May 01, 2026

A law passed in the 89th Legislature changed eviction procedures in Texas as of January 1, 2026.

The new law amends and adds to Chapter 24 of the Texas Property Code, which sets out the legal requirements and prerequisites for eviction. The changes include clarifying how time is calculated, updating landlord requirements for notices to vacate, and allowing landlords to fast-track some eviction cases.

The law also required new rules clarifying the court procedures for eviction cases. In response, the Texas Supreme Court—the body responsible for overseeing court procedures— revised the Texas Rules of Civil Procedure governing how eviction cases are processed and handled in the courts.

Before the revisions, eviction cases were governed by Rules 500–507 and 510 of Part V of the Texas Rules of Civil Procedure. Now, Rule 510 is the sole procedural rule governing eviction cases, and Rules 500–507 no longer apply to evictions filed on or after January 1, 2026. A local court may not modify or suspend any part of Rule 510, ensuring uniform procedures govern all eviction cases.

Together, the revisions to the statutes and rules significantly change and streamline the eviction process.

How does this affect your business?

• When calculating time for an eviction, the time period doesn’t include the day of the event but does include Saturdays, Sundays, and holidays. If the last day of the period is a Saturday, Sunday, or state or federal holiday, the deadline is extended to the next day that is not a weekend or holiday.
• If the tenant has not previously been late or delinquent in paying rent and eviction is based solely on nonpayment of rent, you’re required to give them a notice to pay rent or vacate. This gives the tenant a chance to pay the rent and resolve the issue. Texas REALTORS® Notice to Pay Rent or Vacate form (TXR 2232) can be used for this purpose.
• You can now deliver the notice by email or electronic means if the parties have agreed in writing to electronic communication.
• A landlord can now file a sworn motion for summary disposition with the eviction petition in a forcible entry and detainer proceeding.
• A court can now enter a judgment without trial if there are no genuinely disputed facts. If there are genuinely disputed facts, the trial must be held within 10-21 days after the petition was filed. The court may not postpone the trial for more than seven days unless the parties agree to the postponement in writing.
• Electronic proceedings are now authorized if the parties agree to it.
• The sheriff or constable must serve a writ of possession no later than five business days after issued. If this does not occur, the landlord may have the writ served by another authorized law enforcement officer.