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:
- Hand delivery to the tenant
- Hand delivery to a person at least 16 on the property who can accept the notice on behalf of the tenant
- Hand-affixing the notice to the inside of the property’s main entry door
- Delivery by any form of mail, return receipt requested
- 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 |
Sources
- 1 TX Prop § 24.005
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A landlord may deliver the notice by securely affixing to the outside of the main entry door a sealed envelope that contains the notice and on which is written the tenant’s name, address, and in all capital letters, the words “IMPORTANT DOCUMENT” or substantially similar language and, not later than 5 p.m. of the same day, depositing in the mail in the same county in which the premises in question is located a copy of the notice to the tenant if:
(1) the premises has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to affix the notice to vacate to the inside of the main entry door; or
Source Link(2) the landlord reasonably believes that harm to any person would result from personal delivery to the tenant or a person residing at the premises or from personal delivery to the premises by affixing the notice to the inside of the main entry door.
- 2 Tex. Prop. Code § 24.005(f)
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Except as provided by Subsection (f-1), the notice to vacate shall be given in person or by mail at the premises in question. Notice in person may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question.
Source Link - 3 Tex. Prop. Code § 24.005(f-1) & (f-2)
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Source Link
(f-1) As an alternative to the procedures of Subsection (f), a landlord may deliver the notice to vacate by securely affixing to the outside of the main entry door a sealed envelope that contains the notice and on which is written the tenant’s name, address, and in all capital letters, the words “IMPORTANT DOCUMENT” or substantially similar language and, not later than 5 p.m. of the same day, depositing in the mail in the same county in which the premises in question is located a copy of the notice to the tenant if: (1) the premises has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to affix the notice to vacate to the inside of the main entry door; or (2) the landlord reasonably believes that harm to any person would result from personal delivery to the tenant or a person residing at the premises or from personal delivery to the premises by affixing the notice to the inside of the main entry door. (f-2) Notice to vacate under Subsection (f-1) is considered delivered on the date the envelope is affixed to the outside of the door and is deposited in the mail, regardless of the date the notice is received.
