas, a year in New York.
- The CARES Act 30-Day Notice to Vacate: Is It Still Required? — The CARES Act 30-day notice to vacate still applies to properties with federally backed mortgages or federal assistance. Which properties are covered, and why.
Compare this rule in every state
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The same question in other states
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