What SB 38 and the new Rule 510 changed
SB 38 (89th Legislature, Act of May 28, 2025, ch. 960) rewrote much of Property Code Chapter 24 for suits filed on or after January 1, 2026; earlier suits stay under the old law. The Supreme Court of Texas then rewrote Rule 510 as a standalone eviction rule, so the general justice court rules, 500 to 507, no longer govern evictions. Its orders (Misc. Docket Nos. 25-9096 and 25-9105) made the new rule effective January 1, 2026, with comments taken through February 1, 2026, so check the current text before you file.
Courts also can’t add steps. Under 24.00506, no local rule may require mediation, a pretrial conference or extra petition content, and under 24.0043 only the legislature can suspend eviction procedures, apart from narrow disaster orders.
Texas notice to vacate and notice to pay rent or vacate
Property Code 24.005(a) requires at least three days’ written notice to vacate before a forcible detainer suit, unless a written lease sets a shorter or longer period. SB 38 added a twist for nonpayment. If the tenant wasn’t late or delinquent before the month the notice is given, the notice must be a notice to pay rent or vacate. If the tenant was late before, you may use either form.
The same three-day rule covers other lease defaults and holdovers. Texas has no statewide just-cause requirement, but a holdover case must also meet the termination rules in 91.001, which end a month-to-month tenancy on the later of the date in the notice or one month after notice is given, unless a signed agreement says otherwise.
- Delivery: by mail (first class, registered, certified or a delivery service), delivery inside the premises in a conspicuous place, hand delivery to any tenant 16 or older, or email or other electronic means if agreed in writing (24.005(f-3)). Actual receipt counts no matter how it arrived (f-4).
- Counting: Chapter 24 periods skip the day of the event, include weekends and holidays, and roll forward when the last day lands on a weekend or holiday (24.0042).
- Federal notice periods: if federal law requires a longer notice, you can still file after the state period, and the court can’t delay the case for it, but the writ can’t be served until the federal period has run from the notice (24.005(c-1)).
Filing the eviction petition
File a sworn petition in the justice court for the precinct where the property is located (24.004, 24.0041). Under Rule 510.6, the petition must describe the premises, the grounds, when and how notice was given and which type, the rent owed at filing, and, in a nonpayment case, whether the tenant was late before the month of notice.
Nonlawyer agents may represent parties in justice court, and a multifamily owner may use one on a nonpayment appeal too (24.011). The court decides only possession, not title, and counterclaims aren’t allowed (24.004(c)).
Service, trial and default
A sheriff or constable must make a diligent effort to serve the citation and petition within five business days after filing. If that doesn’t happen, you may use another trained law enforcement officer, including an off-duty officer (24.0051(f)).
Under 24.0051(g), the court must hold trial no earlier than the 10th day and no later than the 21st day after the petition is filed, and not earlier than the fourth day after service. A postponement can’t exceed seven days unless both sides agree in writing. A tenant isn’t required to file a written answer (Rule 510.11); they can simply show up.
If the tenant neither answers nor appears, the court takes the petition as admitted and renders a default judgment (Rule 510.16). Before that, file the Servicemembers Civil Relief Act affidavit required by 50 U.S.C. 3931. The clerk sends the judgment to the premises, and a tenant can move to set aside a default within five days after notice is sent (Rule 510.18(k)).
SB 38’s fast summary disposition, with a four-day response window, applies only to forcible entry and detainer, the squatter case, not to a suit against a tenant.
Appeal and rent into the court registry
Either side may appeal by filing a bond, cash deposit or Statement of Inability to Afford Payment of Court Costs within five days after the judgment is signed (24.005107; Rule 510.19). A tenant must swear the appeal has merit and isn’t for delay.
In any residential case, the judgment states the rent due during appeal. The tenant must pay one rental period into the justice court registry within five days of filing the appeal, then pay each period as it comes due (24.0053(a-2)). Miss a payment and the court, on request, must issue a writ of possession without a hearing (24.0054(a)). The county court tries the appeal within 21 days after it receives the record.
The writ of possession and lockout day
A landlord who wins is entitled to a writ of possession, and issuing it is now a ministerial act “not subject to review or delay” (24.0061(b-1)). It can’t issue before the sixth day after judgment, or the day after the appeal deadline, whichever is later, unless a possession bond was filed and approved. It must issue within 60 days of judgment, or 90 for good cause, and can’t be executed after day 90 (Rule 510.18(g)).
