Texas Eviction Notice

Our eviction notice template is state specific and will automatically include any required notice time frame, depending on the landlord’s reason for pursuing eviction.

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What is an eviction notice?

An eviction notice, also called a “notice to vacate” or “notice to quit,” is a legal document sent by landlords to provide written notice to evict a tenant from a rented property due to a violation or to end the tenancy. In Texas, this notice is the first legal step a landlord must take to evict a tenant from a rented apartment, house, or room. In most states, this is the first step to beginning the legal eviction process.

When to use an eviction notice

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

Use the type of notice that suits your needs the best

Notice to Quit Also called a notice to vacate, these legal documents notify non-compliant tenants that they must vacate the rental unit or property.

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Notice to Vacate Notify either a tenant or a landlord of the intent to terminate a rental agreement and vacate the property by a specific date. This may be issued by either party.

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Complete an eviction notice in three easy steps

1. Determine the Grounds for Eviction
Most states require you to provide reasons for evicting your tenant, such as non-payment of rent or violation of the terms of the lease. Texas does not have state-wide "just cause" requirements for evictions.
2. Complete Our Eviction Notice 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. Send the Eviction Notice to the Tenant
The service of an eviction notice officially commences the legal eviction process. Depending on your jurisdiction, you may be able to send the eviction notice by delivering it personally to the tenant, posting it to the tenant’s door, or delivering it by certified mail. Notices can be delivered in Texas by giving it directly to the tenant, posting it at the rental property, or mailing it to the tenant. Texas courts often require proof that the tenant has actually received the notice in order to proceed with a legal eviction case.

What if my tenant does not leave the property?

If the tenant does not comply with the notice, the landlord must begin the formal eviction process by filing a complaint and other required court forms, such as a cover sheet and summons, with the court clerk. These forms must be properly completed and filed to initiate an unlawful detainer lawsuit. After the complaint is filed, the tenant will be served with a summons and must respond within a specific time frame. The tenant's response is crucial, as it determines the next steps in the lawsuit. If the tenant files a response, the landlord can then request a trial date to proceed with the case. It is important to use the correct court forms and follow proper filing procedures to ensure the eviction process moves forward without delays.

What kinds of eviction notices are there?

There are multiple types of eviction notices. Note that while these notice periods differ slightly from state to state, the following are recognized in Texas:

A three-day eviction notice is often used to terminate a tenancy when the tenant has failed to pay rent, violated provisions of the rental agreement, is utilizing the property for an illegal purpose, has caused damage to the property, or has created a nuisance.
A thirty-day eviction notice may be used to terminate any longer-term month-to-month tenancies, but are only required for properties covered by federal law. Texas allows three days' notice for evictions unless otherwise specified and agreed to under the lease.

Regardless of which notice you need, each serves to exercise the legal rights afforded by the landlord-tenant relationship.

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Texas eviction notice help guide

Elements of an eviction notice document

Tenant and address: Every eviction notice must include the tenant's name and the complete property address of the rental property.

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

Notice period: Landlords must give the state-mandated minimum notice periods.

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

Serving the notice: Texas has different rules that landlords are required to know and follow to give their tenants proper notice of an eviction.

3-Day Notice to Vacate
Texas law requires landlords to provide at least 3 days' written notice to vacate before filing an eviction lawsuit, unless the lease specifies a different time frame. For non-payment of rent, landlords must wait until after any grace period specified in the lease (commonly 2 days under Texas Property Code Section 92.019) before serving the notice. The notice must state the specific reason for eviction and the deadline by which the tenant must vacate. Unlike some states, Texas does not require landlords to give tenants the option to cure lease violations—the notice can demand that the tenant simply move out.
30-Day Notices
For properties covered by the federal CARES Act (those participating in certain federal programs or with federally backed mortgages), landlords must provide at least 30 days' notice before filing an eviction. Month-to-month tenancies and holdover situations generally require 3 days' notice unless otherwise specified in the lease. Texas landlords have broad discretion to end tenancies at the end of the lease term without providing a specific reason, except for discrimination or retaliation.

Serving the eviction notice is a crucial step in the Texas eviction process, as it officially notifies the tenant of the landlord's intent to proceed with an eviction lawsuit. Under Texas Property Code Chapter 24, landlords must ensure that the written notice is properly delivered to the tenant before moving forward with a forcible detainer suit. The method of serving the notice and the required notice period depend on the type of tenancy and the reason for eviction, such as non-payment of rent, lease violations, or ending a tenancy at the end of the lease term.

