📅 2026 Update: Changes in the Eviction Process

Since the original article on the eviction process was published, several important changes have occurred. Notably, federal eviction protections that were part of the CARES Act have expired. This means that certain tenants no longer have the same protections against eviction that were previously in place.

The earlier article continues further down this page, offering more detailed information on the eviction process.

📜 Federal Eviction Protections Ended

The federal eviction protections that required landlords to provide a 30-day notice before starting eviction proceedings have now expired as of October 2026. This change is significant for tenants in properties participating in federal programs, as they have lost the extra time to prepare for potential eviction.

💵 Updated Costs in Texas

As of October 2026, the cost to file an eviction suit in Texas is $154.00. Additionally, the fee for a Writ of Possession is $205.00. If the eviction execution takes more than two hours, landlords will pay $75.00 per deputy per hour for removal of the tenant's belongings.

These fees reflect the current financial landscape for landlords initiating evictions.

⏳ Eviction Hearing Timeline

In Texas, the timeline for eviction hearings has remained consistent. After a landlord files an eviction suit, the hearing is generally scheduled between 10 to 21 days later. This timeline provides landlords and tenants with a clear understanding of when the legal process will advance.

📃 Steps in the Eviction Process

The eviction process in Texas continues to follow a structured approach. It starts with a 3-day or 30-day notice to vacate, depending on the situation. After this period, landlords can file an eviction suit, attend a hearing, and, if successful, request a Writ of Possession.

This process has not changed significantly since the original article was published.

📌 Key Points Summary

  • 🔹 Federal eviction protections have expired.
  • 🔹 Filing an eviction suit in Texas costs $154.00.
  • 🔹 Writ of Possession filing fee is $205.00.
  • 🔹 Eviction hearings are scheduled in 10 to 21 days.
  • 🔹 The eviction process involves several structured steps.

💡 Tips for Navigating the Eviction Process

Review the details of your situation with your attorney. Understanding the eviction process can help tenants and landlords make informed decisions.

📅 Understand Notice Requirements

Landlords in Texas must provide a 3-day or 30-day written notice to vacate before starting legal action. Knowing which notice applies is crucial for both parties in the eviction process.

⚖️ Know the Costs Involved

Filing an eviction suit incurs a fee of $154.00 in Texas. Additionally, landlords need to consider the costs of obtaining a Writ of Possession and any fees for constable services, especially if the move-out takes longer than expected.

⏰ Prepare for the Hearing

After filing, a hearing will typically take place 10 to 21 days later. Being prepared with required documentation and evidence can significantly impact the outcome of the hearing.

📄 Follow the Legal Steps

The eviction process requires several key steps: providing notice, filing a suit, attending a hearing, and possibly obtaining a Writ of Possession. Each step is crucial, and skipping any can lead to delays or complications.

🆘 Seek Free Resources

Organizations like the Texas State Law Library offer valuable information on the eviction process. Utilizing these resources can help both landlords and tenants understand their rights and responsibilities.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service in this area met the review threshold, so this section lists free government and nonprofit resources that can assist with eviction-related issues.

🥇 1. Texas State Law Library

The Texas State Law Library provides a comprehensive guide on the eviction process. It includes timelines and procedures that are essential for both landlords and tenants. This resource is designed to help individuals navigate the legal system effectively.

🥈 2. Massachusetts Court System

The Massachusetts Court System offers information on starting the eviction process. It covers essential steps for ending a tenancy and initiating eviction proceedings. This resource aims to educate tenants and landlords about their rights in Massachusetts.

🥉 3. Local Legal Aid Organizations

Many local legal aid organizations offer support for those facing eviction. They provide resources, information, and sometimes legal assistance to help individuals understand their options. These organizations can be a vital resource for low-income tenants.

4️⃣ Housing Advocacy Groups

Various housing advocacy groups offer information and resources on tenant rights. They can assist tenants in understanding the eviction process and what protections may be available. These groups help ensure that tenants are informed and empowered.