The sheriff or constable must serve the writ within five business days of issuance, or you may request a replacement writ for another trained officer. The officer posts a front-door warning at least 24 hours before execution (24.0061(d)(1)), and belongings can’t be set outside in rain, sleet or snow. You pay the writ costs.
Lockouts, utility cutoffs and retaliation
Texas is unusual: a landlord may change the locks for delinquent rent, but only under the strict terms of Property Code 92.0081. The lease must give the right, written notice must go out three to five days ahead depending on delivery method, and the tenant gets a new key at any hour, paid or not. A violation costs one month’s rent plus $1,000, actual damages and attorney fees.
Interrupting utilities the tenant pays for, or that you furnish, except for bona fide repairs, construction or an emergency, carries the same one-month-plus-$1,000 penalty (92.008). Retaliation for a repair request, code complaint or tenant organizing is barred for six months (92.331; penalty of one month’s rent plus $500), but delinquent rent is an exception (92.332(b)).
The CARES Act in Texas cases
Section 4024(c) of the CARES Act, 15 U.S.C. 9058(c), bars a landlord of a covered property, one with a federally backed mortgage or in a covered federal housing program, from requiring a tenant to leave until 30 days after a notice to vacate. The 120-day moratorium ended in 2020, but the 30-day text remains and courts have split on whether it still applies. SB 38 handles it directly: you may file after the three-day notice, but the writ can’t be served until 30 days have passed since the notice (24.005(c-1)). Serving a 30-day notice on covered buildings is the safer course.
Texas eviction timeline for suits filed in 2026
These deadlines apply to petitions filed on or after January 1, 2026.
| Step | Deadline | Rule |
|---|---|---|
| Notice to vacate or pay or vacate | 3 days unless lease differs | Prop. Code 24.005(a) |
| Month-to-month termination | Later of notice date or one month | Prop. Code 91.001 |
| Service of citation | Within 5 business days of filing | Prop. Code 24.0051(f) |
| Trial | Day 10 to 21 after filing; 4+ days after service | Prop. Code 24.0051(g) |
| Postponement | Max 7 days without written agreement | Prop. Code 24.0051(g)(3) |
| Motion to set aside default | 5 days after notice sent | TRCP 510.18(k) |
| Appeal | 5 days after judgment signed | Prop. Code 24.005107; TRCP 510.19 |
| Rent into registry on appeal | 5 days, then each rental period | Prop. Code 24.0053(a-2) |
| Writ issues | 6th day after judgment or day after appeal deadline | Prop. Code 24.0061(b); TRCP 510.18(g) |
| Writ served | Within 5 business days of issuance | Prop. Code 24.0061(b-1) |
| Execution | At least 24 hours after door warning | Prop. Code 24.0061(d) |
Worked example: one nonpaying unit in Houston
Assume a 24-unit building in Houston, a unit renting for $1,350, a tenant who had never paid late, rent due Monday, March 1, 2027, and an assumed $750 attorney fee. Because the tenant wasn’t late before, the landlord uses a notice to pay rent or vacate, hand-delivered Tuesday, March 2.
The three days run March 3 to 5, and the petition is filed and served Monday, March 8. The earliest trial date, the 10th day after filing, is Thursday, March 18. The appeal window closes Tuesday, March 23, so the writ can issue Wednesday, March 24. The officer posts the 24-hour warning that day and executes on Thursday, March 25.
That is 24 days from the due date. At $44.38 a day ($1,350 × 12 ÷ 365), lost rent is $1,065, and with the attorney fee the case costs $1,815 before filing and service fees. An appeal with rent paid into the registry sends the case to county court.
| Item | Amount |
|---|---|
| Lost rent, 24 days at $44.38 | $1,065 |
| Attorney fee (assumed) | $750 |
| Total before court fees | $1,815 |
Alternatives to filing in justice court
A pay-or-vacate notice is itself a chance to settle. A written payment plan suits a tenant with a short setback; spell out the dates and what happens on a miss. Cash for keys, paying a tenant to leave by a fixed date and return the keys, can beat a case that turns into a county court appeal.
Selling a Texas building with a pending eviction
Leases survive a sale, so a buyer takes over the landlord’s rights and can continue a case, settle it or refile in its own name. Give the buyer the notices and proof of delivery, since the petition must state how notice was given, along with the ledger and court filings. Under 92.105, the buyer also takes responsibility for security deposits from the transfer date. Our Texas landlord-tenant law guide covers deposits and late fees.
Selling your Texas apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units across Texas with tenants in place, including buildings with nonpaying tenants, notices already served or suits on the justice court docket. We price those units into the offer, so you don’t have to see the case through.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
