What Is a Texas Eviction Notice?
A Texas eviction notice communicates to the tenant that you, as the landlord, plan to pursue eviction proceedings. It provides information about the eviction and the legal actions that may follow. In Texas, the notice also gives tenants three days to remedy the violation or vacate the property, unless the lease provides a longer or shorter period.
You must provide an eviction notice before filing an eviction. This form serves as the first step in the Forcible Entry and Detainer (TX Prop § 24.01) process.
Use Legal Templates’s Texas eviction notice form to maintain compliance when evicting tenants. Our free notices make it easy to meet state requirements.
Types of Eviction Notices in Texas
Your eviction notice form can vary depending on the tenant’s behavior and the remedies you seek. Evaluate the different types of Texas eviction notices to determine the one that works best for you.
3-Day Eviction Notice in Texas (for Nonpayment of Rent)
A 3-day notice to pay rent or quit in Texas demands that a tenant pay overdue rent or vacate the property within three days (TX Property Code § 24.005). You can send this notice as soon as the rent becomes overdue. TX Property Code § 92.019(a)(3) allows a two-day grace period before you can charge late fees, but it doesn’t stall the delivery of a notice to pay rent or quit.
3-Day Notice to Pay Rent or Quit
Give a 3-day eviction notice for non-payment before proceeding with a lawsuit.
3-Day Eviction Notice in Texas (for Noncompliance)
When you want to evict tenants who have violated the terms of the lease agreement, begin by sending a 3-day notice to comply or quit. In this notice, you can outline the steps the tenant must take to remedy the violation. You can also highlight the option they have to vacate the premises voluntarily.
3-Day Notice to Quit for Non-Compliance
Let a tenant know they've breached the lease and will face eviction unless they rectify the violation within three days.
Do You Have 30 Days After an Eviction Notice in Texas?
No. For evictions related to nonpayment and noncompliance with the lease, tenants only have three days to address the concern or vacate the property. A 30-day notice to vacate is only used for ending month-to-month leases without cause.
How to Evict a Tenant in Texas
Evicting a tenant in Texas requires you to follow the proper legal procedures. Use the following steps to give notice and remove tenants from your property when necessary.
Step 1 – Choose and Serve Your Notice
Determine the reason for your eviction and the notice form that will be most effective in your situation. Texas law requires a three-day notice for the tenant, regardless of the reason for eviction. Once you have your form completed, serve the tenant via certified mail, hand delivery, or posting it on the inside of the main entry door. Ensure you obtain an affidavit of service for future reference in eviction proceedings.
Step 2 – Wait for the Tenant’s Response
Texas law requires you to give the tenant three days to respond to the eviction notice. Depending on the violation and the terms of the notice, the tenant may remedy the issue or vacate voluntarily within these three days. Remedies can include paying overdue rent, repairing damages, or removing unauthorized occupants. Wait for the tenant’s response, and continue the eviction process if no remedial action is taken within three days.
Step 3 – File and Serve an Eviction Lawsuit
After the notice period passes, you can file a Petition for Eviction from Residential Premises with the Justice of the Peace Court to begin the official eviction process. At this point, Texas also requires you to provide a Case Information Sheet detailing the situation.
Once the petition has been filed, it must be served to the tenant by an uninvolved third party, such as a sheriff, constable, or professional process server.
Step 4 – Attend Court Hearings
After serving the petition, both you and the tenant must attend a court hearing. Typically, the hearing occurs 10 to 21 days after the suit is filed. If the tenant fails to appear, the court will issue a default judgment in your favor. During the hearings, the tenant has the right to provide a Defendant’s Original Answer form to confirm or deny the claims made against them.
Step 5 – Obtain a Decision
After the hearings, the judge will issue a decision. If the decision favors you, the tenant will have five days to appeal or leave the property. If the tenant does not appeal or vacate, you can file a Request for Writ of Possession with the court.
If the Writ of Possession is granted, you can request a sheriff or constable to remove tenants from the premises. They must first post a 24-hour notice, warning the tenant to leave. Then, they can resort to physical removal if the tenant doesn’t comply.
Sample Texas Eviction Notice
View our sample Texas eviction notice form so you can see how to convey the information required under state law. Then customize your own using our Texas eviction notice template, and download the final version in PDF or Word.
