How long does a tenant have to respond to an eviction case in Texas?

In Texas, the time a tenant has to respond to an eviction case is governed by Tex. Prop. Code §§ 24.005, 24.00505, 24.0051, 24.005107, 24.0053, 24.0061, 92.0081; Tex. R. Civ. P. 510. A tenant need not file a written answer in Texas. The trial is set for 10 to 21 days after the petition is filed, and the tenant appears on that date.

WhatTexas
CourtJustice of the Peace court for the precinct where the property is.

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.

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