Texas eviction notice rules
Checked against Texas Constitution and Statutes (statutes.capitol.texas.gov) on 2026-10-13. Official source.
| Notice | Rule | Statute |
|---|---|---|
| Pay rent or quit | At least 3 days' written notice to vacate before filing, unless the written lease sets a shorter or longer period. If the tenant was not late before the month of the notice and the only ground is nonpayment, the notice must be a notice to pay rent or vacate. | Tex. Prop. Code § 24.005(a) |
| Cure or quit | Texas uses the same 3-day notice to vacate for lease defaults (unless the lease says otherwise). There is no separate statutory cure period in § 24.005; if your lease gives one, use the lease period. | Tex. Prop. Code § 24.005(a) |
| Unconditional quit | At least 3 days' written notice to vacate before filing an eviction suit, unless the written lease sets a different period. | Tex. Prop. Code § 24.005(a) |
| Notice to vacate (landlord) | A month-to-month tenancy ends on the later of the date in the notice or one month after the notice is given, unless a document signed by both sides sets a different period.If the tenant then holds over, a 3-day notice to vacate under § 24.005 is still needed before filing. | Tex. Prop. Code § 91.001 |
| Notice to vacate (tenant) | Same rule for tenants: the later of the date in the notice or one month after the notice is given. | Tex. Prop. Code § 91.001 |
How to serve an eviction notice in Texas
At least one of: mail (first class, registered, certified or a delivery service); delivery to the inside of the premises in a conspicuous place; hand delivery to any tenant 16 or older; or electronic delivery if agreed in writing. These rules do not apply if the tenant actually receives the notice.
- Mail (first class, registered, certified or delivery service)
- Delivery to the inside of the premises
- Hand delivery to a tenant 16 or older
- Email or other electronic means (if agreed in writing)
Source: Tex. Prop. Code § 24.005(f-3), (f-4) (as amended effective Jan. 1, 2026)
Before you serve
- Some federally backed or subsidized properties must give a longer notice under federal law; § 24.005(c-1) explains how that interacts with the state notice.
Compare with other states on the eviction notice periods by state table.
Frequently asked questions
How many days' notice for unpaid rent in Texas?
At least 3 days' written notice to vacate before filing, unless the written lease sets a shorter or longer period. If the tenant was not late before the month of the notice and the only ground is nonpayment, the notice must be a notice to pay rent or vacate. Source: Tex. Prop. Code § 24.005(a).
How much notice does a Texas landlord give to end a month-to-month tenancy?
A month-to-month tenancy ends on the later of the date in the notice or one month after the notice is given, unless a document signed by both sides sets a different period. Source: Tex. Prop. Code § 91.001.
How much notice does a Texas tenant give to move out?
Same rule for tenants: the later of the date in the notice or one month after the notice is given. Source: Tex. Prop. Code § 91.001.
How is an eviction notice served in Texas?
At least one of: mail (first class, registered, certified or a delivery service); delivery to the inside of the premises in a conspicuous place; hand delivery to any tenant 16 or older; or electronic delivery if agreed in writing. These rules do not apply if the tenant actually receives the notice. Source: Tex. Prop. Code § 24.005(f-3), (f-4) (as amended effective Jan. 1, 2026).
Is this Texas eviction notice legal advice?
No. It is a template and a summary of the statute as we read it on the date shown. Local ordinances, rent regulation, subsidized housing and federal rules can add requirements. Talk to a licensed attorney or legal aid if you are unsure.
More free landlord tools
- Rent Receipt Maker
Free rent receipts in Word and PDF
- Lease Agreement Builder
State-specific residential lease agreements
- Rental Application Maker
Rental application forms for screening tenants
Last updated · Written by the EvictionNoticeMaker editorial team and checked against the official state statutes cited on each page. Templates and general information, not legal advice.