How long does an eviction take in Texas? The timeline of a Texas eviction is one of the most common questions landlords ask us — and for good reason. Every day your property sits occupied by a non-paying or problem tenant is money out of your pocket. So how long does it actually take?

The short answer: most Texas evictions take 4–8 weeks from start to finish when handled correctly. But the actual timeline depends on several factors — the county your property is in, whether the tenant contests the eviction, and whether the notice and filing steps are done right the first time.

Here’s a complete breakdown of every step and how long each one takes.

For a complete walkthrough of the full process, read our Texas Eviction Process: The Complete Landlord Guide. If you’re weighing your options on representation, read our comparison of eviction lawyer vs. eviction agent in Texas.

Step 1: Notice to Vacate (3–30 Days)

Before you can file an eviction lawsuit in Texas, you must first serve the tenant with a written Notice to Vacate. This is a non-negotiable legal requirement — you cannot skip it or shorten it .In some cases, a tenant must receive a specific notice of the lease violation with an opportunity to cure the violation before a notice to vacate may be issued and before an eviciton lawsuit is filed.

The required notice to vacate period depends on your lease, the reason(s) for eviction, and the existing circumstances:

• General Rule: Texas law requires at least 3 days’ notice (unless your signed lease specifies a longer period or allows a shorter period). Note that under recent changes to Texas law, certain nonpayment situations may require two separate notices, regardless of whether your lease says otherwise — make sure you are using the correct notice for your situation.
• Other Lease Violation: Many, but not all, leases require that the tenant be given a specific written notice of the lease violation and an opportunity to cure the violation. The notice period for such notices is usually specified in the lease
• No lease/guest: At least 3 days.
• Squatter: No minimum amount of notice required, but the squatter must expressly and clearly be instructed to vacate.

Proper delivery of the notice to vacate is required. The notice must be in writing and delivered correctly — posted on the inside of the main entry door or in a conspicuous place inside the residence, delivered in person, or sent by mail with the proper additional time added. A text message, phone call, or email does NOT satisfy the legal requirement for a Notice to Vacate in Texas, unless expressly authorized in a signed lease.

Timeline: 3–30 days depending on lease terms and eviction reason.

Step 2: File the Eviction Lawsuit

Once the notice period expires and the tenant has not vacated, you can file an eviction lawsuit — called a “Petition for Eviction” — in the Justice of the Peace court for the precinct where your property is located.

Filing is straightforward but must be done in the correct court. Texas has multiple Justice of the Peace precincts within each county, and filing in the wrong precinct will result in your case being dismissed.

Along with the petition, you’ll pay the filing fee and a process server fee (varies by county, typically $100–$175) and the court will schedule a hearing date. Your trial exhibits should also be filed with the petition for eviction, along with the required military status affidavit.

Timeline: 1–2 days to prepare petition, exhibits, and affidavit, and file.

Step 3: Court Hearing Date (8–21 Days After Filing)

Texas law requires the eviction hearing to be scheduled no sooner than 10 days and no later than 21 days after the petition is filed. In practice, most courts schedule hearings within 10–14 days of filing. However, when courts are particularly busy, cases may be set further out.

The actual hearing is typically brief — most uncontested eviction hearings last 5–15 minutes. If the tenant does not appear, the judge will usually grant a default judgment in your favor. If the tenant does appear, both sides present their case and the judge rules from the bench in most cases. In every case, whether the tenant shows up or not, the landlord has the burden of proof and must present credible evidence of each element of an eviction case.

Timeline: 10–21 days from filing to hearing.

Step 4: Judgment and Writ of Possession (1–7 Days)

If the judge rules in your favor, you will receive an eviction judgment. However, the tenant has 5 days to appeal the judgment to the County Court. During this appeal period, you cannot forcibly remove or harrass the tenant.

If no appeal is filed after 5 days, you can request a Writ of Possession from the Justice of the Peace court. The writ authorizes a constable or sheriff to physically remove the tenant if necessary. If the tenant has personal property on the premises, the landlord is responsible for moving all such property to the curb, under the Constable’s supervision, at the landlord’s expense.

Once the writ is issued, the constable will post a 24-hour notice on the door before executing the writ.

Timeline: 5-day appeal period + 1–3 days to obtain and execute the writ.

What Can Delay a Texas Eviction Timeline?

Several factors can extend the timeline significantly:

• Defective notice: If your Notice to Vacate has any errors — wrong notice period, improper delivery, missing required language — the judge will dismiss your case and you’ll have to start over. This is the most common reason evictions are delayed.
• Filing errors: Errors in the Petition for Eviction — wrong precinct, missing information, incorrect fees — can result in dismissal.
• Continuance: Either party may file a motion for continuance (delay). The eviction court will usually grant the first motion for continuance, and will reset the trial date for 1 week later.
• Jury trial: Either party may request a jury trial and pay the required fee. The court cannot refuse a properly-requested jury trial. This often delays the trial by 1 – 3 weeks because a jury panel must be summoned.
• Tenant appeal: If the tenant appeals the judgment, the case moves to County Court, which can add 3–8 weeks or more to the timeline.
• Failing to file military status affidavit: Such affidavits are required in every eviction case, even if you are certain the tenant is not in the military. Most courts will require the affidavit to include an official report from the U.S. Department of Defense. Failure to file the proper affidavit and report may result in the postponement of the trial for at least 90 days.
• Court scheduling: Some counties have busier dockets than others. Harris County (Houston) and Dallas County courts tend to have longer wait times than smaller counties.

How to Complete Your Eviction as Fast as Possible

The best way to minimize your eviction timeline is to ensure every step is done correctly the first time. Here’s what that means in practice:

• Serve the correct type of notice with the correct notice period for your specific situation
• Deliver the notice in a legally compliant manner
• File in the correct Justice of the Peace precinct for your property’s location
• Prepare the petition correctly with all required information
• Appear at the hearing prepared with your lease, notice documentation, and evidence of the violation

One mistake at any of these steps can result in dismissal and force you to start over — adding weeks to your timeline and hundreds or thousands of dollars in continued lost rent.

Get Your Eviction Done Right — and Fast

Texas Eviction Team handles every step of the eviction process for landlords across Austin, San Antonio, Dallas-Fort Worth, Houston, and surrounding counties. We prepare and serve the correct notice, file in the right court, and represent you at the hearing — all for a guaranteed flat fee.

Most of our clients get an eviction order within 4–6 weeks of starting the process with us.

If you’re ready to move forward, call us at (877) 384-2821 or start your case online— we’ll get moving on your eviction right away.

Not sure if you’re ready to file? Take our free Eviction Readiness Checker to find out exactly where you stand.