A Texas eviction notice form for nonpayment of rent is a written document that states a tenant has 3 days to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Texas.
Read further to learn about what information is required on an eviction notice for it to be valid, legally acceptable ways of delivering notices, and types of notices for all possible grounds for eviction.
- Eviction Notice for Nonpayment of Rent – 3-Day Notice to Quit
- Eviction Notice for Violation of Lease Agreement – 3-Day Notice to Quit
- Lease Termination Notice for “At-Will” Tenants – 30-Day Notice to Vacate
- Eviction Notice for Foreclosure – 30-Day Notice to Quit
Information Required for All Texas Notices
Texas state law doesn’t indicate what is required to be on every eviction notice; however, it’s a good idea for the notice to include:
- The date the tenancy will terminate
- The reason for the eviction
- What the tenant can do to correct the issue and avoid eviction (if allowed under Texas law)
- How much time the tenant has to correct the issue (if allowed)
Landlords may also want to add the name and contact information of the person being evicted, just to be sure the correct person receives the notice.
It’s also good practice to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
In addition, the landlord should keep the receipt number if the notice was delivered by certified/registered mail.
Acceptable Ways of Delivering Notices
In the state of Texas, landlords can deliver an eviction notice by any of the following methods :
- Giving it to the tenant in person
- Leaving the notice with someone over the age of 16 at the rental unit
- Mailing the notice to the tenant via certified, registered, or regular mail
- Posting the notice on the inside of the rental unit’s main entry door
- Posting the notice in a sealed envelope on the outside of the main entry door (only if it isn’t safe to enter the rental unit) AND mailing a copy to the tenant
Note that the sealed envelope must have the tenant’s name, address, and “Important Document” in all caps (or similar wording) written on the outside.
Types of Eviction Notices
Each possible ground for eviction has its own process and notice requirements.
3-Day Eviction Notice for Nonpayment of Rent
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Texas law, rent is late if not paid 2 days after the due date.
Once rent is past due, the landlord must provide tenants with a 3-Day Notice to Quit if the landlord wants to file an eviction action with the court, giving the tenant 3 days to move out of the rental unit.
If the tenant does not move out before the notice period expires and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should state the total amount of past-due rent owed, and may include the option for tenants to pay the past due amount in full in order to avoid eviction, but this is not a requirement.
Payment of Past-Due Rent. Tenants are only given the option to pay past-due rent in order to avoid eviction if the landlord already gave the tenant a notice of unpaid rent or a request to pay the past due rent before sending the tenant the 3-Day Notice to Quit.
Landlords are not required to give tenants the option to pay past-due rent and remain in the rental unit in order to file an eviction action with the court.
Get the downloadable 3-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
3-Day Eviction Notice for Non-Compliance
A tenant can be evicted in Texas if they do not uphold their responsibilities under the terms of a written lease/rental agreement.
Typical lease violations could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Texas landlords are not required to allow tenants to correct a lease violation in these instances, but they must provide tenants with a 3-Day Notice to Quit, giving the tenant 3 days to move out of the rental unit.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Illegal Activity. In the state of Texas, illegal activity is considered a breach/violation of the lease terms and is not treated as a separate eviction type. Tenants involved in illegal activity do not have the opportunity to correct the issue prior to eviction.
The notice should include the date the tenant must move out of the rental unit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 3-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
30-Day Lease Termination Notice for “At-Will” Tenants
In the state of Texas, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Written/verbal lease – If the tenant had a verbal or written lease that has expired, the landlord must provide the tenant with a 3-Day Notice to Quit.
- Month-to-month– If rent is paid on a month-to-month basis, a landlord must provide the tenant with 30 days’ notice.
- Less than month-to-month – If rent is paid on less than a month-to-month basis, a landlord must provide the tenant with at least one rental period’s notice.
The notice should include the date the tenant must move out of the rental unit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Get the downloadable “At-Will” Tenancy Termination Notice Form template below (.pdf direct link).
Get the downloadable 30-Day Month-to-Month Tenancy Termination Notice form template below (.pdf direct link).
30-Day Eviction Notice for Foreclosure of Rental Property
If the rental property is foreclosed upon, and the lease will not be renewed, tenants must receive 30 days’ written notice prior to the eviction process.
In these situations, there is nothing the tenant can do to “cure” the issue and must move out.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include the date the tenant must move out of the rental unit.
Get the downloadable 30-Day Eviction Notice for Foreclosure form template below (.pdf direct link).
