Evicting a tenant in Texas is a legal process, not a self-help remedy. A landlord cannot change the locks, shut off the utilities, or remove the tenant’s belongings to force a tenant out. Even one of those actions exposes the landlord to actual damages, statutory penalties, attorney’s fees, and a potential lawsuit. The only legal way to remove a tenant who refuses to leave is by filing a forcible detainer action in Justice Court, and since January 1, 2026, that action follows new rules under Senate Bill 38.
What follows is a walkthrough of how the process actually works under SB 38, with disproportionate attention paid to the notice to vacate because that’s where most landlords lose their case before it starts.
The notice to vacate: where most cases are won or lost
If you take nothing else from this page, take this: the single most common reason eviction cases get dismissed or restart is a defective notice to vacate. We see this constantly in Dallas County JP courts. The substantive case is almost always strong. The procedure trips it.
A landlord cannot file an eviction case until the tenant has been served with a written notice to vacate and the notice period has expired. The default under Texas Property Code § 24.005 is three days, but the lease can specify a different period. If the property is federally covered (CARES Act, HUD/Section 8, LIHTC, federally-backed mortgage), a federal 30-day notice-to-vacate period can apply. Under § 24.005(c-1), however, that federal period is not a basis to delay filing: the landlord may file and litigate the eviction immediately, and the federal period runs only against the time when the writ of possession may be served, not against the right to bring the case. See the federal notice discussion.
SB 38 expanded the permissible methods of delivery:
- In-person delivery to the tenant or another adult occupant.
- Conspicuous posting on the inside of the main entry door (or the outside, if the inside isn’t accessible).
- Mail, regular or certified, to the property address.
- Electronic delivery to an email or other electronic address if the lease authorizes that method.
That last one is where landlords get into trouble most often. The lease has to actually authorize electronic notice for electronic delivery to be effective. Most older lease forms don’t. If the lease doesn’t authorize email notice and the landlord serves by email anyway, the notice can be challenged at trial and the case may have to restart.
A few more things on notice. The amount demanded has to match what’s actually owed under the lease (with the rent ledger backing it up). The deadline has to be calculated correctly under both the statute and the lease. The recipient has to be identifiable (problems arise where the named tenant has moved out but other adults remain in the unit). And the proof of service has to be preserved: the certified mail receipt, the photo of the posting, the constable’s return, or the email delivery confirmation. JP courts will dismiss a case where the landlord can demand the right amount, give the right deadline, deliver to the right address, and still not be able to prove service was completed correctly.
For deeper treatment of notice mechanics and the specific defects that produce restart, see the dedicated Notice to Vacate page.
Filing the case and getting to trial
Eviction cases are filed in the Justice of the Peace Court (Justice Court) for the precinct where the property is located. Justice Courts are the lowest tier of trial courts in Texas, and they have exclusive jurisdiction over forcible detainer actions.
Justice Court is not Small Claims Court. Small Claims was abolished in 2013 and folded into the Justice Courts as a separate small-civil-claims docket, but the two terms aren’t interchangeable. Eviction cases are forcible detainer actions filed in Justice Court only.
The landlord obtains a complaint form from the JP court (or the precinct clerk’s website) and pays the filing fee. Fees vary by precinct and by service method requested. The fee includes constable service of citation.
SB 38 tightened the procedural rules. The case must be filed in the precinct where the property sits, with transfer to an adjacent precinct allowed only when service or trial delays in the home precinct require it. JP courts may not hear counterclaims, third-party joinder, or title disputes in eviction cases; the case is exclusively about possession. And the constable must attempt service within five business days of receiving the citation, with reassignment available to another authorized officer if service fails within that window.
Trial is set between 10 and 21 days after the petition is filed. The court sets the date and delivers notice to both parties.
Bring to the hearing: the lease (or proof of arrangement if there’s no written lease), a rent ledger showing exactly what’s owed, the notice to vacate with proof of service, any written communications with the tenant relevant to the default, documentation of habitability complaints and the landlord’s response, and CARES Act 30-day notice compliance documentation if applicable.
The hearing is informal but the rules of evidence apply. Most JP eviction hearings are short, fifteen to thirty minutes. Contested cases involving habitability, retaliation, or fair housing defenses can take longer.
