Texas Eviction Notice Form

A Texas eviction notice is a written document that informs a tenant they must either pay rent/correct a lease violation, or move out by a specific deadline. Lumr’s customizable Texas eviction notice form allows ot instantly create a comprehensive notice that meets all the state’s criteria.

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What Is a Texas Eviction Notice?

An eviction notice is a formal written notice used by a landlord to request that a tenant take action before an eviction case can begin.

It typically states that the tenant has to:

  • Pay unpaid rent
  • Fix a lease violation
  • Leave the property

In Texas, you usually need to give your tenant a written notice before you can start an eviction case. If the tenant does not leave or fix the issue after the notice period, you can take the matter to court.

It’s important to note that an eviction notice does not immediately remove a tenant. It’s only the first step before going to court.

Texas Eviction Notice Requirements

Texas eviction notices are mainly governed by Texas Property Code §24.005. You can see the main requirements to be aware of when drafting your notice in the table below.

RequirementExplanation
1. Written noticeYou must always give the tenant a written notice.
2. Notice periodGive the required time to comply, usually at least 3 days unless the lease or law states otherwise.
3. Tenant and property detailsClearly identify the tenant and rental property involved.
4. Reason for noticeExplain why the tenant must pay, correct an issue, or leave.
5. Delivery methodServe the notice using a method allowed under Texas law.
6. Proof of deliveryKeep records showing when and how the notice was delivered.
7. Court filingIf the tenant does not comply, file an eviction case through Justice Court.

Types of Texas Eviction Notice

Texas landlords may use different eviction notices depending on the reason for ending the tenancy. The correct one to use depends on your situation. Common types include:

  • 3-Day Notice to Vacate for Non-Payment: Used when a tenant has unpaid rent and must pay or leave.
  • 3-Day Notice to Vacate for Lease Violation: Used when a tenant breaches the rental agreement.
  • 3-Day Unconditional Notice to Vacate: Requires the tenant to leave without an opportunity to fix the issue when allowed.
  • 30-Day Notice to Terminate Month-to-Month Tenancy: Used to end certain month-to-month rental arrangements.

3-Day Notice to Vacate for Non-Payment in Texas

A 3-day eviction notice in Texas is commonly used when a tenant fails to pay rent. The notice gives the tenant a deadline to pay the overdue amount or move out.

The required notice period is usually 3 days. However, the original lease may allow for a different timeframe.

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3-Day Notice to Vacate for Lease Violation in Texas

A landlord may use a notice to vacate when a tenant violates the lease agreement.

Common reasons include:

  • Unauthorized occupants
  • Prohibited activities
  • Property damage

Your notice should describe the violation and state when the tenant must leave or correct the issue.

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3-Day Unconditional Notice to Vacate in Texas

A 3-day unconditional notice to vacate requires the tenant to leave unconditionally. They are not given an opportunity to fix the problem.

This type of notice is only allowed in certain situations in Texas, such as:

  • Certain criminal activity on the property
  • Serious lease violations

You still need to follow proper notice and eviction procedures before removing a tenant.

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How to Serve an Eviction Notice in Texas

You can create a Texas eviction notice form online with Lumr. Simply enter your details, and you’ll instantly receive the finished document, ready to be sent. The steps below outline the entire eviction process.

  1. Complete your eviction notice

    Start by adding the required details. Provide your information, the tenant’s details, the property address, the reason for the notice, and the deadline to comply.

  2. Check the notice period

    Before serving the notice, make sure you’re giving the tenant the correct amount of time required by Texas law and your lease agreement.

  3. Sign the notice

    Sign the completed eviction notice before delivering it to the tenant.

  4. Serve the notice

    Deliver the notice using an allowed method under Texas law. This includes personal delivery, mail, or another permitted method.

  5. Keep proof of delivery

    Save a copy of the notice and proof showing when and how you delivered it.

  6. Wait for the tenant’s response

    Give the tenant the required time to pay, correct the issue, or move out.

  7. File an eviction case if needed

    If the tenant does not comply, you can file a forcible detainer case in court to request possession of the property.

FAQ

FAQs About Texas Eviction Notices

Still have questions about creating or serving a Texas eviction notice? Find answers to common landlord questions below.

How many days notice is required for eviction in Texas?

A tenant usually must get at least 3 days’ written notice before receiving this notice in Texas. However, the original lease agreement or another law may allow for a different eviction timeline

Are weekends and holidays included in the 3-day eviction notice in Texas?

Yes, you should count weekends and holidays when calculating the 3-day notice period in Texas. They are typically included.

Can a landlord evict a tenant without cause in Texas?

You may be able to end a tenancy without giving a reason in certain situations, such as some month-to-month rentals.

However, you cannot evict a tenant for illegal reasons. For example, you cannot evict someone due to retaliation or discrimination.

Can a Texas landlord lock out a tenant for non-payment of rent?

No, it’s completely illegal to lock out a tenant or remove their belongings because they didn’t pay rent. You must always first provide proper notice.

What is the next step if the tenant ignores the Notice to Vacate in Texas?

You can file a forcible detainer case in the Justice Court if your tenant does not do one of the following:

  1. Leave
  2. Pay
  3. Correct the issue

The court will decide whether you can regain possession.

When is a 30-day notice required for non-payment of rent in Texas?

A 30-day notice is generally not required for unpaid rent in Texas. Nonpayment cases usually involve shorter notice periods, often 3 days. A 30-day notice is more commonly used for certain month-to-month tenancy terminations.

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