Texas 30 Day Notice To Vacate

Last Updated: January 31, 2024 by Roberto Valenzuela

Texas 30 Day Notice to Vacate_1 on iPropertyManagement.com
Texas 30 Day Notice to Vacate _1 on iPropertyManagement.com

A Texas 30 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a rental agreement, including a month-to-month or year-to-year lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.

When To Use a Texas 30 Day Notice To Vacate

A Texas 30 Day Notice To Vacate terminates the following types of tenancy:

  • A rental agreement, including a month-to-month or year-to-year lease
  • A situation with no written lease where the tenant pays rent monthly

Most other states use a 30 Day Notice To Vacate for terminating an expired lease, but Texas allows for a shorter notice period in this rare case.

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 30 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 basis upon which the tenancy will terminate
  3. Specify the termination date of the lease or 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 30 Day Notice To Vacate

Texas landlords and tenants 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. ONLY landlords delivering to tenants: 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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