Cash for Keys in Texas vs. Eviction: What Dallas Investors Pay
A customer misses rent, stops answering texts, and you're suddenly choosing between filing an eviction and paying them to leave. Cash for keys in Texas work out out differently in 2026 than it did a year ago, due to Senate Bill 38 (SB 38) which rewrote eviction notices and put Justice of the Peace (JP) courts on faster clocks for suits filed on or after Jan. 1, 2026. Here's how the two paths compare using Dallas County numbers.
How much does an eviction cost in Dallas County now?
Here is a table of the eviction fees in Dallas County, effective Jan. 1, 2026:
Fee | Amount |
|---|---|
Filing and citation service, one defendant | $134 |
Service for each additional defendant | $80 |
| Writ of possession (if the tenant stays after judgment) | $405 |
The larger costs are lost rent and attorney or eviction agent fees. A non-attorney agent can represent you in a JP eviction case, but most investors still hire help, because a defective notice sends you back to the start.
How long does an eviction take under SB 38?
For an uncontested nonpayment case, each step now runs on a set clock:
Step 1 Notice: You must give written notice before filing, generally at least three days unless the lease sets a different period. If the customer hadn't been late before the month you give notice, it must be a notice to pay rent or vacate. If they'd been late before, you can use either a notice to pay rent or vacate or a notice to vacate.
Step 2 Service: The constable must make a diligent effort to serve the petition within five business days of filing. If that doesn't happen, you may use another trained officer.
Step 3 Trial: The court sets trial 10 to 21 days after filing and no sooner than the fourth day after service. A postponement longer than seven days requires both sides to agree in writing.
Step 4 Appeal Window: Either side has five days to appeal. A customer who appeals must swear to a good-faith defense and pay rent into the court registry within five days of filing the appeal.
Step 5 Writ: A writ of possession can't issue before the sixth day after judgment, and the constable must serve it within five business days.
Add those up and a smooth case can run roughly 3 to 5 ½ weeks from the notice to the Writ. An appeal adds time, though the county court must hold its trial within 21 days of receiving the case file.
Two cautions to be aware of. If your property carries a federal 30-day notice requirement, such as one tied to a federally backed mortgage, you can still file when the Texas notice period ends, but the writ can't be served until the federal period has run. And SB 38 counts weekends and holidays, except that a deadline landing on one moves to the next business day.
Cash for Keys vs. Eviction: 1 Dallas Investor's Numbers
A Dallas investor came to us after her customer missed two payments and stopped answering at the start of the third month. Her home leased for $2,450 a month. Rather than file out of frustration, she asked us to lay out both paths side by side:
Path | Out-of-pocket | Rent lost while you wait | Time to possession |
|---|---|---|---|
Eviction, uncontested | $134 filing and service, $405 if a writ is needed, plus attorney or agent fees under your contract | About $2,450 to $3,270 (30 to 40 days) | About 3 to 5½ weeks after notice |
Cash for keys | Negotiated payment of $1,950, paid at key handover | About $1,140 (14 days) | The agreed move-out date |
She made the offer, confirmed the move-out date in writing, and had the home back in two weeks.
Names, dates, and other identifying details have been changed to protect the investor's privacy.
Under SB 38, the gap is narrower than older national estimates suggest; on a quiet case, the totals can land within a few hundred dollars. The difference shows up elsewhere: a firm move-out date, a cooperative walk-through instead of a lockout, and no exposure to an appeal. If the customer contests or appeals, the eviction column grows quickly.
When does Cash for Keys make more sense?
Cash for keys tends to work when the customer is still talking to you, agrees on the basic facts, and wants a clean exit without an eviction on their record. It also fits when a certain date matters because you plan to sell or renovate.
Filing is usually better when the customer has gone silent, disputes what's owed, has damaged the home, or broke an earlier agreement.
What should a Texas Cash-for-Keys Agreement include?
Put every term in writing before any money changes hands:
The move-out date and time, and confirmation that all occupants and belongings will be out
The condition the home must be in, confirmed at a walk-through
The payment amount, paid only at key handover after the walk-through
Whether unpaid rent is waived, and how the security deposit will be handled under the lease and Texas law
Signatures from every adult on the lease
What happens if the customer doesn't leave on time
That last item matters. A signed agreement doesn't replace the notice Texas requires before you file. If the deal falls through, you'll still need a proper notice to pay rent or vacate, or a notice to vacate, before you can go to court. Delivering the required notice first and negotiating from there keeps a failed deal from restarting your clock. PMI Connects always recommends having your lawyer review any legal agreement, including a cash-for-keys agreement, before anyone signs.
How we help Dallas investors choose a path
We start with the lease's notice terms, the customer's payment history (it determines which notice SB 38 requires), any federal notice rule, and the condition of the home. Our structured rent collection process documents every late payment, which is the history you need for that notice decision. If an eviction does become necessary on a home we manage, we assist as in making that process as simple as possible.
FAQ
Can I still offer cash for keys after I've filed?
Yes. Cases often settle after filing. If you need more time to finish the deal, SB 38 allows a trial postponement longer than seven days only when both sides agree in writing. Ask your attorney or agent how to record the agreement with the court.
Should I offer cash for keys to a customer who's only one month behind?
If they've never been late before, SB 38 requires a notice that gives them the chance to pay, and many first-time late payments resolve there. Cash for keys fits better once a pattern is clear or communication breaks down.
Can I collect the unpaid rent after a cash-for-keys deal?
Only if the agreement says so. Most agreements waive the balance in exchange for an on-time move-out, so state it clearly either way.
Get a 2nd opinion before next month slips by
Our team can walk through eviction options with you and show which path keeps more income in your pocket. Learn more about our property management services and how we can help you in your situation at on our website PMI Connects.
This article is for general information and isn't to be construed as legal or tax advice. Talk with a qualified professional about your situation.
