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.

By Seayora Editorial Team · Published October 23, 2026 · Facts checked October 23, 2026 · 5 min read

Short answer: Senate Bill 38 (Acts 2025, chapter 960) rewrote Texas eviction procedure for every suit filed on or after January 1, 2026. The three-day notice period stays, but a tenant evicted only for nonpayment who was not late before must get a notice to pay rent or vacate, and the notice must go by one of four statutory methods. Suits start with a sworn petition in the precinct where the property is, constables must try to serve within five business days, trial is set 10 to 21 days after filing, and an appealing tenant must pay rent into the court registry in every residential case.

Key takeaways

First-time late payer evicted for nonpayment: the notice must be a notice to pay rent or vacate.
Notice delivery: mail, inside the unit in a conspicuous place, by hand to a tenant 16 or older, or email if agreed in writing.
Trial: 10 to 21 days after filing and at least four days after service.
Appeal: five days, with rent paid into the court registry, and no writ before the sixth day after judgment.

When does SB 38 apply?

To eviction suits filed on or after January 1, 2026. A suit filed before that date is governed by the earlier law (SB 38, enrolled). The Supreme Court of Texas amended Rule 510 of the Texas Rules of Civil Procedure to match, effective the same day for suits filed on or after it (Misc. Docket No. 25-9105). Days are now counted under a statutory rule: the first day is excluded, weekends and holidays count, and a period ending on a weekend or holiday runs to the next business day.

What notice comes before an eviction suit?

At least three days’ written notice to vacate, unless the written lease sets a shorter or longer period (Tex. Prop. Code § 24.005). What changed is the form of the notice and how it is delivered.

If the only ground is nonpayment and the tenant was not late or delinquent before the month in which the notice is given, the notice must be a notice to pay rent or vacate.
If the tenant was already late before that month, the landlord may use either a notice to pay rent or vacate or a plain notice to vacate.
Delivery must use at least one of four methods: mail (first class, registered, certified or a delivery service); delivery to the inside of the premises in a conspicuous place; hand delivery to any tenant 16 or older; or email or other electronic means if the parties agreed in writing. None of these is required if the tenant actually receives the notice.
Where a federal rule requires a longer notice, the landlord need not delay filing, but the writ of possession cannot be served until the federal period has run.

How does the suit proceed?

Petition: a sworn petition, filed in the justice court for the precinct where the property is. Courts may not add petition requirements of their own, require mediation or a pretrial conference, or dismiss a petition that meets the rules or can be amended to.
Service: the sheriff or constable must make a diligent effort to serve the citation within five business days after filing; after that the landlord may use another law enforcement officer trained in eviction procedure.
Trial: not earlier than the 10th or later than the 21st day after filing, not earlier than the fourth day after the tenant is served, and not postponed more than seven days unless both parties agree in writing. The parties may appear electronically if both agree.
Scope: the court decides only the right to possession, and counterclaims and claims against third parties are not allowed in the eviction suit. Parties may represent themselves or use a nonlawyer agent.

In a case alleging forcible entry and detainer, the landlord may file a sworn motion for summary disposition with the petition. The court may enter judgment without a trial, no later than the 10th day after filing, unless the occupant files a response within four days after service and the court finds a genuinely disputed fact that would prevent judgment; a response filed later may still be considered before judgment is entered. The citation must warn the occupant of this in English and Spanish (Tex. Prop. Code ch. 24).

What happens on appeal?

Either party may appeal to the county court within five days after the judgment is signed, by bond, cash deposit or a statement of inability to afford court costs. A tenant who appeals must swear to a good-faith belief in a meritorious defense. In every residential eviction, not only nonpayment cases, the judgment states the rent to be paid during the appeal; where there is no rental agreement it is the greater of $250 or the fair market rent the court sets. The tenant pays one rental period into the court registry within five days after filing the appeal and each period after that, and if a payment is missed the court issues a writ of possession on request without a hearing. The county court must hold its trial within 21 days after receiving the case.

When can the tenant be removed?

A writ of possession may not issue before the sixth day after the judgment unless a possession bond was filed and approved. Issuing it is a ministerial act, and the sheriff or constable must serve it within five business days, after which the landlord may use another trained officer. The officer posts a warning at least 24 hours before executing the writ. A landlord who locks out a tenant or removes belongings without a writ remains liable under the Property Code, so the court process is still the only lawful way to remove a tenant.

Frequently asked questions

Is the Texas notice to vacate still three days?

Yes, unless the written lease sets a shorter or longer period. SB 38 changed the notice’s form and delivery, not its default length.

When must a Texas landlord use a notice to pay rent or vacate?

For suits filed on or after January 1, 2026, when the tenant is being evicted only for nonpayment and was not late or delinquent before the month in which the notice is given.

Can a Texas eviction notice be sent by email?

Yes, if the landlord and tenant agreed in writing to electronic delivery. Otherwise it goes by mail, inside the unit in a conspicuous place, or by hand to a tenant 16 or older.

How soon after filing is the Texas eviction trial?

Between the 10th and 21st day after the petition is filed, and not earlier than the fourth day after the tenant is served.

State-by-state rules

What are the steps to evict a tenant for unpaid rent? — compared across 21 states and the District of Columbia
How long does a tenant have to respond to an eviction case? — compared across 21 states and the District of Columbia
How many days does a tenant get to pay late rent? — compared across 48 states and the District of Columbia

Sources

SB 38, 89th Legislature, Regular Session (enrolled), Texas Legislature
SB 38 enrolled bill analysis, Senate Research Center
Texas Property Code, Chapter 24, Forcible Entry and Detainer, Texas Legislature
Amended Order Giving Preliminary Approval of Amendments to Rule 143a and Part V of the Texas Rules of Civil Procedure (Misc. Docket No. 25-9105), Supreme Court of Texas

How Seayora helps

Eviction navigator: Lays out each Texas step from the notice to the writ, with the Property Code section beside it and the deadlines counted from your dates.

This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.

How we write and check these guides: editorial standards.

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