United States · Texas eviction cases

What notice is required before immediate possession under a Texas eviction bond?

The court must notify the defendant of the plaintiff’s approved possession bond using citation service. Immediate writ issuance and execution require notice served at least seven days prior, a possession judgment and the other Rule 510.9(c) conditions. A bond or seven-day interval alone does not permit possession. A perfected appeal with required registry rent prevents issuance.

5.0Rated by lawyers in California, London and Singapore“The platform is really easy to use.” — Michael B., California“The Evidence Record saved us time with our insurance on bankruptcy matters.” — Maria, London, UK“The most up-to-date service we could find.” — Li Chen, Singapore

Read why no date is calculated

Period: At least seven days of prior bond-notice service plus the other immediate-possession conditions
Trigger: Actual approved bond, valid bond-notice service and possession judgment
Rule: Texas Rule 510.9

Texas Rules of Civil Procedure

Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions

Source guide · No automated date

Check the actual eviction procedure

The seven-day interval is one prerequisite, not a standalone writ date or unconditional permission to take possession.

Texas Rule 510.9

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 approved bond, valid bond-notice service and possession judgment

Obtain the judge-approved possession bond and its actual filing.

Preserve citation-method service of the bond notice on this defendant.

Establish judgment, demand, fees, required judgment service and appeal status.

Texas Rule 510.9

How are days counted in an eviction case?

At least seven days of prior bond-notice service plus the other immediate-possession conditions
Minimum interval before issuance and execution, assessed with actual service and judgment
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–.5

How do the conditions change the procedure?

Fictitious facts. Bond notice was served sufficiently early, but no possession judgment exists. The minimum notice alone permits neither issuance nor execution.

The seven-day interval is one prerequisite, not a standalone writ date or unconditional permission to take possession.

What conditions must be checked?

Bond and judgment: Rule 510.9(a) permits the plaintiff’s bond at filing or before final judgment, in the judge-approved probable costs and damages amount with the stated payment condition. Paragraph (c) requires an approved filed bond, prior notice, possession judgment, demand and any required fees.
Absent defendant and appeal: If the defendant fails to appear, paragraph (c)(4) requires plaintiff judgment service under Rule 510.16(b). Paragraph (d) prohibits issuance when appeal is perfected and required rent is paid.
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.

Texas Rule 510.9

Bond-notice service is a minimum in a conditional immediate-possession procedure. It differs from the ordinary signed-judgment writ floor.
The seven-day interval is one prerequisite, not a standalone writ date or unconditional permission to take possession.

What must be filed, served and preserved?

Obtain the judge-approved possession bond and its actual filing.
Preserve citation-method service of the bond notice on this defendant.
Establish judgment, demand, fees, required judgment service and appeal status.
Rule 510.9(a) permits the plaintiff’s bond at filing or before final judgment, in the judge-approved probable costs and damages amount with the stated payment condition. Paragraph (c) requires an approved filed bond, prior notice, possession judgment, demand and any required fees.
If the defendant fails to appear, paragraph (c)(4) requires plaintiff judgment service under Rule 510.16(b). Paragraph (d) prohibits issuance when appeal is perfected and required rent is paid.
Rule 510.5 generally requires a written, signed document actually filed with the court, except oral motions when all parties are present. Personal delivery, commercial delivery, mail and electronic filing if allowed are specified methods. Electronic filing follows Rule 21 and its ordinary court-time-zone before-midnight boundary. Check actual permitted methods and hours. Rule 510.4(b) warns that the court may act if a mailed filing is not received by its due date. Do not import the ordinary justice-court ten-day mailbox procedure.
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.
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.

Common questions about this eviction procedure