Eviction Timeline Texas

Texas eviction timeline at a glance

A typical Texas eviction (forcible detainer) for nonpayment of rent runs 30 to 60 days from notice to writ of possession, making Texas one of the faster jurisdictions in the country. The notice period for nonpayment is 3 days under Texas Property Code § 24.005, which can be modified by the lease (5 or 7 days are common lease extensions). Court process commonly adds 21 to 45 days depending on the county.

The three phases of a Texas eviction

Notice phase: serve a 3-day notice to vacate (or the lease-specified period) under § 24.005. Filing phase: file a forcible detainer suit in the justice of the peace court for the precinct where the property is located. Court phase: hearing is scheduled within 10 to 21 days of filing, judgment issued, and the writ of possession served by the constable typically within 5 to 10 days of judgment.

Texas-specific eviction rules worth knowing

Texas eviction notice must be in writing and can be delivered by personal service, certified mail, or in some cases posting on the inside of the front door. The 3-day notice period excludes Sundays and legal holidays. If the tenant pays the past-due rent during the 3-day window, the landlord typically must accept payment and cancel the eviction (unless the lease explicitly authorizes refusing payment after notice). Landlords managing Texas late fees should confirm their lease language aligns with Tex. Prop. Code § 92.019 before filing.

Worked example: nonpayment eviction in Houston

Scenario

A landlord in Houston discovers that rent is unpaid on March 1. The lease does not extend the statutory notice period beyond the default 3 days.

Timeline

Day 0 (March 1): Landlord serves a written 3-day notice to vacate via personal delivery.
Day 3 (March 4): Notice period expires (excluding any intervening Sundays or legal holidays). Tenant has not paid or vacated.
Day 4 (March 5): Landlord files a forcible detainer suit in the Harris County justice of the peace court. Filing fee runs $46 to $121.
Day 14 to 25 (March 15 to March 26): Court hearing scheduled within 10 to 21 days of filing. Constable serves citation on the tenant.
Day 25 (March 26): Judge enters default judgment in landlord's favor (tenant did not appear or raise defenses).
Day 30 to 35 (March 31 to April 5): Writ of possession issued and executed by constable, typically 5 to 10 days after judgment.

Total: approximately 30 to 35 days

This is the faster end of the Texas range. Larger counties (Harris, Dallas, Bexar, Travis) often run closer to 45 to 60 days when tenants appear, raise defenses, or request continuances. Rural counties can be faster. If the tenant appeals to county court, add 30 to 60+ days.

What experienced landlords do differently

Serve notice the day rent is late, not the day you lose patience. Texas gives landlords a short 3-day notice window. Starting the clock on day 1 of delinquency preserves your timeline options without committing you to filing.

Use the lease to define payment-refusal rights. Texas courts enforce lease clauses that authorize refusing payment after the notice period expires. Without that clause, accepting partial payment can reset the process.

Budget for constable service fees separately. Filing fees ($46 to $121) are only part of the cost. Constable service of citation typically adds $75 to $150, and writ of possession execution adds another fee. Total out-of-pocket before any attorney involvement often runs $200 to $400.

Track the appeal window tightly. A tenant has only 5 days from judgment to file an appeal to county court. If no appeal is filed, request the writ of possession immediately. Delays after judgment are the most common source of unnecessary timeline extension in Texas.

Document notice delivery method. Texas allows personal service, certified mail, or posting on the inside of the front door. Certified mail with return receipt creates the strongest paper trail for court, but posting is faster when the tenant is avoiding contact. Use the method that balances speed with proof for your specific situation.

Related Texas compliance tools

Run the numbers on other Texas landlord-tenant obligations before they become disputes.

• Texas Late Fee Calculator — Confirm your late fee structure complies with Tex. Prop. Code § 92.019.
• Texas Rent Increase Calculator — Texas has no statewide rent cap, but notice timing still matters for month-to-month tenancies.
• Texas Security Deposit Return Calculator — 30-day return deadline under Tex. Prop. Code § 92.103.
• Texas Security Deposit Interest Calculator — Texas does not require interest on security deposits, but confirm local ordinance requirements.

Frequently asked questions about Texas eviction timelines

Can I speed up the eviction process in Texas?

Not beyond the statutory minimums. The 3-day notice period is set by Texas Property Code § 24.005 (unless the lease extends it), and the court scheduling window of 10 to 21 days depends on the justice of the peace court calendar. What you can control: serve notice the day rent is late, file the forcible detainer suit the day after the notice period expires, and request the writ of possession immediately after judgment if no appeal is filed within 5 days.

How many days notice is required to evict for nonpayment in Texas?

Three days under Texas Property Code § 24.005, which can be modified by the lease. Some leases extend to 5 or 7 days. The 3-day period excludes Sundays and legal holidays.

Can a Texas tenant pay rent and stop the eviction?

Usually yes. If the tenant pays the past-due rent during the 3-day notice window, the landlord typically must accept payment and cancel the eviction. Some leases explicitly authorize refusing payment after notice (these clauses are enforceable in Texas).

What court hears Texas eviction cases?

Justice of the peace courts (JP courts) in the precinct where the rental property is located. Filing fee runs $46 to $121 depending on county. Service of process fees are typically $75 to $150. Court hearings are scheduled within 10 to 21 days of filing.

Can a Texas tenant appeal an eviction?

Yes. A tenant has 5 days from the date of JP court judgment to file an appeal to county court. Posting an appeal bond (or filing a sworn statement of inability to pay) extends the tenancy. Appeals add 30 to 60+ days to the timeline depending on county court calendar.