🔎 What to Check Before Paying for Help

  • 🔍 Verify the credentials of anyone offering assistance.
  • 🔍 Look for reviews and testimonials from previous clients.
  • 🔍 Ensure that the organization is non-profit or government-funded.
  • 🔍 Confirm that they provide clear, transparent pricing structures.

❓ Frequently Asked Questions

❓ What should I do if I receive an eviction notice?

Receiving an eviction notice means you should review it carefully. Understand the type of notice and the timeframe you have to respond.

🏠 Can I contest an eviction in court?

Yes, tenants can contest an eviction in court. Attending the scheduled hearing and presenting evidence is key to making your case.

🔍 What happens if I don’t leave by the date on the eviction notice?

If you do not vacate by the specified date, the landlord can file an eviction suit. This may lead to a court order for your removal.

📅 How long does the eviction process take?

The eviction process can take several weeks. In Texas, a hearing is typically scheduled 10 to 21 days after filing the suit.

🛑 What if I believe my eviction is illegal?

If you suspect your eviction is illegal, you may have grounds to contest it. Gather evidence and attend your court hearing to present your case.

⚖️ Are there protections for tenants facing eviction?

While some protections exist, such as local ordinances, federal protections have expired. It's important to check local laws for any current tenant protections.

⚖️ Recent Court Cases Related to Eviction

Recent court rulings have continued to shape the landscape of eviction processes. These cases address various aspects of tenant rights and landlord responsibilities, impacting how evictions are handled across the country.

You can browse more recent rulings in the news section: more rulings on the news page.

End of October 2026 Update






 



Your Guide to the Eviction Process



 

Eviction Process


Being evicted can be confusing and difficult to understand.  The legal processes involved in eviction are complicated and can vary from state to state.  You can find information on the eviction process in your state specifically by clicking [here].  If you want basic information on eviction that applies to most or all states, this guide can help you understand the basics of the eviction process and each step within that process.



 



Types of Eviction



 



The first time that you may hear the word “eviction” from your landlord is when being given a notice of eviction.  Read the notice carefully, because the eviction process can be different depending on the reason for the eviction and whether the landlord will allow you to fix the situation.



 



If you are being evicted due to a lack of payment of rent, paying your late rent plus a late fee may be all you need to make the eviction stop.  If you have violated one of the terms of your lease (for instance, by keeping pets that were not allowed on the property, smoking in a non-smoking home, et cetera), your landlord is likely to give you a certain number of days to remedy the violation before continuing with the eviction process.



 



If your landlord does not give you any way to remedy the situation, or if you know that you cannot remedy the situation in the time period given, the eviction process will move on to its next step.  The notice your landlord gives you will detail how long your tenancy can continue until papers are filed in court against you.



 



Court Filings and Hearings



 



Papers pertaining to your eviction will be filed with the court in your county if the eviction process continues.  A court which handles landlord/tenant disputes will set a date for a hearing that can move the eviction process forward.  The amount of time it will take between the filing and hearing depends on where you live.  In some locations, you may have only a few days or weeks before a court hearing, but in areas with a large backlog of cases, it may be months until the landlord can have the hearing scheduled to continue the eviction process.



 



You will be sent a notice by the court when the hearing date is set, and if you wish to contest the eviction, you must be present for the hearing.  Your landlord will be present for the eviction hearing, and the judge will rule as to how to move the eviction process forward from there.  



 



If you have a defense to present, the judge can decide in your favor or force your landlord to take additional action before evicting you.  A landlord/tenant lawyer can help assist you if you wish to contest your eviction at this stage, which is the last stage in the eviction process where you can still sometimes avoid being removed from your home.



 



Writs of Possession and Lock-Out Dates



 



If the judge rules in your landlord's favor, the next step in the eviction process is for you to receive a Writ of Possession.  This document tells you when you must move out of your home or be forcibly removed.  You will be given this paper by your local sheriff.  If you do not leave your home by the time specified in the writ, you will be subject to forcible removal by the sheriff's department.  In order to avoid forcible removal, it is best to remove your personal property and yourself from your rental unit before the date on the writ of possession.