Texas Eviction Process and SB 38: What Changed

Texas SB 38 (opens in new tab) took effect January 1, 2026. It changed how eviction cases move through Texas justice of the peace (JP) courts. If you're facing a new eviction case, or you're worried one is coming, here's the Texas eviction process after SB 38, step by step. We follow these rules closely. They shape what ends up on our clients' records.

What SB 38 changed

Three changes matter most:

1. Summary disposition: a judgment without a full trial. The fast version SB 38 created only applies when someone moved in without permission, like a squatter. In an ordinary case over unpaid rent or staying past the lease (a holdover), either side can still ask for it. The judge can't look at that request until it's been on file for 14 days, and you can file a sworn response. From what we see, most ordinary cases still go to trial
2. New notice rules: the law now lists the ways a landlord can deliver the notice. If you actually get the notice, it counts no matter how it reached you. If the only issue is unpaid rent and you weren't late before that month, it has to be a notice to pay rent or vacate
3. Tighter appeals: if you appeal, you pay your ongoing rent into the court registry (an account the court holds). On top of that, you have to swear you have a real defense and aren't just buying time

What SB 38 didn’t change

• Eviction records are still public (Texas court records start out open to the public, and judges rarely seal them)
• Texas still has no law for expunging an eviction
• The 7 year window for screening reports under the Fair Credit Reporting Act (FCRA) still applies
• The basic tenant defenses are still there (a notice that wasn't done right, suing the wrong person, proof you paid)
• The Texas Eviction Diversion Program (TEDP) is still closed. A new court program like it, just for eviction cases, would now need a new law from the Legislature

See our expungement guide and TEDP guide for the details on those.

The updated eviction timeline

Day 0: Notice to vacate. The landlord gives you a notice to vacate, and SB 38 spelled out how it can be delivered. A notice you actually got counts, so there’s less room to fight over how it reached you. Texas law doesn’t make the landlord give you a chance to fix the problem, with one big exception. If the only issue is unpaid rent and you weren’t late before, it has to be a notice to pay rent or vacate.

• Unpaid rent: 3 days (or whatever the lease says)
• Staying after the lease ends: 3 days (or whatever the lease says)
• Lease violation: 3 days (or whatever the lease says)

About day 4: Eviction case filed. The notice period has to run out first. If you haven’t paid or moved out by then, the landlord files the case in the JP court for the precinct where the property sits. Expect court costs of roughly $50 to $60, plus a fee for the constable to deliver the papers (about $85 in Harris County).

About days 4 to 12: Citation and service. The court issues a citation, the official papers telling you about the case. A sheriff or constable has to deliver it to you at least 4 days before trial. They have to try within 5 business days after the case is filed.

If they haven’t served it by then, the landlord can have another trained officer do it. If the officer tries at least twice and can’t reach you, the judge can OK another way. The officer then slides the papers under your door (or attaches them to it) and mails you a copy.

About days 14 to 25: Court hearing. The trial gets set 10 to 21 days after the case is filed. You don’t have to file a written answer, but you do need to show up. If you skip the trial and haven’t filed an answer, the judge can rule against you without hearing your side (Rule 510.16). Show up and the judge hears both sides before ruling.

Summary disposition. In a squatter case, the judge can sometimes rule without a trial. Ordinary cases have a slower version. We explain both in the next section.

Days 1 to 5 after judgment: Appeal window. You have 5 days after the judgment is signed to file an appeal (TRCP 510.19 (opens in new tab)). Under SB 38, you pay one rent period’s rent (usually one month) into the court registry within 5 days of appealing. Then you keep paying it there each time rent comes due. If a deadline lands on a weekend or holiday, it moves to the next business day.

Day 6 or later after judgment: Writ of possession. If you don’t appeal, the landlord can get a writ of possession (the order to remove you) as early as the 6th day after judgment. The constable posts a warning on your door at least 24 hours before carrying it out.

Total from notice to lockout: with a 3 day notice, about 3 weeks if every step moves as fast as the law allows. From what we see, an ordinary case often takes 25 to 45 days.

Fast summary disposition only covers squatter cases

The fast version, with a 4 day deadline to respond, only covers forcible entry and detainer cases. That’s when someone moved in without the owner’s permission, like a squatter, and the landlord swears to the facts when filing.

The person has until the 4th day after getting the court papers to file a written response that backs up their side. If the two sides really disagree on the facts, the judge sets a trial 10 to 21 days after filing. If not, the judge can rule without one.

In an ordinary unpaid rent or holdover case, either side can still ask for summary disposition in a sworn filing. The judge can’t look at it until it’s been on file at least 14 days.

If your landlord files one, call legal aid right away. They can help you file a written, sworn response with your facts and documents before the hearing. Plan to show up anyway. Most of the cases we hear about still go to trial, so bring your defenses.

Paying rent into the court registry to appeal

To appeal an eviction now, you have to keep paying your rent into the court’s registry for as long as the appeal lasts. The idea is to keep tenants from living rent free during an appeal.

What that means in practice:

• Appeals are more expensive up front
• Tenants who don’t have the cash to keep paying rent may give up on appeals they could have won
• The money isn’t held for you: the court pays it out to the landlord on request, even with the appeal still going

What it does to your record

An eviction filed under SB 38 is a public JP court record, just like the ones filed before it. When you apply for your next place, that means:

• The filing can show up on tenant screening reports
• Under FCRA, it should drop off after 7 years
• SafeRent Solutions, RealPage, TransUnion, and the rest can pick up the filing
• From what we see, most Class A (newer, higher end) properties will still deny you automatically

Screening companies don’t care whether the case ended with summary disposition or a full trial. Either way, it’s an eviction filing.

What this means for renters facing eviction

• Time is shorter: respond right away to any notice to vacate
• Show up for your trial: missing it can mean losing automatically, so call legal aid early
• Appeals cost more up front: count the rent you’d pay the court, and ask legal aid whether an appeal makes sense for you
• The filing will show up on your record either way: start planning your next rental search now

What this means for renters already on record

Was your eviction filed before January 1, 2026? Then SB 38 doesn’t change anything about your situation. Here’s where we’d put your energy:

• Applying at properties likely to approve your kind of file (our services for each situation)
• Disputing screening report errors (our dispute guide)
• Paying off the balance if you can (our pay off guide)

Where to find legal help in Texas

If you have an eviction case going right now, reach out to one of these for free legal help (if you qualify):

• TexasLawHelp.org: eviction guides and the legal aid group that serves your county
• Texas RioGrande Legal Aid: 956-996-8752
• Lone Star Legal Aid: 800-733-8394
• Legal Aid of NorthWest Texas: 888-529-5277
• BASTA (Austin): tenant rights and support

This guide is general information, not legal advice, and we aren’t attorneys. For legal help with a Texas eviction, talk to a licensed Texas attorney or a tenant legal aid organization.