How Many Days Notice to Vacate in Texas? 3, 30, and Month-to-Month Rules

In Texas, a landlord must give at least three days’ written notice to vacate before filing an eviction lawsuit, unless the lease sets a different period. That three-day floor is the answer most searches for “how many days notice to vacate in Texas” are looking for, but it is not the only number that matters: month-to-month tenancies require a full month, foreclosure sales require 30 days, and federal law extends the timeline further for some properties.

The Three-Day Default

Under Texas Property Code § 24.005, a landlord must give a tenant at least three days’ written notice to vacate before filing a forcible detainer suit. This applies to nonpayment of rent, holdover after a lease ends, and any other breach of the lease.¹ The clock starts the day after the notice is delivered, and all three days are calendar days, weekends included.

A written lease can override the default. Texas allows the parties to agree to a shorter period, even one day, or a longer one.¹ Before assuming you have three days, read the lease. A clause specifying 24-hour notice for nonpayment is enforceable.

First-Time Late Tenants Get a Pay-or-Vacate Notice

If the only reason for the eviction is unpaid rent, and the tenant has never been late or delinquent in any prior month, the landlord’s notice must be a “pay rent or vacate” notice rather than a straight notice to vacate. The tenant can keep the lease alive by catching up on rent within the notice period.¹

Month-to-Month: One Month, Not 30 Days

Ending a month-to-month tenancy is a different situation governed by a different statute. Under Texas Property Code § 91.001, either the landlord or the tenant must give at least one month’s written notice. The tenancy ends on whichever comes later: the date stated in the notice, or one month after the notice is given.²

The one-month framing is not the same as 30 days. A notice given on January 15 means the earliest possible end date is February 15. If rent is paid on a shorter cycle, say weekly, the notice period matches that shorter cycle instead.²

Both sides can change or waive this in a signed agreement. And if the reason for ending the tenancy is a lease breach rather than a plain termination, the one-month rule doesn’t apply; the three-day rule under § 24.005 does.²

Foreclosure Sales: 30 Days

When a rental property is sold in a tax foreclosure or a trustee’s foreclosure where the purchaser’s lien is senior to the tenant’s lease, the new owner must give a residential tenant at least 30 days’ written notice to vacate if the new owner chooses not to keep the existing lease. The 30-day protection only applies while the tenant is paying rent on time and is not otherwise in default under the lease after the foreclosure.¹

Practical consequence: if your landlord lost the property in foreclosure, keep paying rent on time. Stopping payments after the sale drops you back into the standard three-day timeline.

Federal Rules That Can Extend the Timeline

CARES Act Properties: 30 Days

For rental properties with a federally backed mortgage or participation in a federal housing program, the CARES Act requires 30 days’ notice before eviction for nonpayment of rent. The provision at 15 U.S.C. § 9058(c) has no expiration date and overrides the three-day Texas default when it applies.³

Covered buildings include those with mortgages backed by Fannie Mae, Freddie Mac, FHA, VA, or USDA, and units in HUD-funded programs. If you get a three-day notice and suspect your building has federal backing, that is worth checking before treating the shorter deadline as final.

Active-Duty Servicemembers

The Servicemembers Civil Relief Act bars evicting an active-duty servicemember or dependents without a court order, as long as the unit is a residence and monthly rent is below an annually adjusted threshold (originally $2,400 in 2003, now higher). If the servicemember’s ability to pay is materially affected by military duty, the court must stay eviction proceedings for at least 90 days and can extend the stay. Knowingly evicting a servicemember in violation of the statute is a federal misdemeanor punishable by up to one year in jail.⁴

How the Notice Has to Be Delivered

The days don’t start counting until a valid delivery has happened. Texas recognizes several methods, and as of January 1, 2026, Senate Bill 38 added electronic delivery to the list:

Personal delivery to the tenant or to anyone at least 16 years old who lives at the property.
Attaching the notice to the inside of the main entry door.
Regular, registered, or certified mail to the premises.
Email or other electronic communication, but only if the tenant agreed to that method in writing, such as through a lease clause.⁵

When the landlord can’t get inside because of a keyless deadbolt, an alarm system, or a dangerous animal, or when the landlord reasonably believes personal delivery could result in harm, an alternative applies. The landlord may tape a sealed envelope to the outside of the front door, marked with the tenant’s name, address, and the words “IMPORTANT DOCUMENT” in capital letters, and mail a copy the same day from the same county.¹

SB 38 also added a catch-all: none of the specific delivery methods matter if the tenant actually received the notice.⁵ A notice handed to you in the parking lot counts, even without any of the formal steps.

What the Notice Has to Say

The statutory content requirement is minimal. Texas requires a written notice to vacate, and that notice legally functions as a demand for possession.¹ The statute does not require the landlord to state a reason, cite the lease, or use any particular legal wording. Most landlords include the reason, the deadline date, and a statement that suit will follow, but those are practical additions, not legal requirements.

What Happens When the Notice Period Expires

A notice to vacate is a prerequisite to eviction, not the eviction itself. If the tenant hasn’t left by the deadline, the landlord’s next step is filing a forcible detainer suit in the justice court where the property sits. A landlord cannot skip the court process regardless of how clean the paperwork looks.⁶

Once suit is filed, the tenant must be served with a citation at least four days before the hearing, and the hearing itself is scheduled between 10 and 21 days after filing.⁶ Even if the landlord wins, physical removal requires a separate writ of possession. A constable then posts a written warning on the front door giving at least 24 hours before executing the writ, and belongings are placed outside at a nearby location, though not during rain, sleet, or snow.⁷

One point matters more than any calendar: receiving a notice to vacate does not obligate you to leave, and a landlord who tries to force you out without a court order has committed an illegal lockout. Changing the locks, taking off doors, or shutting off utilities exposes the landlord to a civil penalty of one month’s rent plus $1,000, actual damages, court costs, and attorney fees, minus any rent owed. The three-day clock is a filing prerequisite for the landlord. It is not permission to remove you.

1
State of Texas. Texas Property Code Section 24.005 – Notice Required Before Filing Certain Eviction Suits
2
State of Texas. Texas Property Code Section 91.001 – Notice for Terminating Certain Tenancies
3
Office of the Law Revision Counsel. 15 USC 9058 – Temporary Moratorium on Eviction Filings
4
Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress
5
Texas Legislature Online. 89(R) SB 38 – Enrolled Version
6
Texas State Law Library. The Eviction Process
7
State of Texas. Texas Code PROP 24.0061 – Writ of Possession