3-day pay-or-quit · 3-day cure-or-quit · 30-day / 60-day no-fault, under Tex. Prop. Code § 91 & § 92 (Residential Tenancies)
Eviction notices in Texas must comply with precise statutory requirements, including the correct notice period, required content, and proper service method. A notice with a missing element, incorrect amount, or improper service is void, requiring the landlord to restart the process. Use these state-specific templates as a starting point and verify all requirements against current Texas law before serving.
| Notice Type | Days | Statute | Notes |
|---|---|---|---|
| Non-payment of rent, first-time delinquent tenant | 3 | Tex. Prop. Code § 24.005(a-1) | 3 days written notice to pay rent or vacate for a tenant who was not late or delinquent in prior months. Full payment within the 3 days restores possession; the eviction stops. The lease can extend or shorten the period; 3 days is the statutory default. |
| Non-payment of rent, habitually delinquent tenant | 3 | Tex. Prop. Code § 24.005(a) | 3 days written notice to vacate for a tenant who was late or delinquent in a prior month. No statutory cure right; accepting rent does not restore possession. Choosing between the two non-payment notices is the most consequential drafting decision a Texas landlord makes. |
| Lease violation (non-rent) | 3 | Tex. Prop. Code § 24.005(a) | 3 days written notice to vacate. The lease may specify a different period. Texas leases sometimes specify 24-hour notice for substantial violations like drug activity or weapons. The lease controls if its provision is specific and unambiguous. |
| End of lease term or holdover | 3 | Tex. Prop. Code § 24.005(b) | 3 days for a tenant holding over past the lease's natural expiration. The lease may specify a longer period (60 or 90 days in many single-family rentals where the landlord wanted to keep things friendly). No cure right. |
| Squatter or unauthorized occupant | 0 | Tex. Prop. Code § 24.011, as added by SB-38 | Faster civil-court track for occupants with no rental agreement. SB-38's headline provision (effective 2026-01-01). Specific procedural requirements including a sworn petition and expedited hearing. Consult counsel before invoking; case law is still developing through 2026. |
Use when rent is past due. The tenant has 3 days (excluding the day of service) to pay in full or vacate. Do not accept partial payment after serving without written documentation of your intent to reserve rights.
Use when a tenant has violated a specific lease term (unauthorized pet, occupant, nuisance, etc.). Cite the exact lease clause violated. The tenant has 3 days to cure or vacate.
Use for no-fault termination of a month-to-month tenancy. Texas requires 30 days for tenancies under one year and 60 days for tenancies of one year or more.
Always document service in writing: date, time, method, and who received it. Use a process server for contested evictions. Email service is not valid in Texas unless the tenant has separately agreed in writing.
Informational only, not legal advice. Consult a licensed Texas attorney before serving. Source attribution in the Sources band below.
