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.
Types of Texas Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
| Grounds | Time | Curable? |
|---|---|---|
| Unpaid Rent | 3-Day | Yes |
| Lease Violation | 3-Day | No |
| Lease Termination | 30-Day | No |
| Foreclosure | 30-Day | No |
3-Day Notice to Quit (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.
The eviction notice for nonpayment of rent should state the total amount of past-due rent owed. The landlord may give the tenant the option to pay the past due amount in full to avoid eviction, but this is not a requirement.
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.
Payment of Past-Due Rent. Tenants are only given the option to pay past-due rent 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 Notice to Quit (Non-Compliance)
A tenant can be evicted in Texas if they do not uphold their responsibilities under the terms of a written lease or 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 or 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 (No Lease/ End of Lease)
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 or 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 Notice to Quit (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).
To learn more about the eviction process in Texas click here.
What to Include in Texas Eviction 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 tenant’s name and contact information;
- 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); and
- How much time the tenant has to correct the issue (if allowed).
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 or registered mail.
Delivering Eviction Notices in Texas
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; or
- Posting the notice in a sealed envelope on the outside of the main entry door no later than 5:00 pm (only if it is unsafe 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.
Eviction Process in Texas
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If uncured and tenant remains, petition is filed and served.
- Hearing is held and judgment issued.
- If an eviction is granted, a Writ of Execution is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Texas, click here.
Sources
- 1 TX Prop Code §24.005 (2019)
-
(a) …a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days’ written notice to vacate the premises…(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days’ written notice to vacate…
- 2 TX Prop Code §24.005 (2019)
-
(f) …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…regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question.
- 3 TX Prop Code §24.005 (2019)
-
(f-1) …securely affixing to the outside of the main entry door a sealed envelope …on which is written the tenant ’s name, address…the words “IMPORTANT DOCUMENT” or substantially similar language and…depositing in the mail…if: (1) the premises has no mailbox and…prevents the landlord from entering the premises…or (2) the landlord reasonably believes that harm to any person would result from personal delivery…
- 4 TX Prop Code §92.019 (2019)
-
(a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant’s rent unless:(1) notice of the fee is included in a written lease; (2) the fee is reasonable; and (3) any portion of the tenant’s rent has remained unpaid two full days after the date the rent was originally due.
- 5 TX Prop Code §24.005 (2019)
-
(i) If before the notice to vacate is given as required by this section the landlord has given a written notice or reminder to the tenant that rent is due and unpaid, the landlord may include in the notice to vacate required by this section a demand that the tenant pay the delinquent rent or vacate the premises by the date and time stated in the notice.
- 6 TX Prop Code §91.001 (2019)
-
(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:(1) the day given in the notice for termination; or (2) one month after the day on which the notice is given.
- 7 TX Prop Code §91.001 (2019)
-
(c)…if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:(1) the day given in the notice for termination; or (2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
- 8 TX Prop Code §24.005 (2019)
-
(b)…If a building is purchased at a tax foreclosure sale or a trustee’s foreclosure sale…and the tenant timely pays rent and is not otherwise in default under the tenant’s lease after foreclosure, the purchaser must give a residential tenant of the building at least 30 days’ written notice to vacate if the purchaser chooses not to continue the lease.
