Texas-Specific

Texas Eviction Notice Template

Download a eviction notice template specific to Texas law. Includes state-mandated provisions, required language, and compliance with Texas statutes.

Get It Drafted for YouView Full Template

The downloadable file is jurisdiction-neutral. Replace the Governing Law field with Texas and review the Texas-specific requirements below for the clauses Texas courts will scrutinize.

Texas Eviction Notice Laws and Requirements

Texas is one of the few states where the form of the notice turns on the tenant's payment history. Where possession is terminated solely for nonpayment and the tenant was not late or delinquent before the month the notice is given, §24.005 requires the notice to be given as a notice to pay rent or vacate. Where the tenant was already late before that month, the landlord may use either that form or a straight notice to vacate. That single rule is why a notice copied from a generic form, or from a neighboring state, so often fails in Texas. In Texas, landlords must provide a 3-day notice to vacate (unless lease specifies otherwise) for non-payment of rent. Texas provides no statutory right to cure, landlord can demand full vacation after notice period. Lease violations require a 3-day notice to vacate (or as specified in the lease). For no-fault terminations, Texas requires at least one month for month-to-month tenancies (Property Code §91.001), unless both parties signed an agreement setting a different period. Valid delivery methods include the four methods listed in §24.005(f-3): mail, including first class, registered, certified, or a delivery service; delivery to the inside of the premises in a conspicuous place; hand delivery to any tenant aged 16 or older; or, only where the parties have agreed in writing, electronic communication such as email.

The controlling provisions are Texas Property Code §24.005 (notice to vacate before filing), with §24.0042 (counting days) and §24.0051 (trial between the 10th and 21st day after filing), and they are read strictly. Texas also limits how the notice reaches the tenant: since 1 January 2026 the permitted methods are fixed by statute rather than by practice. §24.005(f-3) allows mail in any of its forms, delivery to the inside of the premises in a conspicuous place, hand delivery to any tenant aged 16 or older, and electronic delivery only where the parties agreed to it in writing. §24.005(f-4) then softens the rule: it does not apply at all if the tenant actually receives the notice, so proof of receipt cures a method that was otherwise irregular. What a landlord cannot do anywhere in Texas is take possession personally. Changing locks, cutting utilities, or removing belongings is self-help eviction, and it converts a straightforward possession case into a damages claim against the landlord. A properly served eviction notice is the mandatory first step.

Texas Eviction Notice Requirements

Non-payment notice: 3-day notice to vacate (unless lease specifies otherwise).

Cure rights: Texas provides no statutory right to cure, landlord can demand full vacation after notice period.

Lease violation notice: 3-day notice to vacate (or as specified in the lease).

No-fault termination: at least one month for month-to-month tenancies (Property Code §91.001), unless both parties signed an agreement setting a different period.

Delivery methods: the four methods listed in §24.005(f-3): mail, including first class, registered, certified, or a delivery service; delivery to the inside of the premises in a conspicuous place; hand delivery to any tenant aged 16 or older; or, only where the parties have agreed in writing, electronic communication such as email.

Controlling statute: Texas Property Code §24.005 (notice to vacate before filing), with §24.0042 (counting days) and §24.0051 (trial between the 10th and 21st day after filing).

How Texas counts the days: at least three days before a forcible detainer suit is filed, unless the written lease or rental agreement sets a shorter or longer period, which Texas expressly allows. Since 1 January 2026, §24.0042 fixes the count: the day of service is excluded, weekends and holidays are included, and a period ending on a Saturday, Sunday or state or federal holiday runs to the next business day.

Service the statute allows: since 1 January 2026 the permitted methods are fixed by statute rather than by practice. §24.005(f-3) allows mail in any of its forms, delivery to the inside of the premises in a conspicuous place, hand delivery to any tenant aged 16 or older, and electronic delivery only where the parties agreed to it in writing. §24.005(f-4) then softens the rule: it does not apply at all if the tenant actually receives the notice, so proof of receipt cures a method that was otherwise irregular.

What makes Texas different: Texas is one of the few states where the form of the notice turns on the tenant's payment history. Where possession is terminated solely for nonpayment and the tenant was not late or delinquent before the month the notice is given, §24.005 requires the notice to be given as a notice to pay rent or vacate. Where the tenant was already late before that month, the landlord may use either that form or a straight notice to vacate.

Court filing: Once the notice period has run without compliance, possession is decided by a court in Texas and not by the landlord, self-help eviction is illegal.

Content requirements: The notice must state the ground relied on, the sum demanded where rent is unpaid, and the date by which the tenant must comply or leave.

