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Texas Notice to Vacate

A notice to vacate, also called an eviction notice or notice to quit, is a legal document sent by landlords to provide written notice of a violation or end a tenancy in a rental property

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Notice to Vacate document preview

What is a notice to vacate in Texas?

A notice to vacate in Texas is a legal document sent by landlords to provide written notice of a lease violation or to end a tenancy under Prop. Code § 24.005. In most cases, this is the first step to beginning the legal eviction process.

When to use a notice to vacate in Texas

  • Late payment or non-payment of rent
  • The tenant has violated the terms of the rental agreement
  • You want to formally notify your tenant that they must resolve a lease violation within a certain amount of time or else they will be evicted from the property
  • Your tenant has remained on the property after the lease term has ended or after you notified them that you are ending their tenancy

Complete a notice to vacate in three easy steps

  1. 1. Determine the Grounds for Eviction

    Most states, including Texas, require you to provide reasons for evicting your tenant, such as non-payment of rent or violation of the terms of the lease under Prop. Code § 24.005.

  2. 2. Complete Our Notice to Vacate Form

    Provide detailed information about the rental property, including the full address, the name of the tenant, and the date that the lease was signed.

  3. 3. Send the Notice to Vacate to the Tenant

    The service of a notice to vacate officially commences the legal eviction process. Depending on your jurisdiction, you may be able to send the notice to vacate by delivering it personally to the tenant, posting it to the tenant’s door, or delivering it by certified mail.

Texas Notice Periods

Note that while these notice periods differ depending on the reason for eviction, Texas law sets specific timeframes landlords must follow.

Nonpayment of Rent: 3 days (Prop. Code § 24.005).

Lease Violation: The notice period depends on the specific circumstances of the tenancy (Prop. Code § 92.058). LegalNature's state-specific form automatically applies the correct timeframe based on your answers.

End of a Fixed-Term Lease: 3 days (Prop. Code § 24.005).

Month-to-Month or At-Will Tenancy: The notice period depends on the specific circumstances of the tenancy (Prop. Code § 24.005). LegalNature's state-specific form automatically applies the correct timeframe based on your answers.

Note that certain circumstances require specialized notices. As state and local laws vary, it is important to understand the laws in your area. Regardless of which notice you need, each serves to exercise the legal rights afforded by the landlord-tenant relationship.

Create a Notice to Vacate

Elements of a notice to vacate document

Reason for eviction: LegalNature’s notice to vacate form builder will guide you through selecting the appropriate reason for eviction and include the appropriate notice period options.

Notice period: Landlords must adhere to state-mandated minimum notice periods.

Tenant response timeline: Clearly state the time allowed for tenants to: a) remedy any violation (if applicable), or b) vacate the property.

Serving the notice: Each state has different rules that landlords are required to know and follow. LegalNature’s form includes a Proof of Service page that helps landlords prove that their notice was properly served. While optional in many states, we recommend that landlords always use it.

Frequently asked questions

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