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Evictions in Texas Justice Courts: The 2026 Rules

Real estate investors · Updated 2026-10-16

Evictions in Texas Justice Courts: The 2026 Rules

Information, not legal advice. Laws change; check the current statute or rule and talk to a Texas attorney before you act.

Texas rewrote its eviction process for 2026. Senate Bill 38 (89th Legislature, 2025) amended Property Code chapter 24, and the Texas Supreme Court rewrote Rule 510 of the Rules of Civil Procedure to match (Misc. Docket Nos. 25-9096 and 25-9105). The new rules apply to eviction suits filed on or after January 1, 2026. Cases filed earlier follow the old rules.

This article walks a landlord or investor through the new process. It also covers what an eviction filing tells you about a property.

Where evictions are filed

Evictions are filed in the justice court (JP court) for the precinct where the property is located (Property Code §24.004). The JP court decides only who gets possession. It does not decide title, and counterclaims and third-party suits are not allowed in the eviction case (§24.004(c)). A landlord may appear through an authorized agent who is not a lawyer, such as a property manager.

Step 1: The pre-suit notice

Which notice

Under amended Property Code §24.005, a tenant who defaults or holds over must get at least three days' written notice before the suit is filed, unless a written lease sets a shorter or longer period.

How it's delivered

The new law allows delivery by:

Taping the notice to the outside of the door is no longer an approved method. If the tenant actually received the notice, how it was delivered no longer matters.

Day counts include weekends and holidays. A last day on a weekend or holiday rolls to the next business day.

After a foreclosure

A former owner who stays after a foreclosure sale is a tenant at sufferance and gets a three-day notice to vacate. A residential tenant who is current on rent and not in default when the buyer takes over must get at least 30 days' written notice if the buyer won't continue the lease (Property Code §24.005(b)). Federal law also applies: after foreclosure of a federally related mortgage loan, the new owner must generally give bona fide tenants 90 days' notice and honor an existing lease to its end, unless the buyer will live there (Protecting Tenants at Foreclosure Act).

Step 2: Filing and service

The landlord files a sworn petition in the right JP court. Then:

Step 3: Trial, or summary disposition for squatters

In an ordinary nonpayment or holdover case, the court holds a trial within the 10-to-21-day window. It may postpone the trial by no more than 7 days unless both sides agree in writing.

New: summary disposition for forcible entry and detainer. When someone entered without permission (a "squatter" situation), the owner may file a sworn motion for summary disposition with the petition. The occupant has 4 days after service to respond. If there are no genuinely disputed facts, the court can enter judgment without a trial. If there are disputed facts, the court sets a trial within the 10-to-21-day window. This fast track does not apply to ordinary nonpayment cases.

Step 4: Appeal

Either side may appeal to county court within 5 days after the judgment is signed, by filing a bond, a cash deposit, or a Statement of Inability to Afford Payment of Court Costs (Rule 510.19). New requirements:

Step 5: Writ of possession

If the tenant doesn't move out or appeal:

Self-help lockouts and utility shutoffs are restricted (Property Code ch. 92).

Timeline at a glance

StepTypical timing under the 2026 rules
Notice to vacate3 days unless the lease says otherwise
Trial10-21 days after filing; at least 4 days after service
Appeal window5 days after judgment
Earliest writ6th day after judgment, if no appeal
Writ servedwithin 5 business days of issue

What eviction filings tell an investor

How this shows up in Agentix Data

Agentix Data carries eviction filings from the Harris County justice courts and from the Fort Bend and Denton county court indexes, refreshed daily. Each is linked to the property where we can match it (Fort Bend and Denton by name only, marked "possible"). On our stacked lists an eviction adds a point, and repeated filings on an absentee-owned rental are a common tired-landlord pattern. The data is for real-estate marketing and research. It is not for tenant screening.

Sources

General information, not legal or financial advice.