Texas Eviction Process 2026: Steps, Timeline and New Rules
Evicting a tenant in Texas is a court process, not something a landlord can do by changing the locks. The rules changed on January 1, 2026, when Senate Bill 38 and new Texas Rules of Civil Procedure took effect. Many cases now move faster, but the steps still have to be followed in order, and a mistake in the notice can send a landlord back to the beginning. This guide walks through the Texas eviction process as it works in 2026: the notice to vacate, filing in justice court, the hearing, appeals, and the writ of possession. It also covers what landlords cannot do along the way and what options exist for owners who are simply done being landlords. Step 1: The Notice to Vacate Before filing an eviction case, the landlord must give the tenant a written notice to vacate. Under Texas Property Code Section 24.005, the default is three days unless the lease sets a different period. Properties covered by the federal CARES Act, such as many homes with federally backed mortgages or in ...