Important: Homzora is a housing research publisher, not a law firm, and nothing on this page is legal advice. This article is general information about the law as published by government and court sources at the time of writing, and it may not reflect later changes or the facts of your situation. Reading it does not create an attorney and client relationship. For advice about your situation, contact a licensed attorney or a legal aid organization in your state.
In the city of Austin, about 257,900 of 456,100 occupied homes, or 56.6 percent, are rented, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora Austin dataset, Table B25003). The median gross rent is $1,729 a month (Homzora Austin dataset, Table B25064). For the many renters here, knowing how an eviction works under Texas law can make the difference between losing a home on a missed deadline and keeping it.
This guide walks through each stage of a residential eviction in Austin: the notice, the court case, chances to pay and stay, appeals, and removal. It also explains why a landlord cannot lock you out on its own, and where to get free help. Deadlines in eviction cases are short, so if you have received a notice or court papers, contact a lawyer or legal aid office now.
Quick answers
- Notice: at least 3 days’ written notice to vacate unless a written lease sets a different period (Tex. Prop. Code § 24.005).
- Trial: set 10 to 21 days after the landlord files (Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510)).
- Appeal: 5 days after the judgment is signed (Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510)).
- Writ of possession: not before the 6th day after judgment in most cases (Tex. Prop. Code § 24.0061).
The eviction timeline in Austin
| Stage | Timing | Source |
|---|---|---|
| Notice to vacate, or notice to pay rent or vacate | At least 3 days unless the lease says otherwise | Tex. Prop. Code § 24.005 |
| Landlord files in justice court | After the notice period ends | Texas State Law Library, Eviction Process |
| Trial | 10 to 21 days after filing, and at least 4 days after service | Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510) |
| Deadline to appeal | 5 days after judgment | Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510) |
| Writ of possession | Not before the 6th day after judgment | Tex. Prop. Code § 24.0061 |
| Removal | At least 24 hours after a warning is posted on the door | Tex. Prop. Code § 24.0061 |
These are minimum periods in the law. Court schedules, continuances, and appeals often make the real process longer, and a case can move faster if a tenant misses a deadline.
The notice
A Texas landlord must give at least 3 days’ written notice to vacate before filing an eviction, unless a written lease sets a different period (Tex. Prop. Code § 24.005). Under changes that took effect on January 1, 2026, a tenant who was not late with rent before the month of the notice must receive a notice to pay rent or vacate, which gives a chance to pay before a case is filed; a tenant who was late before can receive either that notice or a plain notice to vacate (Tex. Prop. Code § 24.005).
The notice can be delivered by mail, left inside the home in a conspicuous place, handed to any tenant who is 16 or older, or emailed if both sides agreed in writing. If you actually receive the notice, the delivery method no longer matters (Tex. Prop. Code § 24.005). Dallas County’s justice courts note that posting on the outside of the door is no longer a listed method, and that the day of notice counts as day zero (Dallas County Justice of the Peace Courts, Eviction Rule Change Summary (2026)). A month to month tenancy ends on the later of the date stated in the notice or one month after the notice is given, unless a signed agreement says otherwise (Tex. Prop. Code § 91.001).
The court case
Evictions are filed in the justice of the peace court for the precinct where the home is located (Texas State Law Library, Eviction Process). The Supreme Court of Texas rewrote Rule 510 as the procedure for eviction cases filed on or after January 1, 2026 (Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510); Supreme Court of Texas, Misc. Docket No. 25-9105 (amended Rule 510)). Those orders were issued as preliminary approvals with a public comment period, so confirm the current rule with the court or a lawyer.
- The sheriff or constable must make a diligent effort to serve the papers within 5 business days of filing (Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510)).
- Trial is set 10 to 21 days after filing, and it cannot be held until 4 days after you are served (Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510)).
- A written answer is optional and may be filed on or before the trial day, but you must still appear or risk a default judgment (Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510)). TexasLawHelp.org recommends filing one (TexasLawHelp.org, Evictions).
- A request for a jury is due by the later of 3 days before trial or 3 days after service (Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510)).
