Texas 3 Day Notice To Terminate Tenancy

Last Updated: March 8, 2024 by Roberto Valenzuela

A Texas 3 Day Notice To Terminate Tenancy is a letter which complies with state legal requirements to terminate a tenancy that has an expired oral or written lease. The non-terminating party must receive notice at least three (3) calendar days before the date of termination.

When To Use a Texas 3 Day Notice To Terminate Tenancy

A Texas 3 Day Notice To Terminate Tenancy ends a tenancy with an expired oral or written lease. Either the landlord or the tenant may deliver this notice, as appropriate.

Some other types of Texas lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a Texas 3 Day Notice To Terminate Tenancy

To help ensure the legal compliance of a Notice To Terminate:

  1. Use the full name of the receiving party, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve a Texas 3 Day Notice To Terminate Tenancy

Texas tenants do not have strict requirements on how they must deliver a lease termination notice, except that they must in some cases do so in writing. It is always legally most safe for a tenant to follow the same standards as apply to landlords. A Texas landlord may deliver a lease termination 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 other party
  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 shall 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.

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.