Can a Landlord Evict You During the Holidays in Texas? What Renters Should Know in 2026
Money gets tight between Thanksgiving and New Year’s, and a notice taped to the door can feel even heavier next to the holiday cards. If you are asking whether a landlord can evict you during the holidays in Texas, the short answer is yes, but only through the court process. This guide covers what Texas law says, how the 2026 eviction timeline works, how court holidays and winter weather shift dates, and what Houston renters can do right away.
Quick Answer
Yes. Texas has no holiday eviction ban or moratorium, so a landlord can evict you during the holidays in Texas by following the normal court process. The landlord must give written notice, file in justice court, win a judgment, and wait for a writ of possession, which cannot issue before the sixth day after judgment. Holidays can push deadlines and court dates, but they do not stop the case. Read every notice, go to your hearing, and ask about a payment plan early.
Can a landlord evict you during the holidays in Texas? What the law says
Texas law does not pause evictions for Thanksgiving, Christmas, or New Year’s. Under Senate Bill 38, the 2025 eviction reform law, only the Texas Legislature may modify or suspend the eviction procedures in Property Code Chapter 24, with a narrow exception for certain disaster orders. The new procedures apply to eviction suits filed on or after January 1, 2026.
Keep four layers of rules separate:
- Texas law sets the notice, filing, trial, appeal, and writ steps, with no holiday blackout.
- Local court practice matters because justice courts close on county holidays, which can move hearing dates.
- Your lease may set a different notice period, a grace period, or late fees.
- Your landlord may choose to pause filings or offer a payment plan in December, but that is a choice, not a legal requirement.
The Texas eviction timeline in 2026, step by step
A Texas eviction usually takes several weeks from the first notice to removal. The Texas State Law Library’s eviction process guide outlines these steps under the 2026 rules.
| Step | Typical timing | Holiday effect |
|---|---|---|
| Notice to vacate | At least 3 days, unless the lease says otherwise | Last day can shift |
| Eviction suit filed | After the notice period ends | Court must be open |
| Hearing | 10 to 21 days after filing | Closures can move it |
| Appeal window | 5 days after judgment | Day 5 can shift |
| Writ of possession | Not before day 6 after judgment | Can shift with appeal deadline |
| Removal | At least 24 hours after a posted warning | Officer scheduling varies |
Renters who are behind on rent should know three more details:
- Notice to pay rent or vacate. In many nonpayment cases, the 2026 law requires the notice to give you the choice to pay the rent owed or move out, depending on your recent payment history.
- Appeal and rent. You have 5 days after the judgment to appeal to county court. In a nonpayment case, staying in the home during the appeal generally requires paying rent into the court registry within 5 days of appealing and each rental period after.
- Federal notice. The CARES Act requires a 30-day notice for properties in certain federal programs or with a federally backed mortgage. Texas law now says a writ cannot be served until that federal notice period has passed.
How holidays and winter weather can change eviction timing
Holidays can extend deadlines, but they do not erase them. SB 38 added a timing rule (Property Code §24.0042): eviction deadlines count weekends and state or federal holidays, but a deadline that ends on a weekend or holiday moves to the next day that is neither.
For example, if a judgment is signed on Monday, December 21, 2026, the fifth day falls on Saturday, December 26. The appeal deadline moves to the next day that is not a weekend or holiday. Because a writ generally cannot issue before the day after the appeal deadline, the holiday weekend can push the writ back too.
Harris County Justice Courts close on county holidays and can close for severe weather. On January 26, 2026, every Harris County Justice Court closed for a winter storm, and that day’s cases were rescheduled. If your hearing lands near a holiday, call the court to confirm the setting.
Cold weather does not stop a writ, but one weather rule applies. Under Texas Property Code §24.0061, the officer must post a warning at least 24 hours before executing the writ, and removed belongings may not be placed outside while it is raining, sleeting, or snowing, unless the city provides a closed container. Texas law sets no general holiday blackout for executing writs, so ask the constable’s office about scheduling.