Appeals
Either side can appeal within 5 days after the judgment is signed (Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510)). Under the new rule, a tenant who appeals must pay one rental period into the court registry within 5 days of the appeal and then keep paying rent as it comes due; if a payment is missed, a writ can issue without a hearing (Dallas County Justice of the Peace Courts, Eviction Rule Change Summary (2026)). The appeal is heard in county court (Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510)).
Removal
In most cases the writ of possession cannot issue before the 6th day after judgment. The sheriff or constable must post a warning on the front door at least 24 hours before executing the writ, and belongings may not be placed outside while it is raining, sleeting, or snowing (Tex. Prop. Code § 24.0061).
Lockouts and utility shutoffs
A Texas landlord may change the locks for unpaid rent only if the lease allows it and advance notice is given, and must then provide a new key at any hour whether or not you pay. Removing doors, windows, or locks to force you out is prohibited, and a tenant can recover one month’s rent plus $1,000, actual damages, and attorney’s fees (Tex. Prop. Code § 92.0081). Interrupting utilities is also prohibited except for repairs, construction, or emergencies, with narrow rules for landlord billed electricity (Tex. Prop. Code § 92.008). A tenant who is locked out illegally can ask the justice court for a writ of reentry (Tex. Prop. Code § 92.009).
Paying to stop the case
Texas law gives no general right to stop an eviction by paying after the case is filed. The main built in chance to pay is the notice to pay rent or vacate before the case begins (Tex. Prop. Code § 24.005), so read every notice carefully and respond in writing before the deadline.
Local rules in Texas cities
Texas cities have limited room to add their own eviction rules. The Texas Regulatory Consistency Act, known as HB 2127, restricts local ordinances in areas the state regulates, and in July 2025 the Third Court of Appeals reversed a ruling against the law (Texas Tribune, ruling on HB 2127 (July 18, 2025)).
Austin local rules
The Texas Apartment Association has said HB 2127 preempts local eviction ordinances in Dallas and Austin (Texas Apartment Association, HB 2127 and local eviction ordinances), and the state appeals court ruling in July 2025 left the law in force (Texas Tribune, ruling on HB 2127 (July 18, 2025)). Follow the state rules above and confirm any local requirement with the justice court.
Free help in Austin
TexasLawHelp.org, run by Texas Legal Services Center, publishes free eviction guides and forms (TexasLawHelp.org, Evictions). For rental assistance, call 211 (211.org).
Fair housing
The federal Fair Housing Act prohibits discrimination in rental terms because of race, color, religion, sex, familial status, national origin, or disability (42 U.S.C. § 3604). HUD accepts complaints (HUD, File a Complaint).
Frequently asked questions
How long does an eviction take in Texas?
The minimum periods are short: a 3 day notice in most cases, a trial 10 to 21 days after filing, and a writ no sooner than the 6th day after judgment (Tex. Prop. Code § 24.005; Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510); Tex. Prop. Code § 24.0061). Together they add up to roughly three weeks or more.
Can my landlord change the locks?
Only for unpaid rent, only if the lease allows it, and only with advance notice, and a new key must be provided on request (Tex. Prop. Code § 92.0081).
Do I have to file an answer?
It is optional in justice court, but you must appear at trial (Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510)).
Legal notice
Homzora is not a law firm and does not provide legal advice. Laws, court rules, and local programs change, and how they apply depends on your facts. Before you act on anything in this article, confirm the current rules with the court, a licensed attorney, or a legal aid organization.
Sources
- Homzora Austin dataset, Table B25003
- Homzora Austin dataset, Table B25064
- Tex. Prop. Code § 24.005
- Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510)
- Tex. Prop. Code § 24.0061
- Texas State Law Library, Eviction Process
- Dallas County Justice of the Peace Courts, Eviction Rule Change Summary (2026)
- Tex. Prop. Code § 91.001
- Supreme Court of Texas, Misc. Docket No. 25-9105 (amended Rule 510)
- TexasLawHelp.org, Evictions
- Tex. Prop. Code § 92.0081
- Tex. Prop. Code § 92.008
- Tex. Prop. Code § 92.009
- Texas Tribune, ruling on HB 2127 (July 18, 2025)
- Texas Apartment Association, HB 2127 and local eviction ordinances
- 211.org
- 42 U.S.C. § 3604
- HUD, File a Complaint