A well-prepared and legally compliant Texas eviction notice is the first step to a successful eviction. Create your own printable notice form today with step-by-step help and personalized templates.
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Table of Contents:When evicting a tenant in Texas, a landlord must present a Notice to Quit that provides a suitable legal reason for their removal. It also must give at least the minimum number of days’ legal notice before the process may proceed.
This means you must choose the right kind of eviction notice for your individual circumstances, or the ejection of the tenant may be challenged in court.
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 3-Day Notice to Quit (§ 24.005). This obliges them to pay rent or quit within 72 hours.
If the tenant complies and pays the rent then the notice will be nullified. If they refuse to pay or vacate the property the landlord will be able to pursue the matter further through the courts.
In the case of a lease violation, the landlord may issue a 3-Day Notice to Quit for Non-Compliance (§ 24.005). This will often give the tenant 3 days to correct the breach or they will be obliged to leave the property.
However, unconditional 3-Day Non-Compliance notices can be issued too for more serious offenses. These don’t give the tenant any chance to correct their breach of the lease.
Landlords with tenants on flexible monthly rental agreements may end the tenancy without cause, as long as they provide a 30-Day Eviction letter. If this is used, the tenant must leave the property within 30 days of this notice being delivered (§ 91.001). Be aware, however, if the landlord continues to accept rental payments during this period, the notice will be considered null and void. This does not include any payments of owed back rent.
In order for an eviction to be legal in Texas, it must adhere to a number of critical laws in the state. First of all, an eviction can only be made with a valid reason to do so. This may only happen if:
The eviction notice must also include a few critical pieces of information to be considered legally effective. It must contain:
In addition, the notice will also need to be served to the tenant in one of a few specific ways, otherwise, the tenant will not be considered properly notified. The document must be delivered in one of the following ways:
It is important to note Texas has a rental grace period of 2 days. Therefore notice can only be served to the tenant 2 days after any late payment, (according to the payment date outlined in the lease).
Landlords in Texas must follow the correct eviction process in order to evict a tenant successfully. This can be a relatively short exercise if the tenant complies with the eviction notice. However, there are a few additional steps to take if they decide to contest their ejection from the property.
Writing an eviction notice is a careful process. The wording of the document is specific and it must contain precise information in order to be valid.
However, this process can be made simpler using our specially prepared template and contract generator. This will take you step-by-step through the process of preparing your notice to comply with the laws of Texas.
The final printable legal form will then be able to be used in any of the following counties or cities in the state: Harris county, Dallas county, Tarrant county, Travis county, Bexar county, Collin county, Houston, San Antonio, Austin, Fort Worth
Alternatively, the Notice to Quit document can be prepared by a legal expert or a lawyer. This is nevertheless a more costly and time-consuming approach.
When you prepare your own Texas eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
There are several other legal documents that can be useful for landlords or when managing real estate. If you are currently renting out, or plan to do so in the future, use the following documents below to ensure your property is properly looked after:
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Texas eviction notices in our FAQs below and learn how to use them effectively.
To evict someone in Texas, a landlord must provide a valid eviction notice. This provides a reason for the eviction and a period of time that permits the tenant to cure a lease violation (if allowed) or quit the property.
In many cases, this will resolve the problem. However, if the tenant doesn’t comply with the notice, it will be necessary to go to court to fix the issue. If the court finds in the landlord’s favor, they may call upon a sheriff to forcibly remove the tenant.
The eviction process in Texas usually only takes around 3 weeks to complete. If a valid eviction notice is delivered, this often is enough to get the tenant to leave or cure the issue (if allowed). This can reduce the time down to as little as 3 days from when the notice has been served.
There are a few ways to serve eviction notices in Texas. These forms may be delivered to the tenant in one of the following ways:
If the tenant fails to comply with the notice, the landlord will need to visit their local Justice of the Peace Court. They will then need to file a Petition for Eviction from a Residential Permit.
You are only a few steps away from your own Texas Eviction Notice!
Download our professional examples_________
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_________, Texas _________
TO TENANT(S), ALL OTHER RESIDENTS AND UNNAMED OCCUPANTS OF THE PREMISES LOCATED AT:
_________, _________, Texas _________
PLEASE TAKE NOTICE that pursuant to the tenancy or rental agreement you are justly indebted to the owner or landlord of the herein described premises and that notice is hereby given that there is now due, unpaid and delinquent rent in the total sum of $_________, representing rent due for the period from _________ to _________.
WITHIN THREE (3) days after service on you of this notice, you are hereby required to pay the amount of the above-stated rent in full OR quit and vacate the subject premises and turn over possession thereof to the owner or landlord _________ or his/her authorized agent. PLEASE TAKE FURTHER NOTICE that if you do not pay the rent in full OR quit and vacate the premises WITHIN THREE (3) days as required by this notice, the undersigned does hereby elect to declare the forfeiture of your lease deposit and/or rental agreement. In addition, the owner or landlord will institute a forcible detainer lawsuit against you to declare the forfeiture of your lease deposit and/or rental agreement and recover possession of said premises. Such proceedings could result in a judgment against you, which may include court costs and attorney fees, as well as damages, including rent found due, as may be allowed under the laws of the State of Texas. The exact date and time by which you are required to pay in full or vacate is _________ at _________.
THIS IS INTENDED AS A THREE (3) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS TERMINATION OF TENANCY IS IN ACCORDANCE WITH TEXAS STATE PROPERTY CODE § 24.005.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF TEXAS INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
By: ______________________________
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_________, _________ _________
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I, the undersigned, being at least 18 years of age, declare under penalty of perjury that I served the above notice, of which this is a true copy, on the following tenant(s) in possession in the manner(s) indicated below:
__ On _____________, I handed the notice to the tenant(s) personally.
__ On _____________, I handed the notice to a person at the premises who is 16 years of age or older, OR affixed the notice to the inside of the main entry door.
__ On _____________, I securely affixed the notice to the outside of the main entry door, because the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents me from entering the premises to leave the notice to vacate on the inside of the main entry door.
__ On _____________, I mailed a true copy by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question.
Executed on ____________________
Served by ______________________