One narrow tool worth mentioning: SB 38 created a summary disposition procedure that allows a JP court to enter judgment without a full trial when the material facts are not in dispute. It’s available only in unauthorized-occupancy and forcible-entry cases, not in routine nonpayment evictions. Where it applies, the occupant has four days to respond to the landlord’s motion. It’s a powerful tool in the narrow cases where it works; landlords who try to use it in standard nonpayment cases will see the motion denied.
Judgment, the six-day window, and the writ
If the landlord prevails, the JP issues a judgment for possession and, where authorized, a money judgment for unpaid rent, late fees, and attorney’s fees under § 24.006. JP courts can’t enter money judgments for damages beyond unpaid rent. Those have to be brought separately in a court of competent jurisdiction.
Default judgments (where the tenant doesn’t appear) require the JP to mail a copy to the property address by first-class mail within 48 hours under § 24.0061.
The JP cannot issue a writ of possession until at least the sixth day after judgment. That six-day window is the tenant’s appeal period.
Either party can appeal the JP’s judgment to the county court at law within five days. Eviction appeals run on tight, jurisdictional deadlines and have specific SB 38 requirements: a sworn good-faith affirmation and registry rent payments during the appeal. The dedicated Eviction Appeals page covers the appeal procedure in full.
If no appeal is filed within five days, the JP issues the writ after the six-day window expires. The constable posts a 24-hour warning on the front door and then physically removes the tenant at the warning’s stated date and time. The Writ of Possession page covers the writ process in full.
The mistakes that produce restarts
The eviction process is unforgiving of procedural error. The most expensive ones:
Accepting rent after the default. Once a landlord accepts rent payment after the default, the default is generally waived and the eviction must restart with a new notice to vacate. A reservation-of-rights letter at the time of payment can sometimes preserve the default. It’s risky and best done with counsel.
Defective notice. Wrong amount owed, wrong delivery method, wrong deadline, wrong addressee, or no proof of delivery. Any of these can void the notice and force restart.
Filing in the wrong precinct. SB 38 tightened venue significantly. Filing in the wrong precinct now results in dismissal or transfer, not informal correction.
Misreading the CARES Act notice period on covered properties. A federal 30-day notice-to-vacate period can apply to federally covered properties, but under § 24.005(c-1) that period does not bar filing. The landlord may file and litigate the eviction immediately; the federal period gates only service of the writ of possession, which cannot occur until the federal period has run. Because no Texas appellate court has yet construed § 24.005(c-1), the firm can brief a more cautious position where a particular court’s approach is unknown.
Self-help eviction. Changing the locks, shutting off utilities, removing belongings. Using changed locks, shut-off utilities, or removal of belongings to seize possession exposes the landlord to actual damages, statutory penalties, and attorney’s fees under § 92.0081, § 92.008, and other statutes. Texas recognizes one narrow exception, a rent-delinquency lockout under § 92.0081(b)(3), but it is available only on strict statutory conditions (the tenant is entitled to a new key on request at any hour, whether or not the rent is paid), and it can never by itself obtain possession. Self-help is never a substitute for the eviction suit; to actually remove a tenant, the landlord must go to court. See our changing locks page for the lockout conditions.
Filing during a bankruptcy stay. If the tenant has filed bankruptcy, the automatic stay halts the eviction. Filing or continuing without stay relief is a federal violation. See the Bankrupt Tenants page for the procedure.
Showing up without a rent ledger. JP courts expect the landlord to be able to articulate exactly what’s owed and to back it up with records. Vague “the tenant owes us money” testimony is often not enough.
Defenses to watch for
Tenants raising defenses at the JP level have become routine, and SB 38’s tighter timeline means defenses have to be addressed quickly. The patterns:
Habitability. The tenant claims the property has serious uninhabitable conditions and that the landlord failed to repair after notice (§ 92.052 and § 92.056). This is the most common substantive defense.
Retaliation. The tenant claims the eviction was filed in retaliation for a protected act, such as a habitability complaint or a report to a code authority (§ 92.331). A six-month presumption window applies, which is why documentation of the actual reason for the eviction matters from the start of any tenant complaint.
Reasonable accommodation. The tenant claims a federal Fair Housing Act reasonable accommodation request that the landlord ignored or denied. ESA situations are increasingly common, and the cases are increasingly fact-intensive.
Defective notice. The tenant identifies an error in the notice to vacate, which is why notice mechanics matter so much in the first place.
