Texas Eviction Laws
Texas notice periods for ending a tenancy and starting an eviction, each as LeaseCraft read it in the statute at the official source, with its citation and read date (most recently ).
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Texas notice periods
Periods are as the statute states them: some are minimums, some apply unless the lease sets another. "Lease controls" means there is no statutory period; "No pre-suit notice" means none is required before filing.
| Situation | Notice period | Source |
|---|---|---|
| Unpaid rent | 3 calendar days |
Tex. Prop. Code 24.005(a) as amended by Acts 2025, 89th Leg., R.S., ch. 960 (S.B. 38), eff. 2026-01-01; Tex. Prop. Code 24.0042
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| Lease violation | 3 calendar days |
Tex. Prop. Code 24.005(a), (e)
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| Ending the tenancy without a chance to cure | 3 calendar days |
Tex. Prop. Code 24.005(a), (b)
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| Ending a month-to-month tenancy | 30 calendar days |
Tex. Prop. Code 91.001(a),(b),(e)
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| Tenant staying after the lease ends | 3 calendar days |
Tex. Prop. Code 24.005(a)
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| Ending a week-to-week tenancy | 7 calendar days |
Tex. Prop. Code 91.001(c)
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What the Texas statute says
Unpaid rent 3 calendar days
- Tex. Prop. Code 24.005(a): at least three days' written notice to vacate before filing a forcible detainer (eviction) suit, 'unless the parties have contracted for a shorter or longer notice period in a written lease or agreement'.
- S.B. 38 (Acts 2025, 89th Leg., R.S., ch. 960), for suits filed on/after 2026-01-01: if the tenant was NOT late or delinquent before the month the notice is given, the notice 'shall be given in the form of a notice to pay rent or vacate'; if previously late, either a notice to vacate or a notice to pay rent or vacate may be used.
- New Prop. Code 24.0042 (S.B. 38): the period excludes the day of delivery, counts weekends/holidays, and if the last day falls on a Saturday, Sunday or state/federal holiday it extends to the next non-holiday day.
- 24.005(c-1) (S.B. 38): a federal notice requirement (e.g. CARES Act 30 days) does not delay filing, but the writ of possession may not be served until the federal period has run from delivery of the notice.
Lease violation 3 calendar days
- Texas has no statutory comply-or-quit/cure notice: Prop. Code 24.005(a) requires only 'at least three days' written notice to vacate' for any tenant 'who defaults', and the lease may set a shorter or longer period.
- Any cure opportunity comes from the lease (24.005(e): if the lease or applicable law requires an opportunity to respond to a notice of proposed eviction, the notice to vacate may not be given until that period expires).
Ending the tenancy without a chance to cure 3 calendar days
- Triggers: any default under the lease or holding over (24.005(a)); tenant at will or by sufferance (24.005(b), pre-amendment text: 'at least three days' written notice to vacate').
- Lease may shorten (even to 1 day) or lengthen the period if in a written lease or agreement (24.005(a)).
Ending a month-to-month tenancy 30 calendar days
- Statutory text is 'one month', not 30 days: the tenancy terminates on the later of the day given in the notice or 'one month after the day on which the notice is given' (Prop. Code 91.001(a),(b)).
- Does not apply if landlord and tenant 'have agreed in an instrument signed by both parties on a different period of notice' or there is a breach of contract recognized by law (91.001(e)).
Tenant staying after the lease ends 3 calendar days
- Prop. Code 24.005(a) covers a tenant who 'holds over beyond the end of the rental term or renewal period' — same 3-day written notice to vacate (lease may vary).
Ending a week-to-week tenancy 7 calendar days
- Prop. Code 91.001(c): where the rent-paying period is less than a month, the tenancy ends on the later of the day given in the notice or the day after a period 'equal to the number of days in the rent-paying period' has run from the day notice is given.
Just cause, delivery, form and local rules in Texas
How the notice may be delivered
From 2026-01-01 (Prop. Code 24.005(f-3), S.B. 38): notice must be delivered by at least one of (1) mail, including first class, registered, certified mail or a delivery service; (2) delivery to the inside of the premises in a conspicuous place; (3) hand delivery to any tenant of the premises 16 or older; or (4) if the parties agreed in writing, electronic communication including e-mail; (f-4): the method list does not apply if the tenant actually receives the notice. Former (f)-(f-2) (inside-door/outside-door sealed envelope 'IMPORTANT DOCUMENT' procedure) repealed by S.B. 38 sec. 15.
