How To Serve an Eviction Notice in Texas

How To Serve an Eviction Notice in Texas

Last Updated: March 8, 2024 by Roberto Valenzuela

In Texas, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.

Who Can Serve Eviction Notices in Texas?

In Texas, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.

When Can Eviction Notices Be Served in Texas?

In Texas, lease termination and eviction notices can be served at any time and on any day to the tenant in person. However, if the landlord is not able to serve the tenant in person, then notices must be served to a person of a suitable age and discretion, posted on the premises or mailed before 5:00 pm on a day when the post office is open.

For a 3 Day Notice to Quit, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Texas, rent is late starting the day after it’s due.

Acceptable Forms of Service in Texas

Texas landlords may deliver an eviction notice using any of these methods:

  1. Hand delivery to the tenant
  2. Hand delivery to a person at least 16 on the property who can accept the notice on behalf of the tenant
  3. Hand-affixing the notice to the inside of the property’s main entry door
  4. Delivery by any form of mail, return receipt requested
  5. Posting the notice on the exterior of the property’s main entry door, PLUS mailing a copy of the notice by 5:00PM local time (only if the landlord perceives a risk of harm by posting inside, or if the premises have an alarm and no onsite mailbox)

When posting notices on the exterior of the premises, the notice must be placed in a sealed envelope with the receiving party’s name and address written on it. In addition, the party posting the notice must write “Important Document,” in all capital letters, on the envelope affixed to the premises. All notices must be mailed from a post office in the same county as the rental unit.

Obtaining Proof of Service in Texas

A landlord can demonstrate proof that a notice was delivered through the following methods:

  • Hand Delivery – by completing a Declaration of Service at the time of delivery
  • Registered or Certified Mail – via a return receipt and by completing a Declaration of Service at the time of mailing
  • Posting at the Premises – by taking a photograph and completing a Declaration of Service

Texas Eviction and Lease Termination Notice Forms

Notice Form Grounds
3 Day Notice To Quit Eviction for Unpaid Rent
3 Day Notice To Comply or Vacate Eviction for Lease Violation
3 Day Notice To Vacate Eviction for Criminal Activity
3 Day Notice To Terminate Tenancy Ending a Tenancy with Expired Lease
7 Day Notice To Vacate Ending a Weekly Lease
30 Day Notice To Vacate Ending a Monthly / Yearly Lease