A 30-day eviction notice in Texas is the written notice a landlord uses to end a month-to-month tenancy before filing an eviction suit. The governing statute actually requires one full calendar month of notice rather than a flat 30 days, and that distinction matters when a month has 28 or 31 days.1State of Texas. Texas Property Code 91.001 – Notice for Terminating Certain Tenancies Get the notice right and the rest of the process is straightforward. Get it wrong and a judge can throw the case out before hearing anything else.
When One Month’s Notice Applies
Section 91.001 of the Texas Property Code covers tenancies without a fixed end date. That includes a written lease that has rolled over to month-to-month after its initial term, and an informal arrangement with no written lease at all. Either the landlord or the tenant can end the tenancy with written notice, and the tenancy ends on the later of two dates: the date stated in the notice, or one month after the notice was given.1State of Texas. Texas Property Code 91.001 – Notice for Terminating Certain Tenancies
The required notice tracks how often rent is paid. A weekly tenant is entitled to one week. A tenant who pays every two weeks gets two weeks. Monthly tenants get one month.1State of Texas. Texas Property Code 91.001 – Notice for Terminating Certain Tenancies
If the tenant has a fixed-term lease that hasn’t expired, Section 91.001 doesn’t apply. The lease itself controls when the tenancy ends. A one-month termination notice is also separate from the three-day notice to vacate used when a tenant defaults on rent or holds over after a lease ends.2State of Texas. Texas Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits Landlords often combine both purposes in one document, telling the tenant the month-to-month tenancy is ending and that they must vacate by the termination date. As long as the notice gives at least one full month and clearly directs the tenant to leave, it satisfies both statutes.
When the Lease Sets a Different Notice Period
Section 91.001 allows the parties to agree in writing to a different notice length, including no notice at all.3Texas State Law Library. Ending the Lease – Landlord/Tenant Law Section 24.005 similarly lets the parties contract for a shorter or longer period than the default three days before an eviction suit can be filed.2State of Texas. Texas Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits
Read the lease before doing anything else. If it says the landlord must give 60 days, that’s the deadline. If it says 10 days, the tenant agreed to that shorter window. Lease terms control unless they conflict with a protection the statute does not allow either side to waive.
The Separate Federal 30-Day Rule for Some Subsidized Housing
A federal rule finalized in late 2024 requires public housing authorities and certain HUD-assisted project-based landlords to give at least 30 days’ written notice before filing an eviction for nonpayment of rent. As of early 2026, HUD has delayed a proposal to rescind that requirement, so the federal 30-day notice rule remains in effect for these properties.
The federal notice must include an itemized rent breakdown by month, instructions for curing the nonpayment, the payment deadline, and information about income recertification or hardship exemptions. If the tenant pays the full amount owed within the 30-day window, the landlord cannot proceed. This rule does not apply to Housing Choice Vouchers (formerly Section 8 vouchers) or project-based vouchers. It covers public housing and certain HUD-assisted project-based programs only.
How to Deliver the Notice
Delivery is where evictions most often fall apart. Texas law recognizes two categories: in-person delivery and mail.2State of Texas. Texas Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits
In-person delivery means handing the notice to the tenant, or to any resident of the property who is at least 16 years old. If no one answers, the landlord may enter the premises and attach the notice to the inside of the main entry door. That “inside the door” requirement is unusual, and subsection (f-1) provides an alternative when a keyless deadbolt, an alarm system, or a dangerous animal blocks entry, or when the landlord reasonably believes delivery could result in harm. In that situation, the landlord can tape a sealed envelope marked “IMPORTANT DOCUMENT” to the outside of the front door and mail a copy to the tenant by the end of the same day.2State of Texas. Texas Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits
Mail delivery is also permitted. The statute allows regular first-class mail, registered mail, or certified mail with return receipt requested. Certified mail is not the only option, though many landlords assume so. Mailed notices go to the rental property’s address.2State of Texas. Texas Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits
The notice period starts counting from the day the notice is delivered, not the day after.2State of Texas. Texas Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits Log the date, time, and method. Save the certified mail return receipt if you used one. Photograph a posted notice and keep the mailing receipt if you posted under the alternative method. Justice courts expect this documentation before considering anything else.
