United States · Texas eviction cases
What is the outer limit for Texas eviction writ issuance?
A writ of possession ordinarily may not issue more than sixty days after the possession judgment is signed. For good cause, the court may extend issuance to ninety days after signing. Preserve the actual extension rather than assuming it exists. The earliest-issuance conditions, proper demand, fees and appeal restrictions also apply.
- Period
- Ordinary sixty-day outer issuance limit; court may extend to ninety days for good cause
- Trigger
- Actual signing of the judgment for possession and any actual court extension
- Rule
- Texas Rule 510.18(g)
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
Source guide · No automated date
Check the actual eviction procedure
The preset requires review of the outer-limit treatment and actual extension rather than publishing an unconditional issuance date.
Texas Rule 510.18(g)What lawyers say
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Which event starts this eviction procedure?
Actual signing of the judgment for possession and any actual court extension
Obtain the signed possession judgment and actual issuance record.
Check proper timely demand, required fees and the earliest permissible issue boundary.
Read any good-cause extension and current appeal and rent status.
Texas Rule 510.18(g)How are days counted in an eviction case?
- Ordinary sixty-day outer issuance limit; court may extend to ninety days for good cause
- Forward outer limit from signing, with actual order and issuance required
- 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. The plaintiff demands issuance after the ordinary window, but cannot produce a good-cause extension. Assuming ninety days from every judgment obscures the required court decision.
The preset requires review of the outer-limit treatment and actual extension rather than publishing an unconditional issuance date.
What conditions must be checked?
- Actual extension
- The rule permits extension to ninety days for good cause. It does not automatically give every plaintiff ninety days or restart the period from the extension order.
- Issuance versus execution
- Paragraph (g)(2) separately bars execution after the ninetieth day from signing. A later issue within an authorized extended window does not supply a new ninety-day execution period.
- 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 ordinary issuance maximum, authorized extension and execution maximum require distinct records and acts.
- The preset requires review of the outer-limit treatment and actual extension rather than publishing an unconditional issuance date.
What must be filed, served and preserved?
Common questions about this eviction procedure
What is the outer limit for Texas eviction writ issuance?
Is the ordinary limit ninety days?
No. Sixty days is ordinary; the ninety-day issuance limit requires the court’s good-cause extension.
Texas Rule 510.18(g)(1)Does an extension start a new ninety-day clock?
No. The extension remains anchored to signing of the possession judgment.
Texas Rule 510.18(g)(1)Does timely issuance establish timely execution?
No. Paragraph (g)(2) supplies the separate execution outer limit.
Texas Rule 510.18(g)(2)Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| Texas Rule 510.18(g) | The actual actor, event and required acts |
| Texas Rule 510.18(g)(1) | Actual extension |
| Texas Rule 510.18(g)(1)–(3) | Issuance versus execution |
| 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 |