Texas Notice to Vacate: How to Give the 3-Day Notice Before an Eviction

In Texas, a landlord must give a tenant at least three days' written notice to vacate before filing an eviction suit, unless the written lease sets a shorter or longer period (Property Code 24.005(a)). For unpaid rent from a tenant who was never late before that month, the notice must be a notice to pay rent or vacate.

The Texas notice to vacate is the step most evictions fail on, and the rules changed on January 1, 2026, when Senate Bill 38 took effect. This how-to covers the current text of Property Code chapter 24.

What do you need before giving a Texas notice to vacate?

Before giving a Texas notice to vacate, have these ready:

• The lease. Check for a notice period different from three days, and whether it allows electronic notice.
• The rent history. Whether the tenant was late before the month you give notice decides which kind of notice you may use.
• The reason: unpaid rent, another default, or holding over after the lease ended.
• A delivery plan and a way to prove it, such as a photo, a mail receipt or a witness.

How do you give a Texas notice to vacate, step by step?

A Texas notice to vacate is given in five steps.

1. Pick the right type of notice. If the tenant's right of possession ends solely for nonpayment and the tenant "was not late or delinquent in paying rent to the landlord before the month in which the notice is given", the notice must be a notice to pay rent or vacate. If the tenant was late before, you may use either that or a plain notice to vacate (24.005(a)).
2. Set the period. At least three days, unless the written lease sets a different period (24.005(a)). For a tenant at will or by sufferance it is also three days unless agreed otherwise (24.005(b)). A buyer at a foreclosure sale who chooses not to continue the lease must give a residential tenant who pays on time and is not otherwise in default at least 30 days (24.005(b)). Federal law adds to this: under the Protecting Tenants at Foreclosure Act, revived in 2018 by Pub. L. 115-174 §304, which repealed its sunset, the immediate successor in interest after a foreclosure must give a bona fide tenant a notice to vacate at least 90 days before its effective date, and must honour a bona fide lease made before the notice of foreclosure until the end of its term. The one exception is a sale to a purchaser who will occupy the unit as a primary residence, who may end the lease on the date of sale but must still give the 90-day notice (12 U.S.C. 5220 note).
3. Write it. Name the tenant and the address, state the amount owed for a pay-or-vacate notice, and give the date by which they must pay or leave.
4. Deliver it by an approved method (see the table below).
5. Count the days under section 24.0042, then file only after the notice period has run.

The delivery rules do not apply if the tenant actually receives the notice (24.005(f-4)).

How do you count the days on a Texas notice to vacate?

Texas counts eviction time periods in calendar days under section 24.0042, in effect since January 1, 2026: the day of delivery does not count, Saturdays, Sundays and holidays do count, the last day counts, and a period that would end on a weekend or a state or federal holiday runs to the next business day.

Example: you hand a three-day notice to the tenant on a Wednesday. Thursday is day 1, Friday day 2 and Saturday day 3; because day 3 falls on a Saturday, the period runs to Monday. On a conservative reading, file no earlier than Tuesday.

What other notice rules apply in Texas?

• Holdover tenants. If you evict because the tenant stayed past the end of the term, you must also comply with section 91.001, which ends a month-to-month tenancy on the later of the date in the notice or one month after notice is given, unless both parties signed a different notice period (24.005(a); 91.001).
• Federal notice periods. If a federal law or rule requires a longer notice, you need not delay filing, but the writ of possession cannot be served until the federal period has passed since your notice (24.005(c-1)).
• Attorney's fees. If the lease does not provide for attorney's fees, you can recover them only after sending a written demand by registered or certified mail at least 10 days before filing, warning that fees may be recovered if the tenant does not leave before the 11th day (24.006(a)-(b)).

A notice to vacate is not a lockout. Outside judicial process, Texas allows a lockout for unpaid rent only under the strict notice and key rules in section 92.0081, and a violation exposes the landlord to a civil penalty of one month's rent plus $1,000, actual damages and fees (92.0081(h)).

What if the notice is defective?

If the notice used the wrong type, too short a period or an unapproved delivery method, start again with a correct notice rather than file on a bad one. Then follow our guide to the Texas eviction process in justice court. Rent you are owed is not set off against the deposit; see the Texas security deposit rules. If the tenant has given a repair notice, read Texas landlord repair obligations first, because retaliation rules may apply.

Frequently asked questions

How many days' notice to vacate does a Texas landlord have to give?

At least three days' written notice before filing an eviction, unless the written lease sets a shorter or longer period (Property Code 24.005(a)).

Can a Texas notice to vacate be taped to the door?

The current delivery methods in 24.005(f-3) are mail, delivery to the inside of the premises in a conspicuous place, hand delivery to a tenant 16 or older, or electronic delivery if agreed in writing. Posting on the outside of the door is not on the list.

Do weekends count in a Texas 3-day notice?

Yes. Under 24.0042, Saturdays, Sundays and holidays count, but if the last day falls on one, the period extends to the next business day.

Can I text a notice to vacate in Texas?

Only if you and the tenant agreed in writing to electronic communication (24.005(f-3)(4)), unless the tenant actually receives it (24.005(f-4)).

Every step must also be applied the same way to all tenants under the Fair Housing Act. More guides are in the Tenon10 topic hub.