Facing an Eviction Case in North Texas
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Apart from the exception in section 24.004(b), every residential eviction in Texas is a case in the justice court for the precinct where the property sits, and since January 1, 2026 it runs on deadlines that S.B. 38 rewrote. The bill amended chapter 24 of the Texas Property Code and the current Rule 510 of the Texas Rules of Civil Procedure carries matching changes.
The notice to vacate
Section 24.005(a) covers a tenant under a written lease or an oral rental agreement. The landlord "must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement."
Nonpayment cases have their own form rule. If the tenant was not late or delinquent before the month in which the notice is given, and the case rests solely on nonpayment, the notice must be a notice to pay rent or vacate. If the tenant was late before that month, the landlord may use either a notice to pay rent or vacate or a plain notice to vacate. A holdover case must also meet the termination rules of section 91.001.
Section 24.005(b) applies the same three-day minimum to a tenant at will or by sufferance. After a tax or trustee's foreclosure sale under a lien superior to the tenant's lease, a purchaser that chooses not to continue the lease must give a residential tenant who timely pays rent and is not otherwise in default at least 30 days' written notice to vacate.
S.B. 38 replaced the old delivery rules with subsection (f-3). A notice must go by at least one of these methods:
- mail, including first class, registered or certified mail, or a delivery service;
- delivery to the inside of the premises in a conspicuous place;
- hand delivery to any tenant of the premises who is 16 years of age or older; or
- e-mail or other electronic means, if the parties have agreed in writing.
Under subsection (f-4), those method rules do not apply if the tenant actually receives the notice. Where a federal law or rule requires its own notice period, section 24.005(c-1) says the landlord need not delay filing, but a writ of possession may not be served until the federal period has run.
Day counting follows section 24.0042 and Rule 510.4. The day of the triggering event is not counted, weekends and holidays are counted, and a period that would end on a Saturday, Sunday or state or federal holiday runs to the next day that is not one. If the court is closed for all or part of the last day for filing, the period runs to its next business day. Under Rule 510.4(b), if a document filed by mail has not reached the court by the due date, the court may take any authorized action, including issuing a writ of possession.
Filing in the right justice court
Section 24.0041 says an eviction suit "must be brought in the justice precinct in which the real property is located." Rule 510.6(c) adds that if the petition is filed anywhere else, the judge must dismiss the case, and the filing fee is not refunded, though service fees are refunded if the case is dismissed before service is attempted. Section 24.00505 requires a sworn petition, and Rule 510.6(a) lists its contents.
The court decides only who has the right to actual possession, not title. Counterclaims and claims against third parties cannot be joined in the eviction case, though section 24.004(c) and Rule 510.6(f) say such claims can be brought in a separate suit. Under Rule 510.1(a), a landlord may join a claim for unpaid rent of up to $20,000, a cap that leaves out statutory interest and court costs but counts attorney fees, if any.
Collin County repeats the venue rule on its civil suits page, telling filers that every eviction goes to the precinct of the property. Tarrant, Dallas, Denton and Collin counties each publish a precinct finder rather than a city list, and the North Texas city pages cover the courts for Fort Worth, Arlington, Dallas, Denton and Plano. Filing fees vary by county and court:
| Court | Eviction fee as published |
|---|---|
| Tarrant County justice courts (2024 schedule) | Eviction Suit "$54", filing only, constable service fees not included |
| Dallas County JP 3-1 (effective January 1, 2026) | "EVICTIONS** $134.00", with an $80.00 service fee for each additional defendant |
| Denton County JP Precinct 4 (effective 1/01/2026) | "Filing Fee - Eviction $54.00" and "Denton County Citation Service Fee $80.00" |
Service, the citation and the answer
Under section 24.0051(f), a sheriff or constable must make a diligent effort to serve the citation and petition no later than the fifth business day after filing. After that, the landlord may use another trained law enforcement officer.
Rule 510.11(a) says a tenant may, but is not required to, file a written answer on or before the trial day. A general denial is enough to count as an answer and does not bar any defense at trial.
In a forcible entry and detainer suit, the landlord may attach a sworn motion for summary disposition. Under section 24.005106 and Rule 510.10(a), the tenant may file a response with supporting facts within four days after service. If the court finds no genuinely disputed facts, it may enter judgment without a trial.
Hearing timing
Section 24.0051(g) requires the court to hold the trial "not earlier than the 10th day or later than the 21st day after the date the petition is filed," and not earlier than the fourth day after the tenant is served. The court may not postpone the trial more than seven days unless both parties agree in writing.
If a tenant neither answers nor appears and proof of service has been filed under Rule 510.8, Rule 510.16(a) says the petition's allegations are taken as admitted and a default judgment is rendered.
Section 92.335 makes retaliation by the landlord a defense in an eviction suit, and a rent deduction lawfully made under chapter 92 a defense to nonpayment to the extent that chapter allows. The repair rights guide explains both.
The appeal window
No motion for new trial may be filed in an eviction case (Rule 510.18(i)). The route is an appeal to county court. Under section 24.005107(a) and Rule 510.19(a), the appeal must reach the justice court "within 5 days after the judgment is signed," in one of three forms: an appeal bond, cash in place of a bond, or the Statement of Inability form. A tenant who appeals must affirm, under penalty of perjury, a good faith belief in a meritorious defense and that the appeal is not for delay.
In a residential case, the judgment states the rent to be paid during an appeal. Section 24.0053(a-2) requires the tenant to pay one rental period's rent into the justice court registry within five days after filing the appeal, then each period's rent as it comes due. If there is no rental agreement, the court-set amount is the greater of $250 or the fair market rent, if determined by the court. Under section 24.0054(a), if the tenant does not pay and the court gave the required written notice, the court on request issues a writ of possession without a hearing. Section 24.0054(a-2) says the justice court then forwards the transcript and papers to the county court for trial de novo on remaining issues such as rent or attorney's fees, even though the writ has been issued or executed. The county court must hold its trial no later than the 21st day after it receives the transcript and papers (section 24.005107(c)).
The writ of possession
The two texts word the earliest date differently. Section 24.0061(b) says a writ may not issue "before the sixth day after the date on which the judgment for possession is rendered" unless a possession bond was filed and approved. Rule 510.18(g)(1) says no writ may issue before the 6th day after the judgment is signed "or the day following the deadline for the defendant to appeal the judgment, whichever is later." The rule also says a writ may not issue more than 60 days after judgment (90 for good cause) and may not be executed after the 90th day. A writ does not issue if an appeal is perfected and any required rent is paid into the registry.
A sheriff or constable must serve the writ within five business days after it issues (section 24.0061(b-1)). Before executing it, the officer posts a written warning at least 8-1/2 by 11 inches on the front door, and the writ may not be executed sooner than 24 hours after posting. Removed belongings may not be placed outside while it is raining, sleeting or snowing (section 24.0061(d)).
Related guides
The security deposit guide covers the refund deadline and itemized deductions after a tenant leaves, and the repairs guide covers the landlord's repair duty and retaliation. The rights hub lists every tenant, consumer and worker topic, and the full guide library holds the rest of the site's guides to courts and settlements in the region.