CARES Act / HUD / Section 8 noncompliance. The tenant claims the property is federally covered and the landlord didn’t give the required 30 days or follow Section 8 termination procedures.
VAWA / domestic violence. The tenant invokes federal or Texas DV protections allowing early termination or barring eviction based on the conduct of an abuser.
Any of these can defeat both an SB 38 summary disposition motion and the underlying eviction itself if the tenant produces credible evidence. A landlord facing any of these defenses should get counsel involved early.
How long the process actually takes
Under SB 38, the timeline from notice to writ in an uncontested case is typically 21 to 35 days. Three days notice (or 30 for CARES Act properties), 10 to 21 days filing to trial, trial same day, six days waiting period, one to seven days for writ posting and the 24-hour window depending on constable backlog.
Contested cases or appeals add weeks. A county court appeal must be tried within 21 days of transcript filing under SB 38, so the appeal cycle adds roughly 30 to 45 days from JP judgment to final decision.
Frequently Asked Questions
Where is an eviction case filed in Texas?
In the Justice of the Peace Court (Justice Court) for the precinct where the property is located. Justice Court is not Small Claims Court, those are different terms even though Small Claims was folded into the Justice Courts in 2013. Eviction cases are forcible detainer actions filed in Justice Court only.
How much notice does a Texas landlord have to give before filing eviction?
The default under § 24.005 is three days, but the lease can specify a different period. For federally covered properties (CARES Act, HUD/Section 8, LIHTC, federally backed mortgages), a federal 30-day notice period can apply, but under § 24.005(c-1) that period does not bar filing; it gates only service of the writ of possession, so the landlord may file and litigate the eviction immediately.
How can a landlord serve a notice to vacate in Texas?
SB 38 permits in-person delivery, conspicuous posting on the inside or outside of the main entry door, mail (regular, registered, or certified), and electronic delivery if the lease authorizes electronic notice. Each method requires specific documentation to prove service.
How quickly does the eviction case go to trial under SB 38?
Trial must be set between 10 and 21 days after the petition is filed. The court sets the date, not the landlord.
What is summary disposition under SB 38?
Summary disposition is a new SB 38 procedure that allows a JP court to enter judgment without a full trial when no disputed facts exist. It is available only in unauthorized-occupancy and forcible-entry cases, not in routine nonpayment evictions.
How long after judgment does the writ of possession issue?
The JP court cannot issue a writ of possession until at least the sixth day after judgment is signed. This six-day waiting period gives the tenant time to appeal.
Can a landlord change the locks or shut off utilities to force a tenant out?
Self-help cannot be used to obtain possession, and changing locks, shutting off utilities, or removing belongings to force a tenant out exposes the landlord to actual damages, statutory penalties, and attorney's fees. Texas allows one narrow, tightly conditioned exception: § 92.0081(b)(3) permits a rent-delinquency lockout, but only on strict conditions (the tenant is entitled to a new key on request at any hour, whether or not the rent is paid), and a lockout can never by itself obtain possession. The only way to actually remove a tenant is through the court process.
What happens if the landlord accepts rent after the default?
Accepting rent after default generally waives the default and forces the landlord to restart the eviction with a new notice to vacate. A reservation-of-rights letter at the time of payment may preserve the default in some circumstances, but it is risky and best done with counsel.
What if the tenant files bankruptcy during the eviction?
Bankruptcy triggers an automatic stay that halts the eviction. The landlord cannot proceed without first obtaining stay relief from the bankruptcy court. See the Bankrupt Tenants page for the procedure.
What are the most common tenant defenses to eviction?
Habitability under § 92.052, retaliation under § 92.331, reasonable accommodation under the federal Fair Housing Act, defective notice, CARES Act noncompliance, and VAWA / domestic violence protections. Any of these can defeat an SB 38 summary disposition motion and the underlying eviction.
How long does the entire eviction process take under SB 38?
An uncontested case typically takes 21 to 35 days from notice to writ. Contested cases or appeals add weeks. A county court appeal must be tried within 21 days of the transcript being filed, so an appeal adds roughly 30 to 45 days from JP judgment to final decision.
Can the landlord recover attorney's fees in an eviction?
Yes, if statutorily authorized. Under § 24.006, a landlord can recover attorney's fees if proper pre-suit notice of attorney's fees was given. Lease provisions can also authorize fee recovery.