What is the minimum notice period for a Texas eviction in 2026?

Three days' written notice under §24.005(a), unless the lease specifies a shorter or longer period. SB 38 did not change the 3-day default. What did change is the delivery method — notice may now be delivered electronically (with the tenant's prior written agreement) or by delivery service, in addition to traditional in-person, mail, or door-posting methods.

Can the justice court decide a tenant's security deposit claim during the eviction?

Not since SB 38. The justice court hears possession only. A tenant's claim for return of a security deposit, or any other affirmative claim, must be filed as a separate action in small claims court. Counterclaims and third-party joinder are not allowed in the eviction suit.

What happens if a tenant appeals but stops paying rent?

The landlord can obtain a writ of possession even before the county court hears the appeal. SB 38 requires the appealing tenant to continue paying rent into the court registry as it accrues; failure to make a required payment is grounds for an immediate writ. This is one of the most significant practical changes in the 2026 framework.

Can a landlord change the locks to evict a non-paying tenant?

Not as an eviction tactic. Property Code §92.0081 prohibits residential landlords from engaging in lockouts or utility interruptions as a means of eviction. The narrow exception is the statutory lockout right tied to specific procedural requirements, which generally requires written notice and is not a substitute for the §24 judicial process for non-paying tenants who refuse to leave.

Texas Eviction Procedure — Notice to Vacate, Justice Court, and the Writ of Possession (Post-SB 38)

TL;DR

Texas evictions follow a specific statutory path through justice court under Texas Property Code Chapter 24, as amended by Senate Bill 38 effective January 1, 2026, and the rewritten Texas Rules of Civil Procedure Rule 510. The sequence: written notice to vacate (typically 3 days unless the lease specifies otherwise) under §24.005, then filing an eviction suit in the justice court for the precinct where the property is located, then issuance of citation with a required diligent effort to serve within five business days, then a hearing set 10–21 days after filing, then a judgment, then — if the tenant does not vacate or perfect an appeal — issuance of a writ of possession, with alternate qualified-officer service available if the writ is not served by the fifth business day after issuance. SB 38 narrowed justice court eviction practice to possession only (no counterclaims, no title disputes, no third-party joinder) and modernized notice delivery (delivery service and electronic delivery where the tenant has agreed in writing). Self-help eviction measures — unlawful lockouts, utility shutoffs used to force removal, or removal of belongings without a writ — remain prohibited under §92.0081.

Why Eviction Procedure Matters on the Exam

Property management is part of brokerage activity that requires a real estate license, and license holders managing rental property for an owner need to understand the eviction process — both to advise owners correctly and to avoid the wrongful-eviction liability that can attach to license holders involved in unlawful self-help eviction tactics. Under TREC Rule 535.2(d), the sponsoring broker is responsible for any property management activity by a sponsored sales agent that requires a real estate license, which means broker supervision applies directly to eviction-related advice and conduct.

The lifecycle of a managed rental often starts with a license holder showing property to a prospective tenant. SB 1968's updated IABS and §1101.562 non-representation framework can affect how that showing is disclosed and documented, but the specific §1101.563 written-agreement rule is a residential-buyer rule, not a general tenant-showing rule. From the initial showing through lease execution and (if necessary) eviction, the license holder operates inside this statutory framework.

Texas eviction law is grounded in Texas Property Code Chapter 24 (Forcible Entry and Detainer) and Texas Rules of Civil Procedure Rule 510 (Eviction Cases). Both were materially overhauled by SB 38, with most provisions taking effect January 1, 2026. The exam tests the current procedure, so candidates studying from materials published before late 2025 will see stale rules.

The 2026 SB 38 Overhaul

Senate Bill 38, passed by the 89th Texas Legislature and signed by the Governor on June 20, 2025, took effect January 1, 2026. In response, the Texas Supreme Court adopted a complete rewrite of Rule 510 of the Texas Rules of Civil Procedure, effective the same date. The bill applies only to eviction suits filed on or after January 1, 2026; suits filed before that date remain under the prior framework.