Tex. Prop. Code 24.005(f-3), (f-4) as added by Acts 2025, 89th Leg., R.S., ch. 960 (S.B. 38) · read
Required form or contents
No prescribed statutory form text found; but from 2026-01-01 (S.B. 38) a nonpayment notice to a tenant who was not previously late must be 'in the form of a notice to pay rent or vacate' (Prop. Code 24.005(a)), and the eviction petition must describe 'when and how pre-suit notice was given, and whether it was a notice to vacate or a notice to pay rent or vacate' (TRCP 510, Misc. Docket No. 25-9096).
- Official rule order: https://txcourts.gov/media/1461640/25909...
Tex. Prop. Code 24.005(a) (S.B. 38, 2025); Tex. R. Civ. P. 510 (as amended eff. 2026-01-01) · read
Statewide just-cause rule
No statewide just-cause requirement
- No statewide just-cause/good-cause statute found in Prop. Code Chapters 24, 91 or 92; a month-to-month tenancy may be terminated by either party on notice under 91.001.
For Texas landlords
- Find the period for your situation in the table above and count it from the day the notice is delivered.
- Deliver the notice the way Texas law allows and keep a record of how and when.
- A notice is not a court order and does not by itself remove a tenant.
For Texas tenants
- Compare the notice you received with the period for its situation in the table above and the date it reached you.
- A notice is not a court order. If a case is filed, the court papers say how and by when to respond.
- Local legal aid and tenant organizations can explain your options.
How an eviction generally proceeds
A general outline, not Texas law: the steps, their names and their deadlines differ by state and court. The Texas rules LeaseCraft has verified are the ones above.
- Written notice. The landlord gives the notice the situation calls for and waits out its period.
- Court filing. If the tenant has not paid, cured or left, the landlord files an eviction case in court.
- Hearing. Both sides can be heard; the tenant may raise defenses such as an improper notice.
- Judgment. The court decides who has the right to the property.
- Removal. If the court rules for the landlord, removal follows its order. A notice is not a court order and does not by itself remove a tenant.
Texas eviction questions
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3 calendar days, under Tex. Prop. Code 24.005(a) as amended by Acts 2025, 89th Leg., R.S., ch. 960 (S.B. 38), eff. 2026-01-01; Tex. Prop. Code 24.0042. Tex. Prop. Code 24.005(a): at least three days' written notice to vacate before filing a forcible detainer (eviction) suit, 'unless the parties have contracted for a shorter or longer notice period in a written lease or agreement'. LeaseCraft read this at the official source on 2026-09-27.
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3 calendar days, under Tex. Prop. Code 24.005(a), (e). Texas has no statutory comply-or-quit/cure notice: Prop. Code 24.005(a) requires only 'at least three days' written notice to vacate' for any tenant 'who defaults', and the lease may set a shorter or longer period. LeaseCraft read this at the official source on 2026-09-27.
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30 calendar days, under Tex. Prop. Code 91.001(a),(b),(e). Statutory text is 'one month', not 30 days: the tenancy terminates on the later of the day given in the notice or 'one month after the day on which the notice is given' (Prop. Code 91.001(a),(b)). LeaseCraft read this at the official source on 2026-09-27.
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From 2026-01-01 (Prop. Code 24.005(f-3), S.B. 38): notice must be delivered by at least one of (1) mail, including first class, registered, certified mail or a delivery service; (2) delivery to the inside of the premises in a conspicuous place; (3) hand delivery to any tenant of the premises 16 or older; or (4) if the parties agreed in writing, electronic communication including e-mail; (f-4): the method list does not apply if the tenant actually receives the notice. Former (f)-(f-2) (inside-door/outside-door sealed envelope 'IMPORTANT DOCUMENT' procedure) repealed by S.B. 38 sec. 15. Source: Tex. Prop. Code 24.005(f-3), (f-4) as added by Acts 2025, 89th Leg., R.S., ch. 960 (S.B. 38). LeaseCraft read this at the official source on 2026-09-27.
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No statewide just-cause requirement, under Tex. Prop. Code 91.001; 24.005. No statewide just-cause/good-cause statute found in Prop. Code Chapters 24, 91 or 92; a month-to-month tenancy may be terminated by either party on notice under 91.001. LeaseCraft read this at the official source on 2026-09-27.
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7 calendar days, under Tex. Prop. Code 91.001(c). Prop. Code 91.001(c): where the rent-paying period is less than a month, the tenancy ends on the later of the day given in the notice or the day after a period 'equal to the number of days in the rent-paying period' has run from the day notice is given. LeaseCraft read this at the official source on 2026-09-27.
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Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.