United States · Texas eviction cases
What is the outer limit for executing a Texas eviction writ?
Rule 510.18(g)(2) prohibits execution of a writ of possession after the ninetieth day following signing of the possession judgment. The trigger is judgment signing, not writ issuance or replacement. Actual valid issuance, the authorized executing officer and appeal conditions still require checking. This guide does not calculate a closed-day execution boundary.
- Period
- Execution prohibited after the ninetieth day from judgment signing
- Trigger
- Actual signing of the possession judgment
- Rule
- Texas Rule 510.18(g)(2)–(5)
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
Source guide · No automated date
Check the actual eviction procedure
The outer execution boundary and actual writ conditions require review; this preset publishes no unconditional computed execution date.
Texas Rule 510.18(g)(2)–(5)What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
Which event starts this eviction procedure?
Actual signing of the possession judgment
Obtain the actual signed possession judgment and issued writ.
Preserve the execution record and executing officer’s authority.
Check perfection, registry rent and any replacement writ without resetting the signing event.
Texas Rule 510.18(g)(2)–(5)How are days counted in an eviction case?
- Execution prohibited after the ninetieth day from judgment signing
- Forward outer execution limit, distinct from an officer’s actual execution day
- 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 replacement writ issues late in the judgment-based period. It does not create another ninety days for execution.
The outer execution boundary and actual writ conditions require review; this preset publishes no unconditional computed execution date.
What conditions must be checked?
- Authority
- A sheriff or constable ordinarily executes the writ. Paragraph (g)(5) specifies the replacement procedure for another qualified law-enforcement officer after the original service condition.
- No restart
- The execution maximum remains tied to judgment signing even when issuance was extended for good cause or a replacement was issued. The actual writ’s validity and appeal restriction remain independent.
- 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.
- A signing-based execution maximum is not a filing deadline or ninety days after issue. An actual permitted execution still needs its own record.
- The outer execution boundary and actual writ conditions require review; this preset publishes no unconditional computed execution date.
What must be filed, served and preserved?
Common questions about this eviction procedure
What is the outer limit for executing a Texas eviction writ?
Do ninety days start when the writ issues?
No. Paragraph (g)(2) uses signing of the possession judgment.
Texas Rule 510.18(g)(2)Does a replacement reset the execution maximum?
The rule does not state a new signing-based period for a replacement writ.
Texas Rule 510.18(g)(2), (5)May any hired person execute the writ?
No. Paragraphs (g)(4)–(5) specify a sheriff, constable or qualified law-enforcement officer through the stated replacement procedure.
Texas Rule 510.18(g)(4)–(5)Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| Texas Rule 510.18(g)(2)–(5) | The actual actor, event and required acts |
| Texas Rule 510.18(g)(4)–(5) | Authority |
| Texas Rule 510.18(g)(1)–(3) | No restart |
| 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 |