TXState guide

Texas eviction notice

Texas landlords must give a written notice to vacate before filing a forcible detainer case. For unpaid rent, the notice usually gives the tenant 3 days to pay or leave. The notice is not the eviction case; it is the step that makes the case possible.

This page covers the 3-day rule, how to count it, how to deliver the notice, and the mistakes that get a case dismissed in justice court.

Written by Nora Whitfield, editorial lead. State rules checked by Samuel Okafor, rules editor, on October 20, 2026.

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Signing rule at a glance

No notaryNo witnesses3-day periodRules cited

Texas gives a tenant 3 days to pay the rent or vacate before a nonpayment case may be filed. A written lease may set a different period; the lease controls.

Texas gives a tenant 3 days to pay the rent or vacate before a nonpayment case may be filed. A written lease may set a different period; the lease controls. Source: Tex. Prop. Code § 24.005.

Source: Tex. Prop. Code § 24.005 (opens the official source in a new tab).

The 3-day notice

Texas Property Code 24.005 requires at least 3 days' written notice to vacate before a landlord files a forcible detainer suit. The notice must state the amount of rent owed and give the tenant the choice to pay or vacate within the period.

Citation: Tex. Prop. Code § 24.005 (opens the official source in a new tab).

The notice period is calendar days unless the lease or the statute says otherwise. The day of service usually does not count, and the tenant is entitled to the full period. Put the deadline date on the notice and keep a calendar showing how you counted.

State the amount of rent due, not an estimate.
Give the tenant the option to pay or vacate.
Name the person and place where rent can be paid.
Keep a copy of the signed notice and proof of delivery.

Serving the notice

Texas allows delivery by personal service, by leaving a copy with someone over 16 at the property, or by posting it on the inside of the main entry door. Mailing is also allowed in some circumstances, but it adds time. Follow the statute and the lease.

Photograph the posted notice with a date stamp, keep the mailing receipt, and write down the date, time and method. A process server's affidavit is stronger than a note to yourself. If the tenant refuses to accept delivery, document that too.

Do not change the locks, shut off utilities or remove the tenant's property. A self-help eviction can expose the landlord to damages and can undermine the court case.

Filing in justice court

If the tenant does not pay or leave, the landlord files a forcible detainer case in the justice court for the precinct where the property is located. The petition should attach the notice and the lease. The court sets a hearing, usually within a short window.

The tenant can appear and raise defenses, including payment, improper notice or habitability problems. The court decides possession; the landlord may have to file a separate case for unpaid rent. A judgment for possession is enforced by the constable, not by the landlord.

What to bring to court

Bring the original lease, the signed notice, proof of service, a rent ledger and the payment records. If the tenant paid part of the rent, show how the payment was applied. If the notice amount was wrong, the court may dismiss the case and require a new notice.

Check the justice court's local rules before the hearing. Some courts require an electronic filing, a cover sheet or a specific petition form. The court clerk can tell you what the precinct requires.

Filled sample, Texas

Eviction notice (pay or quit)

STATE OF TEXAS

This notice is given on October 6, 2026 by Ridgeway Property Group LLC, of PO Box 4412, Austin, TX 78765 (the landlord), to Ana P. Morales (the tenant), for the premises at 813 East 7th Street, Unit 4, Austin, TX 78702, in Travis County, State of Texas. The tenancy is governed by the lease dated November 1, 2025 and by the laws of the State of Texas.

1. Rent due

The rent for the period October 1 to October 31, 2026 was due on October 1, 2026. The monthly rent is $1,650.00. After applying all payments received, the amount now due is $1,650.00 (One thousand six hundred fifty dollars). This amount consists of rent and any lawful charges shown on the attached ledger. No amount for damages or for a disputed fee is included unless it is lawful rent under the lease.

2. Demand to pay or vacate

You are hereby notified that you must pay the amount due stated above, or vacate and surrender possession of the premises, within 3 days after you receive this notice. If you pay the full amount due within that period, this notice will be withdrawn and no court case will be filed on this notice.

