The Texas Eviction Process: A Step-by-Step Guide for DFW Landlords (2026)
Updated: Oct 6
The Texas eviction process has four steps: written notice, an eviction suit in the property's justice court, a trial 10 to 21 days after filing, and a writ of possession no sooner than the sixth day after judgment. Senate Bill 38 changed several rules for cases filed on or after January 1, 2026.
What changed in the Texas eviction process in 2026?
Senate Bill 38 passed in 2025 and applies to eviction suits filed on or after January 1, 2026 (read the enrolled bill). Earlier versions of this guide said SB 38 only affected squatters. That was wrong. It changes the process for regular tenants too.
Here are the changes that matter most to owners in DFW:
What | Before 2026 | Cases filed on or after Jan. 1, 2026 |
First notice for unpaid rent | Notice to vacate | A "notice to pay rent or vacate" if the tenant was not late before that month |
Electronic notice | Depended on the lease | Allowed only if you and the tenant agreed in writing |
Serving the court papers | Served at least 6 days before trial | Officer must try to serve by the 5th business day after filing |
Trial date | 10 to 21 days after filing | Still 10 to 21 days after filing |
Rent paid into court during an appeal | Mainly nonpayment cases | All residential eviction appeals: one rental period within 5 days of the appeal |
Squatter cases | Regular trial | New "summary disposition" option (occupant has 4 days to respond) |
Step 1: How do I give a notice to vacate in Texas?
Most evictions come from unpaid rent, a serious lease violation (like unauthorized occupants or damage), or a tenant who stays after the lease ends. Every one of them starts with written notice. The standard is at least three days, unless your lease gives a different period (Texas Property Code §24.005).
Notice to pay rent or vacate
If the only problem is unpaid rent, and the tenant was never late before that month, SB 38 says your notice must be a notice to pay rent or vacate. That gives the tenant a clear chance to pay. If the tenant has been late before, you can use either that form or a plain notice to vacate.
How you must deliver the notice
Under the new law, use at least one of these methods:
Mail (first class, registered, certified, or a delivery service)
Delivery to the inside of the home, in a place the tenant will see it
Hand delivery to any tenant age 16 or older
Email or text, but only if you both agreed to it in writing
A notice delivered the wrong way is one of the most common reasons judges toss cases.
Step 2: Where do I file an eviction suit in DFW?
If the tenant doesn't pay or move out after the notice period, you file an eviction suit in the justice of the peace (JP) court for the precinct where the home sits.
Filing in the wrong precinct now leads to dismissal.
That means a rental in Frisco may land in a Collin County or Denton County JP court, depending on the address. A home in Mesquite or Garland goes to a Dallas County precinct. Look up the precinct by property address before you file.
Bring these with you:
The signed lease
A copy of the notice and proof of how you delivered it
A rent ledger or proof of the lease violation
Step 3: What happens at the eviction hearing?
The court must hold trial no earlier than the 10th day and no later than the 21st day after you file. The officer has to try to serve the tenant by the fifth business day after filing. If that doesn't happen, you can ask for help from another trained officer.
At trial, bring printed copies of everything. Keep it simple and factual: the lease, the notice, the dates, and the amount owed. If the tenant asks for a jury, the case may take longer. If the tenant hires a lawyer or disputes the lease terms, we recommend you do the same.
Step 4: How long does a tenant have to appeal, and when do I get possession?
If you win, the tenant has five days to appeal to county court (Texas Rule of Civil Procedure 510.9)
The new appeal rent deposit
SB 38 adds a big change here. In every residential eviction appeal, the tenant must pay one rental period's rent into the justice court registry within five days of filing the appeal. The tenant must keep paying as rent comes due. The tenant must also swear the appeal is made in good faith, not to delay.
The writ of possession
If the tenant doesn't appeal, you can ask for a writ of possession. It can't be issued before the sixth day after the judgment. .
How long does the whole process take?
In our experience, a simple uncontested case in DFW often takes about three to six weeks from notice to move-out. Contested cases and appeals take longer.
What about squatters?
SB 38 also created a faster "summary disposition" path for people with no lease and no right to be there. The occupant has four days after service to respond. If there's no real factual dispute, the judge can rule without a full trial. This is not available against a tenant with a lease.
What can't a Texas landlord do during an eviction?
Texas Property Code §92.008 bans "self-help" evictions. Even if the tenant hasn't paid in months, do not:
Change the locks to force them out (outside the narrow lockout rules in the statute)
Remove doors, windows or appliances
Shut off electricity, water or gas you provide
Remove the tenant's belongings without a court order
Breaking these rules can cost you far more than the unpaid rent. Let the court do the work.
How can I avoid evictions in the first place?
The cheapest eviction is the one you never file. A few habits help:
Screen every applicant the same way, with written criteria
Use a Texas lease that spells out notice periods and electronic notice
Act on late rent the first week, not the third
Keep a clean rent ledger and copies of every notice
Our data-driven tenant screening guide walks through what actually predicts trouble. And if you're weighing outside help, see what property management costs in DFW.
Frequently asked questions
How long does an eviction take in Texas?
A simple, uncontested case usually takes about three to six weeks from notice to move-out. Appeals, jury requests, or service problems can add weeks.
How much notice does a Texas landlord have to give?
At least three days' written notice, unless the lease says otherwise. Some federally backed properties must give 30 days. For unpaid rent, a tenant who was never late before gets a notice to pay rent or vacate.
Can I serve an eviction notice by email in Texas?
Only if you and the tenant agreed in writing to electronic notice. Otherwise, use mail, delivery inside the home, or hand delivery to a tenant 16 or older.
What did SB 38 change about eviction appeals?
For cases filed on or after January 1, 2026, a tenant who appeals any residential eviction must pay one rental period's rent into the court registry within five days and keep paying as rent comes due.
Can I change the locks if my tenant stops paying?
No. Texas Property Code §92.008 bars forcing a tenant out by changing locks, removing doors, or cutting utilities. Use the court process.
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This article is educational information, not legal advice. For a contested eviction, talk with a licensed Texas attorney.
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