How to Fill Out a Texas Notice to Vacate Form: Property Code 24.005

To fill out a Texas notice to vacate, put the property’s full address, each adult tenant’s name, the reason you’re ending the tenancy, a clear deadline to leave, and the date and your signature on a written notice, then deliver it by a method allowed under Property Code § 24.005. The statute itself is thin on required content, but a notice that is vague on any of those points gives the tenant an easy objection at the eviction hearing.¹

There is no official state template. The Texas Justice Court Training Center’s forms page does not include one, and most landlords either draft a plain letter or use a fill-in form from a local Justice of the Peace office.² A typed page on plain paper is fine. What matters is the substance and the delivery.

What to Write on the Notice

Section 24.005 requires only a “written notice to vacate” that demands the tenant leave immediately or by a stated deadline.¹ Judges expect more detail than that, though, because they need to see at a glance that the right people were told to leave the right place by a clear date. Put the following on the page:

The full street address of the rental, including apartment or unit number.
The full name of every adult tenant on the lease. An unnamed occupant can argue the notice wasn’t directed at them.
The reason you’re ending the tenancy: nonpayment of rent, a specific lease violation, or holding over after the lease ended. The statute doesn’t require a reason, but stating one builds a clean record for your eviction petition.
A specific deadline to vacate. Add a time of day if you want the precision. The statute lets you demand the tenant leave immediately or by a set date.
The date you prepared the notice.
Your signature, or your authorized agent’s signature. Not statutorily required, but an unsigned notice reads as weak.

If you already sent a separate written reminder that rent was overdue, the notice to vacate can double as a pay-or-quit demand, giving the tenant the option to pay the balance or leave by the deadline.¹ That saves a step in nonpayment cases.

How Much Time to Give

The default is at least three days’ written notice before you can file an eviction suit, whether the tenant is on a written lease, an oral agreement, or is a tenant at will, and whether the issue is nonpayment, a lease violation, or a holdover.¹

A written lease can shorten or lengthen that period, and the lease controls. If your lease says 24 hours, three days is safe because you gave more than required. If your lease says ten days, a three-day notice will get the eviction dismissed. Read your lease before you pick a deadline.

Counting the Days

All calendar days count, including weekends and holidays. The day you deliver the notice generally doesn’t count as day one, so a notice handed to the tenant on Monday starts running Tuesday. If the final day falls on a weekend or legal holiday, the deadline extends to the next business day. A single day off can cost you the case, so count deliberately before you file.

Approved Delivery Methods

A well-drafted notice is worthless if you can’t prove how it reached the tenant. Effective January 1, 2026, Section 24.005(f-3) permits any of these delivery methods:³

Mail: first class, registered, certified, or a delivery service. Certified mail with return receipt gives the strongest proof, but any of these satisfy the statute.
Delivery to a conspicuous place inside the unit.
Hand delivery to any tenant of the premises who is at least 16 years old.
Electronic communication such as email, but only if the parties agreed in writing to electronic delivery. This is new under SB 38; prior law didn’t allow it.

There’s also a fallback: if the tenant actually receives the notice, the delivery method doesn’t matter.³ Actual receipt is your burden to prove, though, so don’t rely on it unless you have a text reply, an email response, or a witness.

Posting on the Exterior Door

When you can’t get inside, because the tenant changed the locks, installed a keyless deadbolt, set up an alarm, or has a dangerous animal, and the premises has no mailbox, you can affix the notice to the outside of the main entry door. The rules are strict. The notice goes inside a sealed envelope with the tenant’s name, address, and the words “IMPORTANT DOCUMENT” (or similar) on the outside in capital letters. You must also mail a copy the same day, before 5:00 p.m., from within the same county as the property.¹ Miss any of those steps and a judge can throw the notice out.

Don’t Accept Rent After You Serve the Notice

This is where landlords accidentally sink their own case. Accepting a rent payment after delivering the notice can be treated as a waiver, and a court may rule that you gave up the right to proceed. The tenant’s argument writes itself: you took the money, so the tenancy continues. If a tenant offers rent after you’ve served the notice, refuse it. If you accept it by mistake, refund it right away and document the refund. Anti-waiver clauses in the lease help, but they aren’t bulletproof, because a judge can still find that taking payment contradicted your demand to vacate.

If the Property Is Federally Covered, Build in 30 Days

If the rental participates in a federal housing program, sits behind a federally insured mortgage, or carries a federally backed multifamily mortgage, the CARES Act’s 30-day notice requirement still applies to nonpayment evictions.⁴ Covered properties include Section 8 project-based rental assistance, public housing, and units with FHA, Fannie Mae, Freddie Mac, or VA-backed loans.

Starting in 2026, Section 24.005(c-1) lets a landlord who has satisfied the Texas notice requirement file the eviction suit without waiting for the federal 30-day period to run, and the court can’t delay the proceedings on that basis. The writ of possession, however, can’t be served until the time between delivering the Texas notice and serving the writ equals or exceeds 30 days.³ For covered properties, the cleanest approach is to write a 30-day deadline into the notice from the start, so the federal clock runs alongside the Texas timeline instead of stalling enforcement at the end.

After the Notice Period Runs

Once the deadline passes and the tenant is still there, you file an eviction petition at the Justice of the Peace court in the precinct where the property sits.¹ Filing in the wrong precinct forces a refile and a restart of the waiting period. Bring the lease, a copy of the notice, and proof of delivery to the hearing. The court will set a trial date between 10 and 21 days from filing.⁵ The notice you filled out is the document the judge will scrutinize first, so get it right before you hand it over.

1
State of Texas. Texas Property Code 24.005 – Notice Required Before Filing Certain Eviction Suits
2
Texas Justice Court Training Center. Forms
3
Texas Legislature. SB 38 – Enrolled Version
4
Congress.gov. CARES Act Eviction Notice Requirements
5
Texas Courts. Rule 510 – Eviction Cases