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Late Rent Notice Requirements in Texas 2025

Grace period, late fee cap, and pay-or-quit notice rules , Tex. Prop. Code § 92.019

2 days Grace period before late fee / notice
3 days Pay-or-quit notice period
12% of monthly rent (1+ units) or lesser of $100/12% (4+ units) Late fee cap
$1,168/mo Statewide median gross rent (ACS 2023)
Texas Quick Rule: 2-day grace period if the lease is silent on grace. Late fee cap: 12% of monthly rent for 1-3 unit properties; $100 or 12% (whichever is less) for 4+ unit buildings.
Authority: Tex. Prop. Code § 92.019

In Texas, you cannot file an eviction for unpaid rent until you have served a written notice to vacate and the notice period has expired. The governing law is Texas Property Code Section 24.005, which sets a default of at least three days' written notice unless your lease contracts for a shorter or longer period. Texas is a landlord-favorable state with a short statutory clock, but the 2025 rewrite under S.B. 38 added a pay-or-vacate wrinkle and a fixed list of legal delivery methods that you must follow to keep your eviction from being dismissed.

How many days notice Texas requires

Under Property Code Section 24.005, a landlord must give a defaulting or holdover tenant at least three days' written notice to vacate before filing a forcible detainer (eviction) suit in justice court. Three days is only the statutory floor: if your written lease specifies a shorter or longer notice period, that contracted period controls. Many Texas leases shorten the period to one day or lengthen it, so read your own lease before you count.

The clock is short but strict. You may not file suit with the Justice of the Peace until the full notice period has run and the tenant is still in possession. Texas courts generally start counting the day after delivery, not the day the notice is served.

One important exception sits above state law: the federal CARES Act still requires a 30-day notice to vacate for nonpayment on federally backed or federally subsidized 'covered dwellings.' If your property has a federally related mortgage or accepts certain federal subsidies, that 30-day federal minimum overrides the Texas three-day default.

Pay-or-vacate vs. straight notice to vacate (the SB38 rule)

The 2025 amendment (S.B. 38, effective September 1, 2025, with parts effective January 1, 2026) drew a line that landlords must respect. When possession is terminated solely for nonpayment of rent and the tenant was not late or delinquent in any prior month, your notice must be in the form of a notice to pay rent or vacate, which gives the tenant the chance to bring the account current instead of moving out.

If the tenant was already delinquent in an earlier month, you have a choice: you may serve either a notice to pay rent or vacate or a plain notice to vacate. Using the wrong form for a first-time-late tenant is exactly the kind of defect that gets an eviction thrown out, so classify the tenant's payment history before you draft.

Legal ways to deliver the notice

Section 24.005 now spells out the only delivery methods that count. You must use at least one of the following:

Document the method and date. If you mail the notice, keep proof of mailing; if you post it inside the unit or hand-deliver it, note who received it and when. That record is your evidence at the eviction hearing, and it is where sloppy landlords lose.

Late fees, grace periods, and the right to cure

Texas has no statewide grace period that delays when rent becomes late; that is set by your lease. But Property Code Section 92.019 bars a landlord from charging a late fee until rent remains unpaid for at least two full days after the due date, and the fee must be a reasonable estimate of your damages.

Texas gives tenants no statutory right to cure after the notice-to-vacate period expires. If you accept full rent before filing, you generally waive that notice and must start over. You are not required to accept a partial payment, and doing so can complicate your case, so decide your policy before money changes hands.

Special case: 30-day notice after foreclosure

When a rental building is bought at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease, and the residential tenant timely pays rent and is not otherwise in default, the purchaser must give at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease. This is a separate, longer timeline from the ordinary three-day nonpayment notice, and it applies to the new owner, not the original landlord.

The Pay-or-Quit Notice Process in Texas

Once rent is late and the 2-day grace period has expired, the landlord must serve a formal 3-day pay-or-quit notice (Tex. Prop. Code § 91.001) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in Texas court.

Fill-In Notice Template, Texas

NOTICE TO PAY RENT OR QUIT TEXAS TO: [Tenant Full Name(s)] PROPERTY ADDRESS: [Street Address, City, TX ZIP] NOTICE IS HEREBY GIVEN that rent is past due for the following period: Rental Period: [Month and Year] Monthly Rent: $[RENT AMOUNT] Balance Due: $[TOTAL OWED] The 2-day grace period under Tex. Prop. Code § 92.019 has expired. YOU HAVE 3 DAYS from the date this notice is served to either: (1) Pay the full balance of $[TOTAL OWED] to: [Landlord name and payment address or method] OR (2) Vacate and surrender possession of the premises. FAILURE to comply within 3 days will result in eviction proceedings being filed in Texas court pursuant to Tex. Prop. Code § 91.001. Date Served: [Date] Landlord: [Printed Name] Signature: ___________________________ Phone: [Contact Number]

This page summarizes Texas Property Code Sections 24.005 and 92.019 as amended by S.B. 38 of the 89th Legislature (2025), along with the federal CARES Act notice requirement for covered dwellings. It is general information for landlords, not legal advice. Notice periods can be modified by your written lease, and local justice courts have their own filing procedures. Confirm the current statute text and consult a Texas eviction attorney before filing.

Frequently Asked Questions

How many days notice does a Texas landlord have to give before eviction for late rent?

At least three days' written notice to vacate under Property Code Section 24.005, unless the written lease specifies a shorter or longer period. That contracted period controls if it differs from three days.

Do I have to give a Texas tenant a chance to pay before eviction?

Only in one situation. If the tenant is being removed solely for nonpayment of rent and was not late in any prior month, your notice must be a 'notice to pay rent or vacate.' If the tenant was already delinquent in an earlier month, you may use either that form or a plain notice to vacate.

How must the notice to vacate be delivered in Texas?

By at least one of the methods in Section 24.005: 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 communication if the parties agreed to it in writing.

When can I file the eviction suit after serving notice?

Only after the full notice period has expired and the tenant remains in the unit. You then file a forcible detainer suit with the Justice of the Peace in the precinct where the property is located. Texas courts generally count from the day after delivery.

Can I charge a late fee as soon as rent is a day late in Texas?

No. Property Code Section 92.019 prohibits a late fee until rent has been unpaid for at least two full days after the due date, and the fee must be a reasonable estimate of your costs.

Does federal law change the Texas 3-day notice?

Yes, for federally backed or subsidized 'covered dwellings.' The CARES Act requires a 30-day notice to vacate for nonpayment on those properties, which overrides the Texas three-day default.

Related Guides for Texas Landlords

← Texas Eviction Risk Overview Texas Eviction Notice Templates Texas Security Deposit Limits Texas Rent Increase Calculator Late Rent Rules, All States

Data sourced from Texas published statutes (Tex. Prop. Code § 91.001), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.