Texas Eviction Notice

Texas notice periods

Each period is the one LeaseCraft's record of the statute holds. Read it with the conditions under it: some periods are minimums and some apply unless the lease sets another. "Lease controls" means the record holds no statutory period for that situation, and "No pre-suit notice" means it holds no notice before filing. The source column shows the law and the date LeaseCraft read it on the official site (most recently 2026-09-27).

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).

Delivery, form and other Texas rules

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 2026-09-27

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/1461640/259096.pdf

Tex. Prop. Code 24.005(a) (S.B. 38, 2025); Tex. R. Civ. P. 510 (as amended eff. 2026-01-01) · read 2026-09-27

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.

Tex. Prop. Code 91.001; 24.005 · read 2026-09-27

Preparing the notice

The form asks for the tenancy, the kind of notice and the dates, and the notice ends with a Certificate of Service to record how you delivered it. Beside the finished notice you get a Texas checklist of the period, form and delivery rules LeaseCraft recorded. The period in the notice is the one you choose; where LeaseCraft has verified the Texas period and your deadline is too soon, the document is not prepared until you move it.

Create a Texas eviction notice

A notice is not a court order and does not by itself remove a tenant. Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.

Eviction Notice rules in nearby states

Eviction Notice rules for every state