What the Notice Should Say
Texas law doesn’t prescribe a specific form, but a judge needs to see a clear, written instruction to leave by a definite date. At a minimum, include the full property address with any unit number, the tenant’s name, a statement that the tenancy is being terminated, and the date by which the tenant must vacate.
The Texas Justice Court Training Center publishes free eviction forms, including a plaintiff’s information packet and a petition template, updated as of January 2026.4Texas Justice Court Training Center. Filing an Eviction Case Using one of those templates cuts down on missed items. Keep a copy of whatever notice you send. You’ll need it to file the eviction petition.
What Happens After the Notice Expires
If the notice period runs out and the tenant hasn’t left, the next step is filing a forcible detainer suit in the justice court for the precinct where the property sits.5Nueces County, TX. Procedures for Filing an Eviction Petition Filing in the wrong precinct gets the case dismissed. Filing fees vary by county, and the constable’s fee to serve the citation is charged on top of that.6Dallas County. Dallas County Justice of the Peace Court 1-1 Filing Fees Call the local court to confirm current amounts and accepted payment methods before you file.
Bring the original notice, proof of delivery, the lease if one exists, and any payment records. Once the petition is filed, the court issues a citation. The hearing must be set no fewer than 10 and no more than 21 days from the filing date, and a constable or sheriff must serve the tenant with the citation at least six days before the hearing.7Texas Office of Court Administration. Rule 510 Eviction Cases
If the judge rules for the landlord, the tenant has five calendar days, including weekends and holidays, to file an appeal. If no appeal is filed, the landlord can request a writ of possession starting on the sixth day after the judgment. Before the writ is executed, a constable must post a written warning on the outside of the front door at least 24 hours in advance, stating the date and time the writ will be carried out.8State of Texas. Texas Property Code 24.0061 – Writ of Possession
What Can Sink a Notice at the Hearing
Defective notice is the most common defense at eviction hearings. If the landlord didn’t give proper written notice, didn’t use a permitted delivery method, or didn’t wait the full notice period before filing, the case gets dismissed. Even a one-day miscalculation can be fatal.
Two other defenses are worth flagging because they interact with the notice itself. If the eviction is filed within six months of the tenant requesting repairs, reporting a code violation, or joining a tenant organization, the law presumes retaliation, and the landlord must overcome that presumption.9State of Texas. Texas Property Code 92.331 – Retaliation by Landlord And a landlord who tries to speed things up by changing locks, cutting utilities, or removing doors before getting a court order faces serious liability. A tenant illegally locked out can recover possession, one month’s rent as a civil penalty, an additional $1,000 penalty, actual damages, court costs, and attorney’s fees. A lease clause trying to waive these protections is void. There is one narrow exception for lock changes: if the lease specifically allows it and the tenant is behind on rent, the landlord may change the door lock after giving at least three days’ written notice, and must still provide a new key at any hour whether or not the overdue rent is paid.10State of Texas. Texas Property Code 92.0081 – Removal of Property and Exclusion of Tenant
How an Eviction Filing Follows a Tenant
An eviction filing is a public court record. Tenant screening companies can report eviction records for up to seven years under the federal Fair Credit Reporting Act. Even a case the tenant won or the landlord dismissed can still show up in future screening reports.
The eviction itself does not appear on a credit report. If the landlord sends unpaid rent to a collection agency, though, the resulting collection account can stay on the tenant’s credit report for seven years and pull down the score.11Equifax. How Does Eviction Affect Credit Scores For landlords, a judgment doesn’t guarantee recovery of the money owed. For tenants, the consequences reach well beyond losing the apartment.