Related Real Estate Documents for Texas

Depending on your situation in Texas, you may also need:

Eviction Notice Generator

Residential Lease Template

Sublease Agreement Form

Commercial Lease Generator

Complete Your Texas Legal Document Package

A eviction notice is often one part of a larger legal need. Based on common Texas requirements, you may also need:

Residential Lease Agreement

A well-drafted lease prevents most eviction disputes, the lease terms define what constitutes a violation

Sublease Agreement

Unauthorized subletting is a common lease violation leading to eviction

Demand Letter

For non-eviction disputes with tenants, such as property damage or unpaid utilities

Texas Eviction Notice FAQ

How must an eviction notice be served in Texas?
Texas limits service to the methods named in the statute: since 1 January 2026 the permitted methods are fixed by statute rather than by practice. §24.005(f-3) allows mail in any of its forms, delivery to the inside of the premises in a conspicuous place, hand delivery to any tenant aged 16 or older, and electronic delivery only where the parties agreed to it in writing. §24.005(f-4) then softens the rule: it does not apply at all if the tenant actually receives the notice, so proof of receipt cures a method that was otherwise irregular. Methods that are acceptable in other states, such as email or ordinary first-class mail on its own, do not satisfy the requirement unless the statute lists them. Service is proved by the landlord, so keep the receipt or a dated record of how the notice was delivered.
How are the notice days counted in Texas?
In Texas, at least three days before a forcible detainer suit is filed, unless the written lease or rental agreement sets a shorter or longer period, which Texas expressly allows. Since 1 January 2026, §24.0042 fixes the count: the day of service is excluded, weekends and holidays are included, and a period ending on a Saturday, Sunday or state or federal holiday runs to the next business day. Miscounting the period is the error that most often forces a landlord to serve a fresh notice and start again, which is why the count matters as much as the document.
How many days notice do you have to give for an eviction in Texas?
For non-payment of rent in Texas: 3-day notice to vacate (unless lease specifies otherwise). For lease violations: 3-day notice to vacate (or as specified in the lease). For no-fault termination: at least one month for month-to-month tenancies (Property Code §91.001), unless both parties signed an agreement setting a different period. Use our eviction notice generator to create a compliant notice for Texas.
Can a landlord evict you without going to court in Texas?
No. Texas prohibits self-help eviction, so a landlord cannot change locks, shut off utilities, remove belongings, or put a tenant out without a court order. The sequence Texas requires is fixed: serve a written notice that satisfies Texas Property Code §24.005 (notice to vacate before filing), with §24.0042 (counting days) and §24.0051 (trial between the 10th and 21st day after filing), let the period run, and only then file for possession. For unpaid rent that means 3-day notice to vacate (unless lease specifies otherwise), and the clock does not start until the notice is properly served. A landlord who skips ahead is exposed to damages, penalties, and the tenant's attorney fees, and usually has to restart the process anyway.
How does the eviction process work in Texas?
It starts with the notice, and in Texas that is where most cases are won or lost. Texas is one of the few states where the form of the notice turns on the tenant's payment history. Where possession is terminated solely for nonpayment and the tenant was not late or delinquent before the month the notice is given, §24.005 requires the notice to be given as a notice to pay rent or vacate. Where the tenant was already late before that month, the landlord may use either that form or a straight notice to vacate. Once the notice has been served and the period has expired without compliance, the landlord files for possession, the court issues a summons, and the tenant gets a limited window to answer. A contested case goes to a hearing; an uncontested one usually does not. If the landlord wins, the court enters a judgment for possession and a sheriff or constable carries out the writ. The paperwork stage is short, the waiting is not, and a defective notice sends the landlord back to the beginning.
What makes an eviction notice invalid in Texas?
In Texas the usual defect is getting the period or the form of the notice wrong, because Texas does not use a single fixed clock. After that come an incorrect notice period, a demand that does not state the exact sum owed, service by a method the statute does not authorize, a notice that names only one of several tenants on the lease, and errors in the description of the premises. Counting is its own hazard here, since at least three days before a forcible detainer suit is filed, unless the written lease or rental agreement sets a shorter or longer period, which Texas expressly allows. Since 1 January 2026, §24.0042 fixes the count: the day of service is excluded, weekends and holidays are included, and a period ending on a Saturday, Sunday or state or federal holiday runs to the next business day. Any of these sends the landlord back to the start, which in practice costs weeks. Our Texas eviction notice generator builds the notice to Texas Property Code §24.005 (notice to vacate before filing), with §24.0042 (counting days) and §24.0051 (trial between the 10th and 21st day after filing).
Does a tenant have to pay rent during the eviction process in Texas?
Generally yes, rent continues to accrue during the eviction process in Texas unless a court orders otherwise. Tenants who withhold rent during proceedings risk additional liability for unpaid rent. However, tenants may have defenses including uninhabitable conditions, landlord retaliation, or improper notice. If you are a landlord, document all communication and maintain proper records. Consider also having a solid residential lease agreement template that clearly outlines eviction procedures.

Key Eviction Notice Terms in Texas

eviction noticelandlordtenantunlawful detainernotice to pay or quitcure periodself-help evictionwrit of possessionlease violationsummary proceeding

Eviction Notice Templates by State

CaliforniaFloridaGeorgiaIllinoisNew JerseyNew YorkNorth CarolinaOhioAll States

Get Your Texas Eviction Notice

Download the free Texas-compliant eviction notice template above, or have ours drafted for you, tailored to your situation and reviewed for Texas requirements.

Get It Drafted for YouAttorney Drafting & Review

Everything for your eviction notice