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Texas changed its eviction laws in 2026. Here's the current step-by-step process — notice requirements, court filing, SB 38 updates, and what landlords most often get wrong.
Nobody goes into a rental relationship expecting to evict their tenant. But when non-payment, lease violations, or property damage force the issue, Texas landlords need to follow the Texas eviction process exactly — because a single procedural mistake can send you back to the beginning at significant cost. In 2026, the process has changed in meaningful ways, and landlords who don't know the updates are especially vulnerable to costly delays.
Texas Senate Bill 38 (SB 38), signed in June 2025 and effective January 1, 2026, is the most significant update to Texas eviction law in years. While SB 38 primarily targets squatter removal, it also streamlines the broader eviction process in ways that benefit landlords with legitimate cases.
Key point: SB 38 does not change the eviction process for landlords with lease violations or non-payment cases — those still follow the standard steps below. But faster timelines and tighter appeal rules mean that properly filed evictions now move more predictably through the courts.
Texas law requires "just cause" to evict a tenant. The most common grounds are:
One category landlords sometimes overlook: eviction for retaliation or discrimination is illegal in Texas. You cannot evict a tenant because they requested repairs, reported housing code violations, or exercised any legal right under their lease. Document your reasons carefully.
Before filing anything in court, you must give the tenant proper written notice. Texas law requires a minimum of three days' notice to vacate unless your lease specifies a different period. Delivery methods that satisfy the requirement include: in person to the tenant or a household member age 16+, affixed to the inside of the main entry door, first-class or certified mail, or electronic delivery if expressly permitted in the written lease.
Keep proof of delivery. A photo of the door posting, a certified mail receipt, or a date-stamped email thread can be the difference between a winning eviction case and a dismissed one.
If the tenant has not vacated by the deadline in your notice, you file a "Petition to Recover Possession of Property" (eviction suit) in the Justice Court for the precinct where the rental property is located. Filing fees typically run $100–$200. In your petition, you'll identify the property, state the grounds for eviction, and can request back rent, court costs, and attorney fees if applicable.
Do not skip the notice step and file directly in court. Courts will dismiss cases where proper notice wasn't given — and you'll have to restart the entire process.
The court will schedule a hearing within roughly 10–21 days under the new SB 38 timelines. To win, you must prove: (a) the grounds for eviction exist, and (b) you gave the tenant proper notice in the legally required manner. Bring your lease, the signed notice to vacate, proof of delivery, documentation of the violation (unpaid rent ledger, maintenance records, photos of damage, communications), and any relevant correspondence.
If the tenant doesn't appear, you'll typically receive a default judgment. If they do appear and contest the case, the judge rules on the merits that day.
If the court rules in your favor, the tenant has five days to appeal or vacate voluntarily. If they remain and don't file a valid appeal, you can request a Writ of Possession from the court. This directs the constable's office to physically remove the tenant and their belongings from the property. The constable must provide at least 24 hours' notice before arriving — and they supervise the removal, not you.
Never attempt to physically remove a tenant, change locks, shut off utilities, or remove belongings yourself. Self-help eviction is illegal in Texas and exposes you to significant civil liability, regardless of how justified you feel your case is.
| Common Mistake | What It Costs You |
|---|---|
| Serving notice verbally instead of in writing | Case dismissal, restart required |
| Filing in the wrong precinct | Case dismissed or transferred, weeks lost |
| Accepting partial rent after serving notice | May waive your right to proceed with eviction |
| Changing locks or removing property before Writ of Possession | Civil liability, possible criminal exposure |
| Missing the cure period in the lease | Tenant can claim wrongful eviction |
The best eviction strategy is avoiding one. Proper Home Management's tenant placement process — which includes credit, criminal, income, and rental history screening — is specifically designed to identify applicants who have demonstrated consistent rent payment and lease compliance. The overwhelming majority of evictions stem from inadequate screening at the front end, not from unpredictable tenant behavior mid-lease.
When an eviction does become necessary, our licensed team manages the notice process, maintains the documentation trail required for court, and coordinates with legal counsel to ensure the case moves efficiently under Texas law. Our owner-clients don't coordinate constables or show up to Justice Court — we handle it, and we document everything in your monthly owner statement.
PHM perspective: Across our managed portfolio in Dallas-Fort Worth, Houston, Austin, and San Antonio, our eviction rate is well below the market average — a direct result of rigorous tenant screening, proactive rent collection, and early intervention when payment issues arise.
If you're managing a rental property in Texas and want to understand how professional management changes the risk profile of your investment, reach out to the Proper Home Management team for a no-commitment conversation.
From serving the notice to vacate through a court-ordered Writ of Possession, a straightforward Texas eviction typically takes 4–8 weeks if both notice and filing are done correctly. Under SB 38 timelines effective in 2026, court hearings must be scheduled within 10–21 days of filing. Cases with tenant appeals or procedural errors can take significantly longer.
No. Texas law requires a court order before a tenant can be physically removed from a rental property. Self-help eviction — changing locks, removing belongings, shutting off utilities — is illegal in Texas and can result in substantial civil liability for the landlord.
Texas law requires a minimum three-day written notice to vacate before filing an eviction suit, unless the lease specifies a different period. The notice must be delivered in a legally permitted manner — in person, by mail, affixed to the interior of the main entry door, or electronically if the lease allows it.
Yes. Non-payment of rent is the most common grounds for eviction in Texas. The process follows the standard steps: written notice to vacate (three-day minimum), filing in Justice Court if the tenant remains, and obtaining a court judgment followed by a Writ of Possession if needed. Accepting partial rent after serving a notice may waive your right to proceed — consult a licensed Texas real estate attorney before accepting any payment once the eviction process has started.
A straightforward eviction in Texas typically costs $1,500–$4,000 when factoring in court filing fees ($100–$200), constable fees, and lost rent during the process. Contested cases with legal representation can cost $4,000–$8,000 or more. This is before accounting for property turnover costs if the unit was damaged. Proper tenant screening is the most cost-effective eviction prevention strategy available.
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