3. How to pay

Payment must be made to Ridgeway Property Group LLC at PO Box 4412, Austin, TX 78765. Accepted methods: Money order, cashier's check or the online tenant portal. Ask for a receipt. If you mail a payment, it must be received by the deadline; the postmark date does not extend the deadline unless the lease or state law says it does.

4. If you do not pay or vacate

If you do not pay the full amount due or vacate within the period stated above, the landlord may file a lawsuit for possession in the court with jurisdiction over Travis County. The landlord may also ask the court for rent, court costs and any other relief the law allows. Filing a case does not change the amount you owe.

5. Partial payments

The landlord may accept a partial payment without waiving the right to proceed on this notice. Acceptance of a partial payment does not extend the deadline and does not cure the default.

6. Certificate of service

I served this notice on October 6, 2026 by personal delivery. I am at least 18 years old and I am not the tenant. A copy of this notice is attached to the landlord's file, together with any mailing receipt or photograph of the posted notice.

7. Governing law

This notice is given under the laws of the State of Texas. If a court finds that the notice period or the method of service does not meet the statute, the landlord may re-serve a corrected notice. Nothing in this notice waives a right the tenant has under the lease or under state or local law.

Texas notice: this notice is intended to meet Texas Property Code 24.005. It states the amount of rent owed and gives the tenant the choice to pay or vacate within the period stated above. Keep proof of the date and method of delivery.

Landlord or agent

Landlord or authorized agent

Signature

Printed name: Ridgeway Property Group LLC

Date

Signing requirements: Texas gives a tenant 3 days to pay the rent or vacate before a nonpayment case may be filed. A written lease may set a different period; the lease controls.

Source: Tex. Prop. Code § 24.005.

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State where the document will be used

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Step 1 of 3

Parties and premises

Use the names on the lease. If more than one tenant signed, list them all in the same line or add them exactly as the lease does.

Landlord's full name

Landlord's address for notices

Tenant's full name

Rental address

County

Lease dateOptional

The notice period has a legal minimum. Choose the period your state statute requires, and keep proof of the date you served it.

Signing in Texas

No notary3-day noticeRules cited

Texas gives a tenant 3 days to pay the rent or vacate before a nonpayment case may be filed. A written lease may set a different period; the lease controls.

Source: Tex. Prop. Code § 24.005 (opens the official source in a new tab). Read the Texas guide

Eviction notice (pay or quit)

STATE OF TEXAS

1. Rent due

2. Demand to pay or vacate

3. How to pay

4. If you do not pay or vacate

5. Partial payments

The landlord may accept a partial payment without waiving the right to proceed on this notice. Acceptance of a partial payment does not extend the deadline and does not cure the default.

6. Certificate of service

7. Governing law

Landlord or agent

Landlord or authorized agent

Signature

Printed name: Ridgeway Property Group LLC

Date

Signing requirements: Texas gives a tenant 3 days to pay the rent or vacate before a nonpayment case may be filed. A written lease may set a different period; the lease controls.

Source: Tex. Prop. Code § 24.005.

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Questions about the Texas form

Is a 3-day notice enough in Texas?

For nonpayment of rent, Texas Property Code 24.005 requires at least 3 days' written notice to vacate. Some leases require a longer period, and a longer period is allowed. Follow the lease and the statute.

Can I email or text a Texas eviction notice?

The statute lists specific delivery methods. Email or text may not satisfy it unless the lease and the statute allow electronic notice. Use personal delivery, posting or another method the statute names, and keep proof.

What happens after the 3 days?

If the tenant does not pay or leave, the landlord can file a forcible detainer case in justice court. The court holds a hearing, and if the landlord wins, the constable carries out the possession order.

Not a law firm, not legal advice

PaperDeed is not a law firm and does not provide legal advice. We provide self-help templates and general information about signing rules. If you are unsure whether a document fits your situation, talk to a licensed attorney in your state.

Every rule above names its statute or state form, and links to the official text where the state publishes it online. This state guide was updated on October 20, 2026.