Typical time limits. Always follow the dates printed on your own papers. Last reviewed October 2026.
Step by step
Notice to vacate
Before filing, your landlord usually has to give you a written notice to vacate. In Texas this is often 3 days, unless your lease sets a different period. This is not a court order, and you cannot be locked out from this notice alone.
Petition and citation
If you do not move, the landlord files an eviction petition. You are served a citation with your trial date. In a JP eviction case you are not always required to file a written Answer, but you must show up for trial. Many tenants file an Answer anyway so their side is on record.
Trial
The trial is usually set 10 to 21 days after the petition is filed. If you miss it, the court can enter a default judgment against you. Bring your lease, receipts, photos and messages.
Judgment and appeal
If the judge rules for the landlord, the deadline to appeal to county court is usually 5 days. In nonpayment cases you may also need to pay rent into the court registry to stay in the home while the appeal is pending.
Writ of possession
If you do not appeal, the landlord can ask for a writ of possession, usually after the 5-day appeal period ends. A constable posts a warning at least 24 hours before the lockout.
Common questions
Do I have to file an Answer in a Texas eviction?
In a Justice Court eviction you are generally not required to file a written Answer, but you must appear at trial. Filing an Answer can help put your defenses on record.
How long do I have to appeal an eviction in Texas?
Usually 5 days from the judgment. Check your judgment and the court clerk for your exact deadline.
This guide is general information, not legal advice. Laws and court rules change, and your county may have its own procedures. If your deadline is very close, contact your court clerk, local legal aid or a licensed attorney right away.
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