Texas Eviction Notice Forms

Last Updated: January 1, 2024 by Roberto Valenzuela

A Texas eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Texas landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.

Types of Texas Eviction Notice Forms

Notice Form Grounds Curable?
3 Day Notice To Quit Unpaid Rent Yes
3 Day Notice To Comply or Vacate Lease Violation Maybe
3 Day Notice To Vacate Criminal Activity No
30 Day Notice To Vacate End of / No Lease No

Texas 3 Day Notice To Quit

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A Texas 3 Day Notice To Quit evicts a tenant for nonpayment of rent. In Texas, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within three (3) calendar days.

Texas 3 Day Notice To Comply or Vacate

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A Texas 3 Day Notice To Comply or Vacate evicts a tenant for a lease violation. This might include things like failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.

The landlord gets to decide whether the tenant has a chance to take corrective action. If the landlord decides not to allow corrective action, or the tenant doesn’t take corrective action, then the tenant must move out within three (3) calendar days.

Texas 3 Day Notice To Vacate

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A Texas 3 Day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action. For example, a notice to quit for illegal activity is never curable, since illegal actions are against the community and can’t be restored through compensation to the landlord. The tenant must move out within three (3) calendar days.

Texas 30 Day Notice To Vacate

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A Texas 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease, as well as situations with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.

How To Write an Eviction Notice in Texas

To help ensure the legal compliance of an eviction notice:

  1. Use the tenant’s full name and address
  2. Specify the lease violation as well as any balance due
  3. Specify the date of termination
  4. Print name and sign the notice, including the landlord’s address of record
  5. Note 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 Calculate Expiration Date in Texas

Unlike most states, in Texas the “clock” for an eviction notice period starts “ticking” the day the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than June 1st.

In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.

How To Serve an Eviction Notice in Texas

Texas landlords may deliver an eviction notice using any of these methods:

  1. Hand delivery to the other party
  2. Hand delivery to a person at least 16 years old who can accept the notice on behalf of the tenant, PLUS delivery by registered or certified mail
  3. Posting on the inside of the main entry door of the premises, PLUS delivery by registered or certified mail
  4. Posting on the exterior of the main entry door of the premises, PLUS delivery by registered or certified mail (ONLY if there is a suspected entry hazard, or if the premises have an alarm and there is no onsite mailbox)

Notice posted on the exterior of the premises must be in a sealed envelope with the tenant’s name and address written on it. The envelope must read “IMPORTANT DOCUMENT,” in all capital letters.

All notice must be mailed from a post office in the same county as the rental premises.

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