The headline changes most likely to appear on the exam:

Justice court jurisdiction narrowed to possession only. No counterclaims, no third-party joinder, no adjudication of title. Tenants with claims (e.g., for return of a security deposit) must file those separately in small claims court.
Notice delivery methods expanded. In addition to traditional in-person or mail delivery, notices may now be sent by delivery service (such as UPS or FedEx) and — where the tenant has agreed in writing — by email or other electronic means.
Service timeline tightened. The sheriff or constable must make a diligent effort to serve citation within five business days after the petition is filed. The trial must be set between days 10 and 21 from filing, and no earlier than day 4 after service.
Rent into the court registry during appeal. A tenant who appeals must continue paying rent as it accrues into the court registry; failure allows the landlord to obtain a writ of possession before the county court even hears the case.
Writ of possession executed by sheriff or constable; alternate qualified-officer service after five business days. The writ is executed by a sheriff or constable. If the writ is not served on or before the fifth business day after issuance, the landlord may have it served by another trained law-enforcement officer.
Summary disposition available for forcible entry / unauthorized occupant cases. The occupant has four days to respond; if no real factual dispute exists, the court may enter judgment without trial.
Local moratoriums prohibited. Cities and counties may no longer impose their own eviction moratoriums. The Texas Supreme Court retains narrow disaster authority that must apply uniformly.
Standardized fees. Filing fee is $54 statewide; a jury trial request is $22.

Step 1: The Notice to Vacate

Eviction begins with a written notice to vacate. Under §24.005(a), if the occupant is a tenant under a written lease or oral rental agreement, the landlord must give at least three days' written notice to vacate before filing an eviction suit — unless the parties have contracted for a shorter or longer notice period in a written lease. SB 38 did not change the 3-day default.

Key points about the post-SB 38 notice to vacate:

It must be in writing. Oral notice to vacate does not satisfy §24.005, even if the tenant clearly received the message.
The three-day default can be altered by the lease. The parties can contract for a shorter or longer notice period. Many commercial leases specify a different notice period; residential leases often follow the three-day default. Because a lease for a term longer than one year must be in writing under Texas Business and Commerce Code §26.01(b)(5), any custom notice period in a long-term lease is generally evidenced by the signed written lease itself.
Pay-rent-or-vacate option for nonpayment. Under §24.005, if before the notice to vacate is given the landlord has given the tenant a written notice or reminder of unpaid rent, the landlord may include in the notice a demand that the tenant pay the delinquent rent or vacate the premises by the date and time stated. Many landlords now treat this as the standard first-instance approach for residential rent default.
Expanded delivery methods. Notice may be given (1) in person to the tenant or any person residing at the premises who is 16 years of age or older, (2) by personal delivery to the premises and affixing the notice to the inside of the main entry door, (3) by mail at the premises, (4) by delivery service such as UPS or FedEx, or (5) electronically (by email or a tenant portal) if the tenant has agreed in writing to electronic notice. SB 38 added the last two methods.
Attorney fees require 10-day notice. Under §24.006, to recover attorney's fees in an eviction suit, the landlord must give a separate written demand stating that if the tenant does not vacate before the 11th day after receipt and the landlord files suit, the landlord may recover fees. This demand must be sent by registered or certified mail at least 10 days before filing.

Step 2: Filing the Eviction Suit

If the tenant does not vacate after the notice period expires, the landlord files an eviction suit in the justice court for the precinct in which the property is located. The §24.004 jurisdictional rule is specific: the suit must be filed in the precinct where the property sits, not where the landlord lives or where the landlord's office is. Under SB 38, the plaintiff may request a venue transfer to an adjacent precinct if service or trial delays are anticipated.

SB 38 narrowed the eviction suit's scope. The justice court hears possession only. The justice court may not:

Hear counterclaims from the tenant (such as a security deposit claim).
Allow third-party joinder.
Adjudicate title disputes — those belong in district court.

A claim for unpaid rent may still be joined with the eviction case if the amount is not more than $20,000 (excluding statutory interest and court costs but including attorney's fees). The justice court has jurisdiction over the rent claim only because it is incidental to the possession issue, not because the court has expanded jurisdiction.

The standardized filing fee is $54. The pleadings must comply with the rewritten Rule 510's requirements for content and form, including a sworn petition that includes the address of the premises, the grounds for eviction, and a description of how the notice to vacate was delivered.

Step 3: Service and Hearing

SB 38 imposed compressed timelines. The court must issue citation immediately upon filing. The sheriff or constable must make a diligent effort to serve the citation and petition within five business days after the petition is filed; if service is not completed within that window, the plaintiff may request an alias citation for service by another qualified law-enforcement officer. The trial is set between 10 and 21 days from the date of filing, but no earlier than the fourth day after service. Continuances longer than seven days require both sides' written agreement.

