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 — Tex. Prop. Code § 24.005; (2) File a petition for eviction in the justice court — Tex. R. Civ. P. 510.3; (3) The constable serves the citation — Tex. R. Civ. P. 510.4; (4) Trial, 10 to 21 days after filing — Tex. R. Civ. P. 510.4; (5) Five days to appeal — Tex. R. Civ. P. 510.9; (6) Writ of possession, executed by the constable — Tex. Prop. Code § 24.0061. The three-day notice to vacate is the default and the lease may change it — many Texas leases shorten it to 24 hours, which is enforceable. Check the lease before assuming three days. The procedure as a whole is set by Tex. Prop. Code §§ 24.005, 24.0051, 24.0061, 92.0081; Tex. R. Civ. P. 500–510.

WhatTexas
CourtJustice of the Peace court for the precinct where the property is.
Steps with a citation6

Notes

The three-day notice to vacate is the default and the lease may change it — many Texas leases shorten it to 24 hours, which is enforceable. Check the lease before assuming three days.

Source

Tex. Prop. Code §§ 24.005, 24.0051, 24.0061, 92.0081; Tex. R. Civ. P. 500–510 — last checked 2026-09-16.

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.

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