Uncontested: 21–30 days · Contested: 45–90 days · Under Tex. Prop. Code § 91 & § 92 (Residential Tenancies)
The Texas eviction process requires a court-ordered judgment before a landlord can remove a tenant. Timeline figures below begin after the pre-filing notice period expires and the landlord files the complaint with the court. Add 3–60+ days for the applicable pre-filing notice period (pay-or-quit, cure-or-quit, or no-fault) depending on the eviction reason.
| Uncontested eviction (after filing) | 21–30 days | Tex. Prop. Code § 91 & § 92 (Residential Tenancies) |
| Contested eviction (after filing) | 45–90 days | Tex. Prop. Code § 91 & § 92 (Residential Tenancies) |
| Pre-filing notice: Non-payment of rent, first-time delinquent tenant | 3 days | Tex. Prop. Code § 24.005(a-1) |
| Pre-filing notice: Non-payment of rent, habitually delinquent tenant | 3 days | Tex. Prop. Code § 24.005(a) |
| Pre-filing notice: Lease violation (non-rent) | 3 days | Tex. Prop. Code § 24.005(a) |
| Pre-filing notice: End of lease term or holdover | 3 days | Tex. Prop. Code § 24.005(b) |
| Pre-filing notice: Squatter or unauthorized occupant | 0 days | Tex. Prop. Code § 24.011, as added by SB-38 |
| Court filing fee | $54–$125 | Tex. Prop. Code § 91 & § 92 (Residential Tenancies) |
Written notice, served by hand-delivery, certified mail, or affixed to the inside of the main entry door (or outside if there is no safe access inside). 3 days is the statutory default under Tex. Prop. Code § 24.005, and the lease may specify shorter or longer. The single most common Texas eviction failure: serving the wrong notice type for the tenant's payment history.
Sworn petition filed in the justice precinct where the property sits. SB-38 made the precinct requirement explicit (Tex. Prop. Code § 24.0061(a)). Filing fee runs about $46 to $54 depending on county. After SB-38, you can join a claim for up to $20,000 in unpaid rent on the same docket.
JP court hearing 10 to 21 days after filing. The JP adjudicates possession only: no title disputes, no counterclaims, no third-party joinder. Most uncontested cases end in default judgment for the landlord at this hearing. Contested cases get a same-day bench trial.
Tenant has 5 days (including weekends and holidays) to appeal to county court for a trial de novo. SB-38 requires the appealing party to affirm a meritorious defense in writing and that the appeal is not solely for delay. The tenant must also pay rent into the court registry during the appeal. Miss a payment and the writ issues.
Landlord requests the writ 6 days after judgment if no appeal is filed. Constable posts a 24-hour notice on the front door, then executes the lockout. After SB-38, the constable has 3 business days to execute, and if they do not, the landlord can engage other qualified law enforcement.
Informational only, not legal advice. Consult a licensed Texas attorney. Source attribution in the Sources band below.
