Texas Eviction Steps in 2026: Petition, Hearing, Writ of Possession

After SB 38, a Texas eviction runs in this order: written notice under Tex. Prop. Code s. 24.005, a sworn petition in the right justice precinct, service, a trial or summary disposition, judgment, and a writ of possession that, absent an approved possession bond, may not issue before the sixth day after judgment. The appeal clock is five days. This describes the statute, not legal advice. SB 38 applies to suits whose petition is filed on or after 1 January 2026.

Step table

Chronological. The fee demand is second because s. 24.006(a) requires it to be sent at least 10 days before the suit is filed, if you want to be eligible for fees under (a).

The steps in the text

1. Notice (s. 24.005)

The landlord must give “at least three days’ written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.” A nonpayment-only termination of a tenant not late before the month of notice “shall be given in the form of a notice to pay rent or vacate.” A holdover landlord “must also comply with the tenancy termination requirements of Section 91.001.” Delivery is in s. 24.005(f-3); the text does not say when delivery is complete.

2. Fee demand (s. 24.006)

Except as provided by (b), to be eligible for attorney’s fees, the landlord “must give a tenant who is unlawfully retaining possession of the landlord’s premises a written demand to vacate,” sent “by registered mail or by certified mail, return receipt requested, at least 10 days before the date the suit is filed.” It must say that if the tenant does not vacate “before the 11th day after the date of receipt of the notice,” fees may be recovered. Under s. 24.006(b), a written lease entitling the landlord to fees also works. Under (c), if the landlord gave this demand or a written lease entitles the landlord or the tenant to fees, a prevailing tenant can recover fees too, without giving notice. Whether one document can serve as both this demand and the s. 24.005 notice is not in the text; ask an attorney.

3. Venue (s. 24.0041)

“An eviction suit must be brought in the justice precinct in which the real property is located.”

4. Petition (s. 24.00505)

“To initiate an eviction suit, a sworn petition must be filed with the court. The petition must include the contents required by the Texas Rules of Civil Procedure.” Those contents, filing fees and local forms are outside the Property Code; ask the justice court clerk.

5. Service and default (s. 24.0051)

For a sworn petition seeking possession and unpaid rent, “personal service on the tenant or service on the tenant under the Texas Rules of Civil Procedure is procedurally sufficient to support a default judgment for possession of the premises and unpaid rent.” The citation must warn: “FAILURE TO APPEAR FOR TRIAL MAY RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU.” An officer “shall make a diligent effort to serve the citation and petition not later than the fifth business day after the date the petition is filed.” The section does not define “business day.”

6. Trial date (s. 24.0051(g))

The court “shall, subject to this subsection, hold the trial of an eviction suit on a date that is not earlier than the 10th day or later than the 21st day after the date the petition is filed,” and “may not postpone the date of a trial for more than seven days unless the parties agree to the postponement in writing.” Example: petition filed Monday 2 November 2026; the 10th day is Thursday 12 November, the 21st Monday 23 November. The trial also may not be “earlier than the fourth day after the date the tenant is served with the petition.”

7. Summary disposition (s. 24.005106)

The landlord may file with the petition a sworn motion that “must set out all supporting facts, and documents on which the motion relies must be attached.” The court may enter judgment without trial “unless” the tenant files a response by the fourth day after service, and the court finds service proper and genuinely disputed facts. If facts are disputed, trial is set for the 10th to 21st day after filing (s. 24.005106(c)).

8. Judgment and writ (s. 24.0061)

A prevailing landlord is “entitled to a judgment for possession of the premises and a writ of possession.” “A writ of possession may not be issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure.” The officer “shall serve the writ of possession not later than the fifth business day after the date the writ is issued” (b-1). The writ orders a posted warning that it will be executed “not sooner than 24 hours after the warning is posted” (d)(1). Possession bond requirements are outside the Property Code; ask the clerk.

9. Appeal (s. 24.005107)

A party may appeal “by filing a bond, cash deposit, or statement of inability to afford payment of court costs with the justice court not later than the fifth day after the date the judgment is signed.” Example: judgment signed Monday 2 November 2026. Day 5 is Saturday 7 November, so s. 24.0042(4) extends it to Monday 9 November. A tenant who appeals must also pay rent into the court registry under s. 24.0053; s. 24.0054 covers non-payment. Read both in the statute.

Common mistakes

• Filing before the notice period runs, or delivering by a method outside s. 24.005(f-3) when the tenant did not actually receive the notice (s. 24.005(f-4)).
• Sending the fee demand by ordinary mail, or fewer than 10 days before filing.
• Filing in the wrong justice precinct.
• Assuming Chapter 24 tells you what the petition must contain. It points to the Texas Rules of Civil Procedure.
• Promising yourself a move-out date. The text sets a trial window and a writ no earlier than the sixth day after judgment, not a single date.
• Missing the fifth-day appeal deadline, or letting a weekend end it early.

Disputed facts, a possession bond, or an appeal are the points to see a Texas attorney.

Currency (text as of October 2026). History lines show “Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38)” with “eff. January 1, 2026” for ss. 24.005, 24.0041, 24.0042, 24.00505, 24.0051, 24.005106, 24.005107, 24.0053, 24.0054 and 24.0061. Section 24.006 shows no amendment after 1997. See SB 38.

Sources

• Tex. Prop. Code s. 24.005 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.006 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.0041 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.00505 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.0051 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.005106 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.0061 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.005107 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.0042 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.0053 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.0054 — Texas Legislature, Property Code
• Tex. Prop. Code s. 91.001 — Texas Legislature, Property Code

Related guides

• Texas Security Deposit Law: The 30-Day Rule and 'Surrender' (2026)
• Texas Forwarding Address Rule: Does the 30-Day Clock Start? (92.107)
• Texas Itemized Deposit List: What to Include and What Not to Deduct
• Texas Bad-Faith Deposit Penalty: $100 + 3x + Fees (s. 92.109)
• Texas Notice to Vacate vs. Notice to Pay Rent or Vacate After SB 38
• How to Count Days for a Texas Eviction Notice (s. 24.0042)
• Delivering a Texas Notice to Vacate in 2026: The Four Methods
• Texas Late Fee Rules: Two-Full-Days Rule, Reasonable Fees (2026)
• Can a Texas Landlord Change the Locks Over Unpaid Rent? (s. 92.0081)
• Texas Landlord Notices by E-mail: s. 92.113 vs. Notice to Vacate
• Why Texas City Eviction Ordinances Can't Override the Property Code

Informational only, not legal advice. Statute text checked against the Texas Property Code (Chapters 1, 24, 91 and 92) as published by the Texas Legislative Council on October 5, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Texas landlord-tenant attorney.