A Texas eviction notice is a written notice a landlord serves on a tenant to end the tenancy for nonpayment of rent, a lease violation, or without cause, before filing an eviction case in court. Texas law calls this a notice to vacate, and the eviction notice template changes shape with the reason for the eviction.
You can find a Texas eviction notice template online and fill it out yourself, or ask a landlord-tenant attorney to review it. The notice should name the tenant, describe the rental unit, state the violation, and give the number of days the tenant has to fix it or move out.
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A Texas eviction notice is also called a notice to quit or a notice to vacate. All three names refer to the same document.
Texas eviction law lives in Title 4, Chapter 24 of the Texas Property Code. Before a landlord can file an eviction suit, the landlord must first serve the tenant with written notice to vacate, and the type of breach decides how many days that notice must give the tenant.[1.3]
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Texas law. If you notice an error or outdated information, please contact us.
Texas law allows the landlord to deliver the notice to vacate in several ways:[1.3]
Any demand for possession must be in writing and must meet these same notice-to-vacate requirements.[1.1] When a landlord is evicting solely for unpaid rent and the tenant was not late the month before, the notice must take the specific form of a notice to pay rent or vacate.[1.3]
If a new owner buys the rental property at a tax or trustee's foreclosure sale and chooses not to continue the existing lease, the tenant must get at least 30 days' written notice to vacate. This 30-day notice applies to a tenant who has kept paying rent on time.[1.3] To recover attorney's fees in an eviction suit, the landlord must first send the tenant a written demand to vacate.[1.4]
When that demand also supports a claim for attorney's fees, it must go by registered mail or by certified mail, return receipt requested, at least 10 days before the landlord files suit.[1.4] Only the Texas Legislature can change or suspend the procedures this chapter sets out.[1.7]
"A notice required by this section must be delivered using at least one of the following methods: mail, including first class mail, registered mail, certified mail, or a delivery service; delivery to the inside of the premises, in a conspicuous place; hand delivery to any tenant of the premises who is 16 years of age or older; or if the parties have agreed in writing, electronic communication, including e-mail or other electronic means."
| Rent Grace Period | 2 days |
| Notice of Non-Payment | 3 days[1.3] |
| Notice of Non-Compliance | 3 days[1.3] |
| State Laws | Tex. Prop. Code, Title 4, Chapter 24 |
Texas landlords use three main notice types, and the type depends on why the landlord is ending the tenancy. A nonpayment or lease-violation notice must give the tenant at least three days before the landlord can sue, and a no-cause notice to end a month-to-month tenancy has its own separate timing rule.[1.3]
When a landlord and tenant cannot resolve a lease dispute on their own, Texas law sends the case to a justice court for the precinct where the rental property sits. The court hears the case, sets a trial date, and issues the final judgment.[1.2][1.6]
The landlord completes the notice to vacate in writing, matching the notice period to the type of breach. This notice is the tenant's legal warning that a limited number of days remain to fix the problem or move out.
If the tenant does not cure the nonpayment or noncompliance and does not move out within the notice period, the landlord may file a sworn petition with the justice court. Texas eviction suits do not allow counterclaims or joining other parties into the case.[1.2]
After the petition is filed, the tenant has the right to answer, hire an attorney, and prepare a defense. Responding means filing an official answer form for the court to review. The court must hold the trial no sooner than the 10th day and no later than the 21st day after the petition is filed. The trial may be postponed by up to seven days if both sides agree in writing.[1.8]
On the trial date, the judge announces the ruling. If the judge rules for the landlord, the court issues a writ of possession, which gives the landlord the legal right to have a sheriff or constable remove the tenant from the property.
Either side may appeal a justice court eviction judgment by filing a bond, a cash deposit, or a statement of inability to pay court costs within five days after the judgment is signed.[1.8] A tenant who appeals must swear, under penalty of perjury, to a good faith belief in a real defense and that the appeal is not just a delay tactic.[1.8]
If the appeal challenges a judgment for unpaid rent, the tenant must also pay one rental period's rent into the justice court's registry within five days of filing the appeal.[1.9] On a further appeal to county court, the judgment stays on hold only if the tenant files a supersedeas bond, in an amount the county court sets, within 10 days of the signing of the judgment.[1.5]
A Texas eviction moves through three main court papers: the petition that opens the case, the tenant's answer, and the writ that authorizes removal once the landlord wins. Each one has its own purpose in the case file.
This paper is completed by the landlord and submitted to the court in his or her local county to initiate legal eviction of the tenant.
It is used as an official reply of the tenant to the landlord's allegations, notwithstanding his or her intention to defend or agree with the accusations.
This paper is issued to the landlord in case the tenant continues to occupy the residential premises after the court has officially declared the necessity of eviction. It authorizes the lessor to request a legal enforcement officer to remove the tenant from the rental property.
A writ of possession cannot be issued until at least the sixth day after the judgment for possession is signed, unless the landlord has already filed and had a possession bond approved under the Texas Rules of Civil Procedure.[1.10] Once the writ issues, the officer must post a written warning at least 8-1/2 by 11 inches on the front door of the rental unit. The warning must state the exact date and time of removal, which may be no sooner than 24 hours after the warning is posted.[1.10]
Yes. The tenant must get written notice at least three days before an eviction for nonpayment of rent. This three-day minimum applies unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.[1.3] The same three-day minimum applies to a lease violation other than nonpayment.
No. Evicting a tenant in Texas always runs through the court. To start the case, the landlord must file a sworn petition with the justice court for the precinct where the property is located, and only a judge can order the tenant removed.[1.11]
Once a writ of possession issues, the officer enforcing it must post a written warning at least 8-1/2 by 11 inches on the front door of the rental unit. The warning states the date and time of removal, and that date must be at least 24 hours after the warning is posted.[1.10]
No. Any demand for possession must be made in writing by a person entitled to possession of the property, and it must meet the same requirements as a notice to vacate under Texas law.[1.1] Self-help removal without notice or a court order is not a lawful shortcut.
This page is general information about Texas eviction notices, not legal advice. For advice on your situation, talk to a Texas landlord-tenant attorney.