If a storm damages your unit instead, see Texas renters’ rights after a natural disaster.
What a Texas landlord cannot do at any time of year
Only a court-ordered writ, carried out by a sheriff, constable, or other authorized officer, can remove a tenant. These protections apply year-round:
- Lockouts have strict limits. The State Law Library’s guide to lockouts explains that a lock change for late rent is allowed only under specific conditions, including lease language, advance written notice, and a number you can call at any time for a new key. A permanent lockout is not allowed.
- Utility shutoffs are not a collection tool. Property Code §92.008 bars a landlord from interrupting tenant-paid utility service for unpaid rent, except for bona fide repairs, construction, or emergencies. A storm outage is a different issue, covered in our guide to apartment power outage rights in Texas.
- Retaliation is restricted. Property Code §92.331 limits evictions for six months after a good-faith repair request or complaint, but §92.332 keeps unpaid rent as a valid ground.
Got a notice in November or December? Steps to take now
Act the day a notice arrives, because the deadlines keep running through the holidays. A landlord can still evict you during the holidays in Texas, but these steps protect your options:
- Read the notice closely. Note the date, the amount owed, and whether it is a notice to vacate or a notice to pay rent or vacate.
- Never skip the hearing. If you do not show up, the court can enter a default judgment for the landlord.
- Ask for a payment plan in writing. Keep copies of every message and receipt.
- Look for rental help. Dial 2-1-1 to ask about eviction prevention assistance. Our guide to late rent fee help covers negotiating and finding assistance.
- Get free legal advice. TexasLawHelp.org has free eviction guides, and the Harris County Eviction Defense Program lists Lone Star Legal Aid as its provider for eligible residents with household income at or below 200% of the federal poverty guideline.
- Track the 5-day appeal window if you lose, even over a holiday weekend.
If a roommate’s missing share caused the shortfall, read what happens if a roommate stops paying rent in Texas.
For Hexa residents, the Hexa resident FAQs explain that late fees apply uniformly, but Hexa encourages early communication. The delinquency team, at (281) 668-8080, can discuss setting up a payment plan, and following an agreed plan can help prevent eviction proceedings.
Frequently asked questions about holiday evictions in Texas
Is there an eviction moratorium in Texas for the 2026 holidays?
No. Texas has no statewide eviction moratorium for the 2026 holiday season. Under SB 38, only the Texas Legislature may modify or suspend Chapter 24 eviction procedures, with a narrow exception for certain disaster orders. Individual landlords may choose to pause filings, but the law does not require it.
Can I be removed from my home on Christmas Day?
Texas law does not set a general holiday blackout for executing a writ of possession. In practice, removal depends on when the court is open, when the writ issues, and when the officer schedules it. The officer must post a warning at least 24 hours before removal, so ask the constable’s office about timing.
How long does an eviction take in Texas?
A Texas eviction usually takes a few weeks. Notice is at least three days unless the lease says otherwise, and the hearing is set 10 to 21 days after filing. A writ cannot issue before the sixth day after judgment. Appeals, holidays, and court closures can extend that timeline.
Can a landlord evict you during the holidays in Texas for one late payment?
Yes, unpaid rent is a valid ground for eviction at any time of year. However, if you were not behind before the month of the notice, the 2026 law generally requires a notice to pay rent or vacate, which gives you a chance to pay. Check your lease for a grace period and contact the landlord quickly.
Your next step if an eviction notice arrives this holiday season
The holidays do not pause the process, so a landlord can evict you during the holidays in Texas, but only through notice, a court hearing, and a writ. Your best protection is speed. Read the notice, mark every date, attend the hearing, and ask for a payment plan in writing before the case moves forward.
If you rent with Hexa Property Management and expect to fall behind, contact the Hexa team before rent is due. An early conversation gives you more options heading into the new year.
