Texas · timeline calculator · statute checked 2026-10-01
Eviction Process in Texas
A Texas eviction is a suit in the justice court of the precinct where the rental is. Since January 1, 2026, Senate Bill 38 writes the deadlines into Chapter 24 of the Property Code itself: how days are counted (§24.0042), when the trial must happen (§24.0051(g)), the 5-day appeal (§24.005107) and when the writ of possession can issue (§24.0061).
Enter the date the notice was delivered: the calculator gives every step with its earliest legal date and the section of the statute behind it, as a PDF and as calendar events.
Texas holdover: first end the tenancy under Prop. Code §91.001 (for a month-to-month, at least one month after your termination notice); then deliver the notice to vacate and enter that date (§24.005(a)).
Texas default is 3 days unless a written lease sets another period.
Case already moving? Enter the real dates to recalculate
Earliest legal dates only: the court and the sheriff set the real ones. Not legal advice — check the statute linked on each step and talk to a lawyer or legal aid office. Calculated in your browser; the dates (never names or addresses) are kept in the page address so you can bookmark or share it.
Pick the reason and the date to see every step with its date and statute.
How long does an eviction take in Texas?
If every step happens on the first day the statute allows and the tenant does not contest, about 22 days from the notice to removal by the constable or sheriff: for unpaid rent with the notice delivered Monday, October 5, 2026, the earliest lockout is Tue, Oct 27, 2026. Holidays stretch it — a notice delivered Wed, Dec 23, 2026 takes 23 days. Real cases usually take longer, because the court sets the hearing and the sheriff executes the writ on their own calendars.
- Notice to pay rent or vacate delivered Tex. Prop. Code §24.005(a), (f-3) Mon, Oct 5, 2026
- Notice period ends Tex. Prop. Code §24.0042 Thu, Oct 8, 2026
- Earliest day to file the eviction petition Tex. Prop. Code §§24.004, 24.005, 24.00505 Fri, Oct 9, 2026
- Citation served on the tenant Tex. Prop. Code §24.0051(f) Fri, Oct 9, 2026 – Mon, Oct 19, 2026
- Tenant’s response if the petition includes a motion for summary disposition Tex. Prop. Code §§24.0051(e), 24.005106 Tue, Oct 13, 2026
- Trial window Tex. Prop. Code §24.0051(g) Mon, Oct 19, 2026 – Fri, Oct 30, 2026
- Judgment (earliest: the first possible trial day) Tex. Prop. Code §24.0061(a) Mon, Oct 19, 2026
- Last day to appeal to county court Tex. Prop. Code §24.005107(a) Mon, Oct 26, 2026
- Earliest day the writ of possession can issue Tex. Prop. Code §24.0061(b) Mon, Oct 26, 2026
- Officer serves the writ (warning posted on the door) Tex. Prop. Code §24.0061(b-1), (d)(1) Mon, Oct 26, 2026 – Mon, Nov 2, 2026
- Earliest move-out by the officer (writ executed) Tex. Prop. Code §§24.0061(d)(1), 24.005(c-1) Tue, Oct 27, 2026
Example: unpaid rent, notice delivered Monday, October 5, 2026; service assumed on the filing day and judgment on the first legal day.
Eviction notices in Texas
Notice to pay rent or vacate
Unpaid rent, when the tenant was not late in any month before this one — this form is then required.
At least 3 days, unless a written lease sets a shorter or longer period · Prop. Code §24.005(a)
Notice to vacate
Unpaid rent by a tenant who was late before, a lease default, or a tenant holding over after the term ended (end the tenancy under §91.001 first).
At least 3 days, unless a written lease sets a shorter or longer period · Prop. Code §§24.005(a), 91.001
Notice to a tenant at will or by sufferance
An occupant without a lease.
At least 3 days · Prop. Code §24.005(b)
Write the notice with the Texas eviction notice generator, or check which one fits with the eviction notice wizard. Ending a month-to-month tenancy? Use the notice to vacate generator.
How Texas counts the days
- The day the notice is delivered does not count.
- Saturdays, Sundays and state or federal holidays count.
- The last day counts — but if it is a Saturday, Sunday or state or federal holiday, the period runs to the next day that is not.
- The notice must be delivered by mail, inside the premises in a conspicuous place, by hand to any tenant 16 or older, or electronically if both sides agreed in writing (§24.005(f-3)); actual receipt also counts.
Example with holidays: a notice delivered Wed, Dec 23, 2026 expires on Mon, Dec 28, 2026 (skipping December 26 (state)), and the earliest filing day is Tue, Dec 29, 2026.
