United States · Texas eviction cases
What is the earliest ordinary Texas eviction writ issuance?
Except for Rule 510.9, a writ may not issue before the sixth day after the possession judgment is signed or the day following the defendant’s appeal deadline, whichever is later. A proper demand, fees and actual appeal status also matter. This is a minimum, not an automatic writ date or permission to execute it.
- Period
- Later of the sixth day after signing and the day following the appeal deadline, subject to the bond exception
- Trigger
- Actual possession judgment signing and the separately established appeal deadline
- Rule
- Texas Rule 510.18(g)(1), (3), 510.9
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
Source guide · No automated date
Check the actual eviction procedure
The existing single period does not resolve the full minimum, appeal or possession-bond conditions.
Texas Rule 510.18(g)(1), (3), 510.9What lawyers say
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Which event starts this eviction procedure?
Actual possession judgment signing and the separately established appeal deadline
Obtain the actual signed possession judgment.
Establish the defendant’s actual appeal deadline under the applicable edition and counting rule.
Check bond exception, perfected appeal, required rent, proper demand and fees.
Texas Rule 510.18(g)(1), (3), 510.9How are days counted in an eviction case?
- Later of the sixth day after signing and the day following the appeal deadline, subject to the bond exception
- Compare two actual minimum boundaries before ordinary issuance
- Identify actual court closure and the required act before applying a period.
Rule 510.4 excludes the event day and counts every intermediate day, including weekends and state or federal holidays. A final weekend or state or federal holiday moves to the next eligible day. If the last filing day falls when the court is closed for all or part of that day, filing moves to the court’s next business day. Check actual closure separately. Express business-day periods and backward minimum notice require their own assessment. The general Rule 4 short-period exclusion does not apply.
Rule 510.5(c) separately requires service of noncitation papers on all other parties and a signed written certificate stating manner and date. Email uses an address expressly provided by the receiving party; after 5:00 p.m. recipient local time it is deemed served the following day. This text does not state the ordinary Rule 501.4 written-consent requirement. Mail-only service adds three days to a document-response period, not automatically to every signing or filing period. Party-requested court proceedings ordinarily require all-party notice at least three days before the proceeding. Citation and petition service instead follows Rule 510.8.
Texas Rule 510.4–.5How do the conditions change the procedure?
Fictitious facts. A closed final appeal day changes the actual appeal deadline. Issuance based only on signing plus six ignores the later comparison.
The existing single period does not resolve the full minimum, appeal or possession-bond conditions.
What conditions must be checked?
- Demand and costs
- Rule 510.18(g) requires plaintiff demand and any required fees and places issuance and execution costs on the plaintiff. A proper timely demand is a ministerial issuance act; a date alone is not demand or payment.
- Appeal and exception
- Paragraph (g)(3) prohibits issuance if appeal is perfected and applicable rent paid. Rule 510.9 has its own approved bond, seven-day notice, judgment and other prerequisites.
- Actual lawsuit edition
- The amended order, Misc. Docket No. 25-9105, paragraphs 4 and 6, makes the amendments effective January 1, 2026 and applies rewritten Rule 510 only to eviction lawsuits filed on or after that date. Earlier lawsuits use the earlier rules even when a hearing, judgment or appeal occurs later. The order is titled preliminary approval but expressly establishes effectiveness. Check later amendments and the actual lawsuit filing date. The October 1 consolidation date is not this transition date.
- Eviction has a standalone procedure
- Rule 510 governs the eviction lawsuit under Property Code Chapter 24. It does not govern pre-lawsuit notices to pay rent or vacate or notices to vacate. Rule 510.1(b) excludes other Civil and Evidence Rules unless specifically provided by law or these rules and prohibits a justice court from modifying or suspending Rule 510. The ordinary Rules 500–507 fairness and extension provisions are not an independent eviction extension power.
- The sixth-day floor cannot replace the later-of comparison or independent conditions. Issuance and execution are different acts.
- The existing single period does not resolve the full minimum, appeal or possession-bond conditions.
What must be filed, served and preserved?
Common questions about this eviction procedure
What is the earliest ordinary Texas eviction writ issuance?
Is the sixth day always the first possible issue day?
No. The later appeal-related boundary and Rule 510.9 exception must also be assessed.
Texas Rule 510.18(g)(1), 510.9Does the minimum order the clerk to issue without a request?
No. Demand and any required fees remain necessary under paragraph (g).
Texas Rule 510.18(g)Can a perfected appeal prevent a writ?
Yes. Paragraph (g)(3) prohibits issuance when appeal is perfected and applicable registry rent paid.
Texas Rule 510.18(g)(3)Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| Texas Rule 510.18(g)(1), (3), 510.9 | The actual actor, event and required acts |
| Texas Rule 510.18(g) | Demand and costs |
| Texas Rule 510.18(g)(3), 510.9 | Appeal and exception |
| Texas Rule 510.4 | Every-day counting, final holidays and court closure |
| Texas Rule 510.5 | Written filing, permitted methods and separate effective service |
| Misc. Docket No. 25-9105, paragraphs 4 and 6 | Effective date and lawsuit-filing transition |