At the hearing, both sides present evidence. The landlord typically brings the lease, the notice to vacate (with proof of delivery), any rent ledger or receipt showing nonpayment or other default, and any witnesses. The tenant may present defenses — improper notice, payment, retaliatory eviction under Property Code §92.331, or other lease-based or statutory defenses. Under SB 38, the tenant cannot bring a counterclaim into the eviction case; any affirmative tenant claim must be filed as a separate action.

Either side may demand a jury trial by making a written request at least three days before the trial date and paying the $22 jury fee (or filing a Statement of Inability to Afford Payment of Court Costs).

If the judge rules in the landlord's favor, the court issues a judgment for possession. The judgment establishes the landlord's right to possess the property but does not by itself remove the tenant. If the judge rules in the tenant's favor, the suit is dismissed and the tenant retains possession.

Step 4: Appeal and Rent Into the Court Registry

Either party can appeal the justice court judgment to county court. The appeal is a trial de novo — the county court hears the case fresh, not as appellate review of the justice court's findings.

For the tenant, the appeal generally requires an appeal bond, cash deposit, or a Statement of Inability to Afford Payment of Court Costs filed within five days after the judgment is signed. The five-day deadline is short — landlords and license holders advising landlords should be aware of the calendar.

SB 38 added a critical new requirement for tenants who appeal: the tenant must continue paying rent as it accrues into the court registry during the pendency of the appeal. If the tenant fails to make the required registry payments, the landlord can obtain a writ of possession to have the tenant removed immediately, even before the county court hears the appeal. This is one of the most significant practical changes — the appeal no longer functions as a default delay tactic.

Step 5: The Writ of Possession

If the tenant does not vacate after a judgment for possession and does not perfect an appeal (or fails to maintain registry payments during an appeal), the landlord may request a writ of possession under §24.0061. The writ is the court order directing a constable or sheriff to remove the tenant and the tenant's belongings from the property.

Key writ-of-possession rules:

The writ may not be issued before the appeal period has run. The tenant must have had the opportunity to appeal.
24-hour warning before execution. The officer executing the writ must, before executing, post a written warning at the front door of the premises stating the writ will be executed not earlier than 24 hours after the posting. This warning is what gives the tenant final notice.
Sheriff/constable execution; alternate service after five business days. Under Rule 510, the writ of possession is executed by a sheriff or constable. If the writ is not served on or before the fifth business day after it is issued, the landlord may have it served by another qualified law-enforcement officer who has received the required training.
Execution. The constable or sheriff (not the landlord) physically removes the tenant. The landlord may not take possession by self-help — only the officer executes the writ.
Tenant's personal property. The statute prescribes specific rules for handling the tenant's belongings, including a requirement that the landlord remove them from the premises in a reasonable manner and place them at a nearby location. Detailed rules govern storage, sale of unclaimed property, and notification.

What License Holders Cannot Do: The Self-Help Prohibition

Texas Property Code §92.0081 prohibits residential landlords from engaging in lockouts (changing locks without notice) or interrupting utilities as a means of evicting a tenant. License holders involved in property management for residential landlords need to understand this rule cold — advising a client to change the locks or shut off the water to remove a non-paying tenant is advising the client to violate §92.0081 and exposes both the client and the license holder to civil liability.

Other illegal self-help tactics include removing the tenant's belongings without a writ, using force to evict, or threatening the tenant. The judicial process under Chapter 24 (as amended by SB 38) is the only lawful path to removing a tenant who refuses to vacate.

Retaliatory eviction is also prohibited. Under §92.331, a landlord may not retaliate against a tenant for exercising specific legal rights — making a good-faith repair request, complaining to a governmental entity about a code violation, or establishing or participating in a tenants' organization. Retaliation that occurs within six months of the tenant's protected conduct creates a presumption of retaliation the landlord must rebut.