State and federal holidays that change the count, 2026–2027
Weekday holidays only (weekends are already excluded or extended). Source: Gov. Code §662.003 and 5 U.S.C. §6103(a).
| Date | Holiday |
|---|---|
| Thu, Jan 1, 2026 | New Year’s Day |
| Mon, Jan 19, 2026 | Martin Luther King, Jr. Day |
| Mon, Feb 16, 2026 | Presidents’ Day (Washington’s Birthday) |
| Mon, Mar 2, 2026 | Texas Independence Day (state) |
| Tue, Apr 21, 2026 | San Jacinto Day (state) |
| Mon, May 25, 2026 | Memorial Day |
| Fri, Jun 19, 2026 | Juneteenth / Emancipation Day in Texas |
| Thu, Aug 27, 2026 | Lyndon Baines Johnson Day (state) |
| Mon, Sep 7, 2026 | Labor Day |
| Mon, Oct 12, 2026 | Columbus Day (federal) |
| Wed, Nov 11, 2026 | Veterans Day |
| Thu, Nov 26, 2026 | Thanksgiving Day |
| Fri, Nov 27, 2026 | Friday after Thanksgiving (state) |
| Thu, Dec 24, 2026 | December 24 (state) |
| Fri, Dec 25, 2026 | Christmas Day |
| Fri, Jan 1, 2027 | New Year’s Day |
| Mon, Jan 18, 2027 | Martin Luther King, Jr. Day |
| Tue, Jan 19, 2027 | Confederate Heroes Day (state) |
| Mon, Feb 15, 2027 | Presidents’ Day (Washington’s Birthday) |
| Tue, Mar 2, 2027 | Texas Independence Day (state) |
| Wed, Apr 21, 2027 | San Jacinto Day (state) |
| Mon, May 31, 2027 | Memorial Day |
| Fri, Aug 27, 2027 | Lyndon Baines Johnson Day (state) |
| Mon, Sep 6, 2027 | Labor Day |
| Mon, Oct 11, 2027 | Columbus Day (federal) |
| Thu, Nov 11, 2027 | Veterans Day |
| Thu, Nov 25, 2027 | Thanksgiving Day |
| Fri, Nov 26, 2027 | Friday after Thanksgiving (state) |
| Fri, Dec 24, 2027 | December 24 (state) |
Days that may or may not count: federal holidays “observed” on a weekday when the real date falls on a weekend (5 U.S.C. §6103(b) applies them to federal pay and leave), and Texas’s optional holidays — Rosh Hashanah, Yom Kippur and Good Friday (Gov. Code §662.003(c)) and Cesar Chavez Day (§662.013) — which are not state holidays but on which a court may close. Whether a court treats them as holidays for §24.0042 is not settled, so the calculator shows both dates:
- Tue, Mar 31, 2026 — Cesar Chavez Day (optional state holiday)
- Fri, Apr 3, 2026 — Good Friday (optional state holiday)
- Fri, Jul 3, 2026 — Independence Day
- Mon, Sep 21, 2026 — Yom Kippur (optional state holiday)
- Fri, Mar 26, 2027 — Good Friday (optional state holiday)
- Wed, Mar 31, 2027 — Cesar Chavez Day (optional state holiday)
- Fri, Jun 18, 2027 — Juneteenth / Emancipation Day in Texas
- Mon, Jul 5, 2027 — Independence Day
- Fri, Dec 31, 2027 — New Year’s Day
Frequently asked questions
How long does an eviction take in Texas?
If every step happens on the first day the statute allows and the tenant does not contest, about 22 days from the notice to removal by the constable or sheriff: for unpaid rent with the notice delivered Monday, October 5, 2026, the earliest lockout is Tue, Oct 27, 2026. Holidays stretch it — a notice delivered Wed, Dec 23, 2026 takes 23 days. Real cases usually take longer, because the court sets the hearing and the sheriff executes the writ on their own calendars.
Can a Texas lease change the 3-day notice?
Yes. Section 24.005(a) requires at least three days’ written notice to vacate “unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.” Enter your lease’s number of days in the calculator; the counting rules of §24.0042 still apply.
When is the trial in a Texas eviction?
The justice court must hold the trial no earlier than the 10th day and no later than the 21st day after the petition is filed, and not earlier than the 4th day after the tenant is served. It may postpone the trial for up to 7 days unless both sides agree in writing to a longer delay (§24.0051(g)).
How long does a tenant have to appeal an eviction in Texas?
Five days. Either side appeals by filing a bond, a cash deposit or a statement of inability to afford court costs with the justice court no later than the 5th day after the judgment is signed; a tenant must also swear to a good-faith meritorious defense (§24.005107(a)). The county court then holds a trial within 21 days after it receives the record (§24.005107(c)).
When can the constable remove a tenant in Texas?
The writ of possession cannot issue before the 6th day after the judgment unless a possession bond was approved (§24.0061(b)). The sheriff or constable must serve it by the 5th business day after it issues, and posts a written warning on the front door at least 24 hours before executing it (§24.0061(b-1), (d)).
What if the landlord asks for a decision without a trial?
Since 2026 a landlord can file a sworn motion for summary disposition with the petition. The tenant must file a response with supporting facts no later than the 4th day after being served; otherwise the court may rule for the landlord without a trial (§§24.0051(e), 24.005106).
Sources
- Tex. Prop. Code ch. 24 (Forcible Entry and Detainer), incl. SB 38 — Texas Legislature
- Tex. Prop. Code §91.001 (ending a month-to-month tenancy)
- Tex. Gov. Code §662.003 (state holidays)
- 5 U.S.C. §6103 (federal holidays) — GovInfo
Read on the official sites on 2026-10-01. Other states: eviction process in California · eviction process in Florida · all states.
Not legal advice. The dates are the minimums the statute allows, counted from the dates you enter. The justice court of the precinct where the property is and the sheriff set the real dates, and local rules or your lease can change some periods. For your case, talk to a landlord-tenant lawyer or a legal aid office.