EVICTION TIMELINE

For an uncontested case, the average timeline is:

• Notice period: 3 days minimum

• Filing to court hearing: 10 to 21 days

• Appeal period: 5 days

• Writ of possession execution: 1 to 7 days
   

Total estimated time: 3 to 5 weeks

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However, delays can occur depending on court scheduling, service issues, or an eviction appeal Texas courts must process.

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Let’s walk through each phase in detail.

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Phase 1: Serving the Eviction Notice

Estimated time: 3 days minimum

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Before you can file eviction in Texas courts, you must serve a legally compliant eviction notice Texas law requires.

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Most nonpayment cases require a 3 Day Notice to Vacate unless the lease provides otherwise.

Important factors that affect timing:

• Does the lease specify a longer notice period

• Was the notice properly delivered

• Did the tenant partially pay
   

The clock begins the day after the notice is delivered.

If the notice is defective, you may have to restart the process, which resets the eviction timeline in Texas entirely.​

 

Phase 2: Filing the Eviction Petition

Estimated time: 1 to 3 days after notice expires

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If the tenant does not vacate, the next step to evict a tenant in Texas is filing a Petition for Eviction in the Justice of the Peace Court in the precinct where the property is located.

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Once filed:

• The court assigns a cause number

• A hearing date is scheduled

• A citation is issued for service
   

This officially begins the court portion of the Texas eviction process.

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Phase 3: Service of Citation

Estimated time: 3 to 10 days

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The constable or authorized process server must serve the tenant with the lawsuit paperwork.

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Service delays can happen if:

• The tenant avoids service

• The property is vacant

• Multiple attempts are required
   

Improper service can significantly extend how long it takes to evict a tenant in Texas.

Professional tenant eviction service coordination helps reduce this risk.​

 

Phase 4: The Eviction Hearing

Estimated time: 10 to 21 days after filing

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Eviction hearings in Texas are typically scheduled within two to three weeks of filing.

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At the hearing, the judge determines whether:

• Proper eviction notice Texas requirements were met

• The tenant violated the lease

• Rent remains unpaid

• The landlord is entitled to possession
   

If the judge rules in favor of the landlord, a judgment for possession is issued.

If the tenant contests the case, additional time may be required.

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Phase 5: Appeal Period

Estimated time: 5 calendar days

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After judgment, the tenant has five calendar days to file an eviction appeal Texas courts allow.

If no appeal is filed, the landlord may request a writ of possession.

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If an appeal is filed:

• The case moves to County Court

• The tenant may file a statement of inability to pay

• The timeline may extend several weeks or longer
   

Eviction appeal Texas cases are one of the most common reasons for delay.

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Phase 6: Requesting the Writ of Possession Texas

Estimated time: 1 to 3 days after appeal window

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If the tenant does not appeal, the landlord may request a Writ of Possession Texas courts issue.

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The constable then:

• Posts a 24 hour notice at the property

• Returns after 24 hours

• Removes occupants if necessary
   

Execution time varies by county workload.

This is the final enforcement step in the Texas eviction process.

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Total Time: Best Case Scenario

If everything goes smoothly:

• 3 days notice

• 2 weeks to hearing

• 5 day appeal window

• 2 to 5 days for writ execution
   

Total: Approximately 21 to 30 days

This is why many landlords search for Texas eviction timeline when deciding whether to pursue removal.

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What Causes Delays in the Texas Eviction Timeline?

Several factors can extend the process:

1. Defective eviction notice Texas formatting

2. Filing in the wrong precinct

3. Incorrect tenant names

4. Tenant avoiding service

5. Tenant filing an appeal

6. Court backlogs

7. Requesting jury trial
    

Avoidable procedural errors are the most common cause of delays.

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Emergency or Expedited Evictions

Landlords often ask if there is a way to evict a tenant in Texas faster.

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Generally, the timeline is fixed by statute. However:

• Criminal activity cases may proceed differently

• Certain lease violations may allow immediate termination

• Abandonment situations may follow separate procedures
   

There is no legal shortcut around court requirements

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Special Situations That Affect Timing

 

Evicting a Commercial Tenant

Commercial lease evictions may follow different contractual timelines.

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Evicting After Lease Expiration

Holdover tenants still require proper notice and court action.

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Evicting Without a Written Lease

Month to month tenancies still require notice under Texas eviction laws.

Each scenario still follows the general Texas Property Code eviction framework.

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