Texas Eviction Notice for Unpaid Rent

What Texas law says

• Section 24.005(a): at least three days written notice to vacate, unless the parties agreed otherwise in a written lease or agreement.
• If the tenant was not late or delinquent before the month of the notice, the notice must be a notice to pay rent or vacate.
• If the tenant was already late, the landlord may use either a notice to pay rent or vacate or a notice to vacate.
• Delivery by mail, delivery to the inside of the premises in a conspicuous place, or hand delivery to a tenant 16 or older; email only if agreed in writing.
• The delivery rules do not apply if the tenant actually receives the notice (24.005(f-4)).

Steps for a landlord

• Read the written lease for a different notice period.
• Use a pay rent or vacate notice if the tenant was on time the prior month.
• Deliver by an allowed method and keep proof.
• Wait out the notice period before filing the suit.

What to put in the notice

• The names of the tenants and the address of the rental
• The amount of rent owed and the rental period it covers
• The number of days the tenant has to pay or move out, and the date that period ends
• The date, how the notice was delivered, and who delivered it
• Your name and contact details, with your signature

Things to watch

• The statute text we read does not say whether days are calendar or business days; check the statute or a local attorney.
• The Law Library says a federal notice rule can require a longer period in some cases.
• Cities and counties can add their own rules, including rent control and extra notice requirements. Check your local rules too.

About this page

We checked this page against the official sources listed below in November 2026. Where an official page did not say something, we say so. Laws change and courts read them differently, so confirm the current rule with the statute, the court or a local attorney before you act. This is general information, not legal advice.