Quick answer
In Texas, a landlord generally must give at least 3 days’ written notice to vacate (unless the lease sets a different period) before filing an eviction in justice court, and under the 2026 rules a tenant who was not previously late must get a notice to pay rent or vacate for nonpayment. Senate Bill 38 changed procedures for suits filed on or after January 1, 2026, including how notices must be delivered. You can stay in your home until a judge rules and a writ of possession is issued; only a constable or sheriff can remove you. Go to every hearing. For free help, call Texas RioGrande Legal Aid, Lone Star Legal Aid, or Legal Aid of NorthWest Texas, use TexasLawHelp.org, and dial 211 Texas for rent funds. Help is free.
Key facts
- SB 38: rewrote Texas Property Code Chapter 24 procedures for eviction suits filed on or after January 1, 2026.
- Notice: at least 3 days’ written notice to vacate unless the lease says otherwise; nonpayment cases for tenants not previously late require a notice to pay rent or vacate.
- Delivery: 2026 rules limit how notices can be delivered; posting on the outside of the door alone no longer counts, according to court training materials.
- Lockouts and utility shutoffs by a landlord to force you out are illegal in most cases; only a court writ allows removal.
- No real eviction help charges a fee.
Table of contents
How does a Texas eviction work in 2026?
| Step | What happens | What you should do |
|---|---|---|
| 1. Notice | Landlord delivers a written notice to vacate or to pay rent or vacate | Read the dates; call legal aid and 211 immediately |
| 2. Filing | Landlord files an eviction suit in justice court after the notice period | Watch for the citation and hearing date |
| 3. Hearing | Judge hears both sides and rules | Attend with documents and witnesses |
| 4. Appeal window | A short period to appeal to county court | Ask legal aid about appealing and paying rent into court |
| 5. Writ of possession | If the landlord wins and there is no appeal, the court can issue a writ | Only a constable or sheriff can carry it out |
The Texas State Law Library’s eviction process guide notes that until a writ of possession is issued, the tenant can remain in the home. Senate Bill 38 rewrote Chapter 24 procedures from notice through writ for petitions filed on or after January 1, 2026, and the Texas Supreme Court amended its eviction rules (Rule 510) to match, so check current rules or ask legal aid about deadlines in your case.
Notice your landlord must give
Under Texas Property Code Chapter 24, a landlord must give a tenant who defaults or holds over at least three days’ written notice to vacate before filing, unless a written lease sets a different period. Court training materials on the 2026 changes explain that for nonpayment, a landlord must use a notice to pay rent or vacate if the tenant was not late in an earlier month; if the tenant was late before, either form may be used. Notices must be delivered by an approved method, such as mail or a method agreed to in the lease, and time periods count weekends and holidays, with deadlines that fall on a weekend or holiday moving to the next business day. If you think the notice was not delivered correctly, tell the judge and legal aid.
What happens in justice court
- Go to the hearing. If you miss it, the landlord usually wins by default.
- Bring: your lease, rent receipts or bank records, the notice, photos of repair problems, texts or emails with the landlord, and any proof that rent help is on the way.
- Ask about agreements: many landlords will settle for a payment plan, especially if a charity or program is paying.
- Appeal: you can appeal a justice court judgment to county court within a short deadline; in nonpayment cases you may need to pay rent into the court registry to stay during the appeal. Ask legal aid right away.
What can my landlord not do?
- Lock you out without following the law: Texas allows lockouts only in limited circumstances with notice and a way to get a key; a lockout cannot be used to evict you without a court order.
- Cut off utilities they provide to force you out, except as the Property Code allows.
- Remove you or your belongings without a writ of possession executed by a constable or sheriff.
- Retaliate against you for requesting repairs or contacting a government agency, within the time limits set by the Property Code.
Watch out: nobody can “stop your eviction” for a fee. Legal aid, 211 Texas, and court self-help resources are free.
Where to get rent and eviction assistance in Texas
The statewide Texas Rent Relief program closed in 2021, and federal emergency rental assistance ended when the U.S. Treasury’s ERA2 period of performance closed September 30, 2025. Rent help now comes from city and county eviction-prevention programs (large cities such as Houston, Dallas, San Antonio, and Austin fund them in many years), charities such as Catholic Charities, the Salvation Army, and St. Vincent de Paul, HUD-funded homelessness prevention through coordinated entry, and families’ One-Time TANF crisis payments through Texas HHS. Dial 211 Texas and see our Texas rental assistance guide. SNAP and CEAP utility help can free up money for rent; estimate SNAP with our SNAP calculator.
Free legal help
| Organization | Area served |
|---|---|
| Texas RioGrande Legal Aid | Central, South, and West Texas |
| Lone Star Legal Aid | Houston and East and Gulf Coast Texas |
| Legal Aid of NorthWest Texas | Dallas–Fort Worth and North and West Texas |
| TexasLawHelp.org | Statewide self-help forms and guides |
| Local tenant councils and law school clinics | Many large cities |
Your step-by-step plan for this week
- Read the notice and write down every date.
- Call legal aid and dial 211 Texas the same day.
- Apply for rent help with every program 211 suggests, and tell your landlord in writing.
- Go to the hearing with your documents, even if you think you will lose.
- Plan ahead: if you may need to move, ask about rapid re-housing and deposit help; see our emergency moving assistance guide.
Help is free. Legal aid, TexasLawHelp.org, 211 Texas, and charities never charge.
For more specifics, see our guides on the Texas emergency rental assistance program and second chance apartments that accept evictions.
Related guides
- Texas hardship relief
- Churches that help with rent
- Catholic Charities rent assistance
- Programs that help pay rent
Frequently asked questions
How much notice does a Texas landlord have to give before an eviction?
At least 3 days’ written notice to vacate unless the lease sets a different period. For nonpayment, a tenant who was not previously late must receive a notice to pay rent or vacate under the 2026 rules.
What changed about Texas evictions in 2026?
Senate Bill 38 rewrote eviction procedures for cases filed on or after January 1, 2026, including notice delivery rules, and the Texas Supreme Court updated its eviction rules. Ask legal aid how the changes affect your case.
Can my landlord change the locks to evict me in Texas?
Not to evict you without a court order. Only a constable or sheriff carrying out a writ of possession can remove you from your home.
Is there rent assistance in Texas to stop an eviction?
Not statewide. City and county programs, charities, HUD-funded prevention, and One-Time TANF for families can help. Dial 211 Texas.
Where can I get free eviction legal help in Texas?
Texas RioGrande Legal Aid, Lone Star Legal Aid, Legal Aid of NorthWest Texas, and the self-help resources at TexasLawHelp.org.
Sources
Facts on this page were checked against these sources on October 25, 2026. If a source and this page ever disagree, follow the source.
This guide is general information, not legal advice. Eviction rules changed in 2026; talk to a legal aid office about your case. National Relief Program is an independent website, not a law firm or government agency.
Before you apply: program rules, amounts, and deadlines change. Always confirm details with the official agency or program administrator. Applying for government benefits is free.
National Relief Program is an independent guide, not a government agency. Spotted an error? Email support@nationalreliefprogram.org.
