Texas Eviction Notice
The written notice your state requires before you can file an eviction case — with the correct notice period and wording for your state.
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Clauses, notice periods and disclosures come from your state's statutes — each one cited.
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Why are you serving notice?
The notice period and required wording depend on the reason.
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$49 to downloadTEXAS EVICTION NOTICE
Regarding residential property located in the State of Texas
NOTICE TO VACATE FOR NONPAYMENT OF RENT
TO: ________________, and all others in possession of:
________________
If you fail to comply with this notice, the Landlord may begin legal proceedings to recover possession of the premises, unpaid rent, and any costs allowed by law. This notice does not waive the Landlord's right to any other remedy.
Proof of Service
On ________________, the undersigned served this notice by ________________.
Landlord / Agent: ________________ Address: ________________
This notice to vacate is given under Section 24.005 of the Texas Property Code. If you do not vacate by the deadline stated above, the Landlord may file a forcible detainer suit in the Justice of the Peace court for the precinct in which the premises are located.
- Tex. Prop. Code § 24.005
What Texas law requires
Texas gives landlords more freedom than most states: there is no cap on security deposits and no rent control. In exchange, the Property Code is strict about deadlines and paperwork — a deposit returned late, or an eviction filed without the right notice to vacate, hands the tenant a defense. These documents build in the Texas-specific deadlines so you do not have to look them up.
- Notice period before filing
- 3 days to vacate unless the lease specifies a different periodTex. Prop. Code § 24.005
- Where you file
- Justice of the Peace court in the precinct where the property sitsTex. Prop. Code § 24.004
- How notice may be delivered
- In person, by mail, or affixed to the inside of the main entry door; posting on the outside is allowed only in limited circumstancesTex. Prop. Code § 24.005(f)
Statute references are provided so you can verify each rule yourself. LandlordDocs is not a law firm and this is not legal advice.
What happens when the notice period runs out
Serving the notice is step one. If the tenant does not comply, the next step in Texas is filing a forcible detainer (eviction) suit in the Justice of the Peace court for the precinct where the property is located.
- 1
Confirm the tenant has not paid or moved out by the deadline.
- 2
File a forcible detainer suit in the Justice of the Peace court for the precinct where the property sits. Filing fees vary by county.
- 3
Bring the lease, a copy of this notice, proof of how you delivered it, and a rent ledger.
- 4
The court sets a hearing, usually within a few weeks. Do not change the locks or remove the tenant's property yourself — only a constable can execute a writ of possession.
We remind you when the clock runs out. Buy this notice and we email you on the morning it expires, with these steps — so you do not have to count days.
Tex. Prop. Code § 24.004, § 24.0061
Why not just use one of the big legal form sites?
You can — their templates are fine. The complaints are almost never about the documents; they are about the billing.
Questions landlords ask
Do I have to send a notice before evicting a tenant?
In every US state, yes. A court will dismiss an eviction case filed without the correct written notice, and you will have to start over — losing weeks of unpaid rent. The notice period and wording are set by state statute, which is why a generic template is risky.
How should I deliver the notice?
Follow your state's service rules and keep proof. Handing it to the tenant in person is strongest; posting on the door plus mailing a copy is the common fallback. Photograph the posted notice and keep mailing receipts — judges ask for them.
What if the tenant pays after I serve the notice?
If the tenant pays the full amount within the notice period, the notice is satisfied and the tenancy continues. Accepting partial payment can undermine your case in some states, so get advice before accepting less than the full amount.
Is this the same as filing for eviction?
No. This notice is the required first step. If the tenant does not comply, you then file an eviction case with your local court — this document is the evidence that you gave proper notice.
How many days notice does Texas require before eviction?
Three days to vacate, unless your written lease sets a different period — Texas leases commonly shorten it to one day or lengthen it, and the lease controls (Tex. Prop. Code § 24.005). The three days run from delivery of the notice, not from when rent was due.
Can I post the notice on the front door in Texas?
Texas allows delivery in person, by mail, or by affixing the notice to the inside of the main entry door. Posting on the outside of the door is permitted only where the landlord cannot safely enter, and additional mailing requirements apply. Photograph the notice in place and keep proof of mailing.