Landlords have several options for serving an eviction notice under Texas law. The notice can be delivered in person directly to the tenant or to any person residing at the premises who is 16 years of age or older. Alternatively, the landlord can deliver it in person by affixing the notice to the inside of the main entry door. The notice may also be served by mail using regular mail, registered mail, or certified mail with return receipt requested to the premises. Some landlords prefer certified mail because it provides proof of delivery, though Texas law does not require this method. Maintaining clear documentation of how and when the notice was served is essential for court proceedings.

The eviction notice, or notice to vacate, must include all legally required information, such as the tenant's name and address, the rental property address, the specific reason for eviction, and the time frame by which the tenant must vacate. For non-payment of rent, landlords must specify that the tenant failed to pay rent and provide at least 3 days to vacate (excluding the day of service). Texas law allows landlords to include a demand for unpaid rent in the notice if they have previously notified the tenant in writing that rent is due. However, landlords must comply with any lease-specified grace period before serving the notice—commonly a 2-day grace period under Texas Property Code Section 92.019.

It is essential for landlords to follow all legal requirements when serving the notice. Improperly served notices can result in delays, dismissal of the eviction case, or the landlord having to restart the entire process. To avoid these issues, landlords should keep detailed records of how and when the notice was served, including copies of the notice, certified mail receipts if used, photographs if the notice was posted, and the names of any witnesses. This proof of service may be required when filing the eviction lawsuit in justice court.

If you are unsure about the correct procedures for serving a notice to vacate, it is wise to seek legal advice from a private attorney or consult with resources like the Texas Justice Court Training Center or Texas Tenant Advisor. By carefully following Texas law and maintaining proper documentation, landlords can help ensure a smooth eviction process and protect their rights throughout the court proceedings.

LegalNature’s form includes a Proof of Service page that helps landlords prove that their notice was properly served. While optional in many states, it is generally recommend that landlords use it.

Frequently asked questions

What's the difference between an eviction notice, notice to vacate, and notice to quit?

Any notice directing a resident to leave a property is considered be an “eviction notice.” Both a “notice to vacate” and a “notice to quit” are types of eviction notices that seek the same basic goal: to formally notify someone that they must leave the property. Some of the most common reasons for issuing an eviction notice are a lease violation or termination, mortgage foreclosure, or rent delinquency. Whether it be a notice to quit or a notice to vacate, all eviction notices must comply with applicable state laws in order to have any legal effect.

How is an eviction notice served?

There are two main ways to serve an eviction notice: certified mail or using a professional process server. However, it is important to know your local rules, as they may vary depending on your city or state.

Certified Mail

In general, the most effective way to serve an eviction notice is to send the notice via certified mail with a return receipt. After this is done, and depending on applicable laws, the eviction notice is also posted conspicuously on the property, such as on the front door or garage.

Use of a Process Server

A process server or professional service company will actually serve the tenants with the notice. The problem with this procedure is that if the tenant knows that they are behind on rent, then they may not be easy to find.

Other Common Methods

Depending on your local rules, the landlord may also be able to serve the notice via the following methods:

Posting the notice at the premises
Personal delivery to each tenant
Personal delivery to one tenant
Personal delivery to a non-tenant

What is a notice for termination WITHOUT cause?

A notice for termination without cause is used by landlords to end a tenancy where the tenant has not done anything wrong. These types of eviction notices are frequently used by landlords who wish to raise the rent and need to remove the tenant in order to do so. In some jurisdictions, a 30-day notice to quit is used to end the tenancy of month-to-month rentals or a lease agreement that has been in existence for less than one year. A 60-day eviction notice is most frequently used to end a lease agreement that has been in existence for at least one year.

What is a notice for termination WITH cause?

Landlords use a notice for termination with cause to rectify a tenant’s failure to comply with obligations found within a lease agreement. A landlord should always be familiar with their local and state laws as the rules for serving an eviction notice can vary greatly.

Common causes are:

failure to pay rent,
damaging the property, or
violating one or more terms of the lease agreement.

Depending on applicable laws, a 3-day eviction notice may be used when a tenant has failed to pay rent and the landlord wants to remedy this situation as quickly as possible.