Free Texas 3 Day Notice To Vacate Form

Texas 3-Day Notice To Vacate Meaning

A Texas 3-day notice to vacate is a written demand for possession. The person entitled to possession of the property must make the demand in writing, and it must meet the notice to vacate requirements of Section 24.005.^[2.1] The notice is the first step. Evicting a tenant runs through the court.^[2.11]

Texas 3-Day Notice To Vacate Form Details

The FormsPal template is a one-page notice to vacate that a landlord completes when a tenant has not complied with the lease. This eviction notice template is one of several notices used in Texas, and the Texas eviction notice templates page lists the others. The form has lines for the tenant, the landlord, the rental property and the delivery method. You can fill out the form online or download the PDF.

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Texas Law on the 3-Day Notice To Vacate

Section 24.005 of the Tex. Prop. Code sets the notice rule. A landlord must give written notice to vacate at least three days before filing a forcible detainer suit.^[2.3] The exact wording is below.

The landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.

• The demand for possession must be made in writing by a person entitled to possession of the property. It must comply with the requirements for notice to vacate under Section 24.005.^[2.1]
• A tenant at will or by sufferance gets the same notice. The landlord must give at least three days' written notice to vacate before filing a forcible detainer suit, unless the parties set a different period in writing.^[2.3]
• If the right of possession ends based solely on nonpayment of rent, and the tenant was not late or delinquent in paying rent before the month in which the notice is given, the written notice must be given in the form of a notice to pay rent or vacate.^[2.3]

Month-to-Month and Week-to-Week Tenancies

A 3-day notice to vacate is not the only notice that can end a tenancy. Under Section 91.001 of the Tex. Prop. Code, a monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.^[1.1] The date the tenancy ends depends on the rent-paying period.

• Rent-paying period of at least one month: the tenancy terminates on whichever day is later, the day given in the notice for termination or one month after the day on which the notice is given.^[1.2]
• Rent-paying period of less than a month, as in a week-to-week tenancy: the tenancy terminates on whichever day is later, the day given in the notice or the day following the expiration of a period. That period begins on the day on which notice is given and extends for a number of days equal to the number of days in the rent-paying period.^[1.2]

How To Fill Out the Texas 3-Day Notice To Vacate Form

The Texas 3-day notice to vacate form is one page long. It has four parts, from the TO line at the top to the Means of Delivery boxes at the bottom. A landlord uses it to give a tenant written notice before an eviction suit. Complete the parts in the order below.

The screenshots under each step show the FormsPal Texas 3-day notice to vacate template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. TO: Tenant Write the tenant's name on the TO line.

   

2. FROM and RE: Landlord and Property Enter the landlord's name on the FROM line. On the RE line, describe the property named in the lease.

   

3. Paragraph B: When the Right to Occupy Ends Check the option you are using: 3 days from delivery by certified mail, or a stated date. For a stated date, fill in the day, month and year. Read the starred note on the form about the earliest date you can use.

   

4. Signature, Date and Means of Delivery Sign on the Landlord line and enter the date. If someone signs for the landlord, fill in the By and as ___ for Landlord lines. Then check how the notice is delivered and complete that line: the certified mail number, hand delivery (to whom, when and by whom), or affixed to the inside of the main entry door (when and by whom).

   

How to Serve the Texas 3-Day Notice To Vacate

Serving the notice means getting it to the tenant in a way the law accepts. A notice required by Section 24.005 must be delivered using at least one of the methods the statute lists.^[2.3] Pick one, deliver the signed notice and keep a record of it.

1. Choose a delivery method. The statute allows mail, including first class mail, registered mail, certified mail, or a delivery service. It also allows delivery to the inside of the premises, in a conspicuous place, and hand delivery to any tenant of the premises who is 16 years of age or older. If the parties have agreed in writing, electronic communication, including e-mail or other electronic means, works too.^[2.3]
2. Deliver the signed notice. Use the method you checked on the form.
3. Keep a record. In practice, keep a dated copy of the signed notice and any proof of delivery, such as a certified mail receipt.
4. Count the notice period. Give at least three days' written notice before filing a forcible detainer suit, unless the parties set a different period in writing.^[2.3]

What Happens After the Notice Period

If the tenant stays, the landlord needs the court. Evicting a tenant runs through the court, and a sworn petition must be filed to start an eviction suit.^[2.11] A notice to vacate alone does not remove a tenant.

• The landlord files a sworn petition with the court to initiate the eviction suit.^[2.11]
• For a writ, a written warning of at least 8-1/2 by 11 inches must be posted on the exterior of the front door of the rental unit.^[2.10]
• The writ is executed on or after the date and time stated in the warning, not sooner than 24 hours after the warning is posted.^[2.10]

Frequently Asked Questions

Can You Get a 3-Day Eviction Notice in Texas?

Yes. A landlord must give at least three days' written notice to vacate the premises before filing a forcible detainer suit. The parties can set a shorter or longer period in writing.^[2.3]

Can You Get Evicted in Texas Without Going to Court?

Evicting a tenant runs through the court. To start an eviction suit, a sworn petition must be filed with the court.^[2.11]

How Long Do You Have After a Writ of Possession in Texas?

A written warning of at least 8-1/2 by 11 inches must be posted on the exterior of the front door of the rental unit. The writ will be executed on or after the date and time stated in the warning, not sooner than 24 hours after the warning is posted.^[2.10]

Can I Kick Someone Out of My House Without Notice in Texas?

No. The demand for possession must be made in writing by a person entitled to possession of the property. It must meet the notice to vacate requirements of Section 24.005.^[2.1]

General information, not legal or tax advice.

Other Texas Forms
Some other essential Texas forms available for download on FormsPal and that can be modified in our hassle-free document maker.

Texas Living Will Texas Last Will Texas Small Estate Affidavit Texas Bill of Sale Texas Power of Attorney Texas Rental Lease Agreement Texas Promissory Note Texas Non-compete Agreement Texas Prenuptial Agreement Texas LLC Operating Agreement Texas Marital Settlement (Divorce) Agreement

Sources

Unless noted otherwise, the sources below are from the Texas Family Code, published by the Texas Legislature Online.

1. Texas Legislature Online. Texas Family Code §§ Tex. Prop. Code 91.001(a) to 91.001.
   • 1.1 Tex. Prop. Code 91.001(a)
   • 1.2 § 91.001
2. Texas Legislature Online. Texas Family Code §§ 24.002 to 24.00505.
   • 2.1 § 24.002
   • 2.2 § 24.004
   • 2.3 § 24.005
   • 2.4 § 24.006
   • 2.5 § 24.007
   • 2.6 § 24.0041
   • 2.7 § 24.0043
   • 2.8 § 24.0051
   • 2.9 § 24.0053
   • 2.10 § 24.0061
   • 2.11 § 24.00505

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