On January 1, 2026, Texas changed the way eviction cases are handled. Senate Bill 38, passed by the Legislature in 2025, led the Texas Supreme Court to rewrite Rule 510 of the Texas Rules of Civil Procedure, the rule that governs eviction cases in justice court. The new rules apply to every eviction case filed on or after January 1, 2026.

As a former Fort Bend County Justice of the Peace, I presided over eviction cases, and I can tell you that small procedural details often decide them. Here is what landlords and tenants should know.

One Rule Now Governs Evictions

Rule 510 is now the only procedural rule for eviction cases. The general justice court rules no longer apply, and local courts can no longer add their own requirements, such as mandatory mediation or pretrial conferences, before a case can go to trial.

Notice Before Filing

• If a tenant has never been late on rent before, the landlord must give a notice to pay or vacate, which gives the tenant a chance to pay, instead of a notice to vacate.
• The notice may be mailed, handed to the tenant or anyone at the home who is 16 or older, or left in a conspicuous place at the premises. Electronic delivery is allowed if the parties agreed to it in writing.
• If a notice period ends on a weekend or holiday, it extends to the next business day.
• The eviction petition must state which kind of notice was given and whether the tenant had been late on rent before.

Faster Timelines

• The citation must be served at least 4 days before trial, down from 6.
• If the constable or sheriff does not serve the citation within 5 business days, the landlord may ask another trained law enforcement officer to serve it. The same 5-day rule applies to carrying out a writ of possession.
• A request for a jury or a change of venue must be made at least 3 days before trial or within 3 days after service, whichever is later.

A Quicker Path Against Squatters

When the person occupying the property has no legal right to be there, the owner may file a sworn motion asking the court to rule without a trial. The occupant has 4 days to file a response disputing the facts.

Tougher Rules on Appeal

• A tenant who appeals must swear that the appeal is not for delay and that the tenant has a meritorious defense.
• In residential cases, the tenant must pay rent into the court's registry to stay in the property while the appeal is pending.
• The county court must generally hold the new trial within 21 days of the appeal.

What This Means for You

Landlords: Review your lease, notice forms, and filing process. A notice that worked in 2025 may not satisfy the new rule, and a defective notice can cost you weeks.

Tenants: Deadlines are shorter, and courts have less flexibility. If you receive a notice or an eviction citation, act quickly.

Whether you are a landlord or a tenant, the Law Offices of M. Cody Moore can help you through the process in the Fort Bend County justice courts and the surrounding counties. Call (281) 241-7161 to schedule a consultation.

This post provides general information and is not legal advice. Reading it does not create an attorney-client relationship.