Texas 3 Day Notice To Vacate

Last Updated: January 31, 2024 by Roberto Valenzuela

Texas 3 Day Notice to Vacate_1 on iPropertyManagement.com

Texas 3 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for an “incurable” violation (i.e., one which the tenant isn’t allowed an opportunity to correct), such as committing a criminal act on the premises. The tenant must move out within three (3) calendar days of receiving notice.

When To Use a Texas 3 Day Notice To Vacate

A Texas 3 Day Notice To Vacate begins the eviction process for the following tenant violations:

  • Causing intentional and substantial property damage
  • Involvement in serious misconduct or committing a criminal act
  • Failing to move out with an expired lease that has receive notice of termination (also known as “holding over”)

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 Vacate

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

  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 Vacate

Texas landlords may deliver a Notice To Vacate using one of these methods:

  1. Hand delivery to the other party
  2. Hand delivery to a person at least age 16 on the property who can accept the notice on behalf of the other party
  3. Delivery by regular mail, by registered mail, or by certified mail, return receipt requested
  4. Posting the notice on the main entry door of the other party’s address (landlords must try to post inside the entry door and can only post on the exterior if they believe harm will come to the person attaching notice to the inside of the main entry door, or if there is no onsite mailbox and an alarm on the premises), PLUS delivery by mail

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, and “IMPORTANT DOCUMENT” written in all capital letters on the affixed envelope. All notices must be mailed from a post office in the same county as the rental unit.

note
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.

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