Common Misconceptions

"A landlord can lock out a tenant who hasn't paid rent." Not for residential property. Property Code §92.0081 prohibits lockouts as an eviction tactic. Self-help eviction is illegal; the judicial process under Chapter 24 is the only lawful path.
"Three days' notice is always required." Three days is the default under §24.005, but the lease can specify a shorter or longer period. Read the lease before assuming the default applies.
"The justice court can hear my counterclaim during the eviction case." No — under SB 38, the justice court hears possession only. Counterclaims, including security-deposit claims, must be filed separately in small claims court.
"The landlord can remove belongings as soon as the judgment is entered." No — the judgment establishes the right to possession, but only a writ of possession (executed by a constable or sheriff after the 24-hour posted warning) authorizes physical removal.
"Oral notice to vacate is enough if the tenant heard it." No — §24.005 requires written notice. Oral notice does not satisfy the statute even with witnesses.
"An appeal lets the tenant stay rent-free until county court." Not under SB 38. The tenant must continue paying rent into the court registry as it accrues. Failure to make registry payments allows the landlord to obtain a writ of possession before the county court hearing.
"Email notice to vacate is not valid in Texas." It is, after SB 38, but only if the tenant has agreed in writing (typically in the lease) to electronic notice. Without that agreement, the traditional in-person/mail/posted methods apply.

Frequently Asked Questions

What is the minimum notice period for a Texas eviction in 2026?: Three days' written notice under §24.005(a), unless the lease specifies a shorter or longer period. SB 38 did not change the 3-day default. What did change is the delivery method — notice may now be delivered electronically (with the tenant's prior written agreement) or by delivery service, in addition to traditional in-person, mail, or door-posting methods.
Where is a Texas eviction case filed?: In the justice court for the precinct in which the real property is located, under §24.004. The jurisdictional rule is specific to the precinct where the property sits — not where the landlord lives or where the landlord's office is. Under SB 38, the plaintiff may request a venue transfer to an adjacent precinct if service or trial delays are anticipated.
How long does the post-SB 38 Texas eviction process take?: Faster than before SB 38. Under the new timeline, the sheriff or constable must make a diligent effort to serve citation within five business days, trial is set between days 10 and 21 from filing, and the writ of possession is executed by a sheriff or constable (with alternate qualified-officer service available if the writ is not served by the fifth business day after issuance). An uncontested residential eviction can typically move from notice to writ in three to four weeks. Contested cases or cases that appeal to county court take longer, but SB 38's rent-into-registry rule for appeals prevents tenants from using appeal as a free-rent delay tactic.
Can the justice court decide a tenant's security deposit claim during the eviction?: Not since SB 38. The justice court hears possession only. A tenant's claim for return of a security deposit, or any other affirmative claim, must be filed as a separate action in small claims court. Counterclaims and third-party joinder are not allowed in the eviction suit.
What happens if a tenant appeals but stops paying rent?: The landlord can obtain a writ of possession even before the county court hears the appeal. SB 38 requires the appealing tenant to continue paying rent into the court registry as it accrues; failure to make a required payment is grounds for an immediate writ. This is one of the most significant practical changes in the 2026 framework.
Can a landlord change the locks to evict a non-paying tenant?: Not as an eviction tactic. Property Code §92.0081 prohibits residential landlords from engaging in lockouts or utility interruptions as a means of eviction. The narrow exception is the statutory lockout right tied to specific procedural requirements, which generally requires written notice and is not a substitute for the §24 judicial process for non-paying tenants who refuse to leave.

Bottom Line

Texas eviction is a judicial process governed by Property Code Chapter 24 and Texas Rules of Civil Procedure Rule 510, both materially amended by SB 38 effective January 1, 2026. The five-step sequence — written notice to vacate, filing in the correct justice court precinct, service and hearing under tightened SB 38 timelines, judgment and appeal (with rent into the court registry), and writ of possession with its 24-hour warning — is the only lawful path to removing a non-vacating tenant. Self-help measures like lockouts and utility shutoffs remain prohibited under §92.0081. Memorize the sequence, the §24.005 three-day default, the new SB 38 delivery and timing rules, the SB 38 narrowing of justice court to possession only, the rent-into-registry rule for appeals, and the alternate-service trigger at the fifth business day after writ issuance. For the full leasing-cluster blueprint and the other Texas-specific topics you'll need to know, see our Texas real estate leasing hub.

Source: Texas Property Code Chapter 24 (Forcible Entry and Detainer) · Senate Bill 38, 89th Texas Legislature · Texas Supreme Court Misc. Docket No. 25-9096 (rewritten Rule 510)