In Texas, a landlord must give a tenant at least three days’ written notice to vacate before filing an eviction lawsuit. That three-day floor comes from Texas Property Code Section 24.005, and a written lease can lengthen or shorten it.1State of Texas. Texas Property Code Section 24.005 – Notice Required Before Filing Certain Eviction Suits The Texas 3-day notice to vacate looks like a simple document, but the counting, delivery, and federal-law exceptions are where cases are won and lost.
When the Three-Day Notice Applies
A landlord can issue the notice when a tenant defaults on a lease obligation or stays past the end of the rental term. Unpaid rent is the usual trigger, but unauthorized occupants, prohibited pets, and serious property damage all qualify. The statute reaches tenants under written leases, oral rental agreements, and tenants at will or by sufferance with no formal lease at all.1State of Texas. Texas Property Code Section 24.005 – Notice Required Before Filing Certain Eviction Suits
Read the lease before drafting anything. If the written agreement sets a different notice window, that contract term controls. Some leases require five or seven days; others shorten the period to as little as 24 hours. A landlord who ignores a longer contractual period and files after only three days risks dismissal for insufficient notice.
Counting the Three Days
The clock starts the day after the notice is delivered.2State of Texas. Texas Property Code – Notice to Vacate Prior to Filing Eviction Suit The delivery day itself does not count. Hand the notice to a tenant on Monday, and the three days run Tuesday through Thursday. The earliest possible filing day is Friday.
Weekends and holidays count. There is no extension for a Saturday or Sunday falling inside the window. A Friday delivery means the period closes at the end of Monday, with Tuesday as the earliest filing date.
Delivering the Notice
How the notice reaches the tenant matters as much as what it says. Texas has historically recognized several methods: personal delivery to the tenant or to any person at least 16 years old living at the property; mail by regular, registered, or certified mail with return receipt requested; or affixing the notice to the inside of the main entry door.
When the landlord cannot access the interior because of a keyless deadbolt, alarm system, or dangerous animal, or reasonably believes personal delivery would create a safety risk, an alternative has been available: a sealed envelope marked “IMPORTANT DOCUMENT” taped to the outside of the main entry door, with a copy mailed the same day before 5 p.m. from within the same county as the property.
A significant change took effect on January 1, 2026. Senate Bill 38, from the 89th Texas Legislature, repealed the specific delivery-method subsections of Section 24.005, and the delivery requirements have been reorganized under the Texas Rules of Civil Procedure.1State of Texas. Texas Property Code Section 24.005 – Notice Required Before Filing Certain Eviction Suits The practical methods look largely the same, but a notice served in 2026 or later should reference the current procedural rules rather than the repealed statutory language.
What the Notice Should Include
Texas law does not prescribe a form. Courts look at substance. A workable notice includes:
- Names of every adult tenant on the lease. A notice addressed to only one tenant on a multi-party lease can create complications.
- The full property address, including apartment or unit number.
- A clear, unambiguous demand to vacate. Vague language about “resolving the situation” is not a demand for possession.
- The specific date by which the tenant must be out, calculated using the counting rules above.
- The reason for the notice. The statute does not require this, but identifying the default (unpaid rent, lease violation, holdover) strengthens the landlord’s position in court.
- The landlord’s or authorized agent’s signature and the date.
Local apartment associations and legal aid organizations publish templates. Using one reduces the chance of omitting something a judge will want to see.
Federal Laws That Override the Three-Day Timeline
Two federal rules can extend the timeline, and missing them can sink an eviction case.
Servicemembers Civil Relief Act
Under 50 U.S.C. Section 3951, a landlord cannot evict an active-duty servicemember or their dependents from a primary residence without first obtaining a court order.3Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress The protection applies when monthly rent falls below an annually adjusted threshold (the base figure is $2,400, indexed for housing costs since 2003). Serving a standard three-day notice on a qualifying servicemember without going through the court process first violates federal law, whatever the lease says.
Federally Subsidized Housing
HUD-assisted properties, including public housing and project-based rental assistance, have been subject to a federal rule requiring 30 days’ written notice before an eviction filing for nonpayment of rent.4Federal Register. 30-Day Notification Requirement Prior To Termination of Lease for Nonpayment of Rent That 30-day requirement overrides the state three-day period. HUD announced plans in early 2026 to rescind the rule, but as of mid-2026 the regulatory status is in flux. Landlords of subsidized units should verify current HUD requirements before serving any notice.
Retaliation Limits
A three-day notice issued in retaliation for a tenant exercising a legal right is unenforceable. Texas Property Code Section 92.331 bars a landlord from filing eviction within six months after the tenant requests repairs, reports a code violation to a government agency, or participates in a tenant organization.5State of Texas. Texas Property Code Section 92.331 – Retaliation by Landlord The same six-month window also covers decreasing services, raising rent, and other interference with lease rights.
If the timing between the tenant’s protected activity and the notice is suspiciously close, the burden shifts to the landlord to show a legitimate, non-retaliatory reason. Landlords with real grounds should document the default carefully, because a court will scrutinize any notice served on the heels of a tenant complaint.
What Tenants Can Do After Receiving One
The three-day notice is a demand to leave, not an automatic offer to pay up and stay. Texas has no universal right-to-cure period for overdue rent. The landlord may accept a late payment, but nothing in the statute forces that.
A tenant with a long record of on-time payments who has fallen behind once may have room to negotiate, since courts consider the full picture in contested cases. A tenant who disputes the notice has the right to sit tight through the three-day window, refuse to leave, and force the landlord into court. At that hearing, the tenant can raise defenses like improper notice, retaliatory motive, or the landlord’s failure to maintain habitable conditions.
Why Lockouts and Utility Shutoffs Backfire
A landlord who tries to speed things along by changing locks, removing doors, or shutting off utilities is violating Texas Property Code Section 92.0081, and the cost usually exceeds what a formal eviction would have run. The civil penalty is one month’s rent plus $1,000, on top of actual damages, court costs, and attorney’s fees.6State of Texas. Texas Property Code – PROP 92.0081
Texas allows a narrow lock-change exception when a tenant is behind on rent, but only if the lease expressly permits it, the landlord gives written notice at least three days in advance, and the landlord provides a new key at any hour on request, whether or not the tenant has paid.6State of Texas. Texas Property Code – PROP 92.0081 Skip any of those conditions and the penalty is the same as for an outright illegal lockout. The formal eviction process is always the safe route.
After the Three Days Expire
If the tenant is still in the unit when the notice period ends, the landlord files a forcible detainer suit in the Justice of the Peace court for the precinct where the property is located.1State of Texas. Texas Property Code Section 24.005 – Notice Required Before Filing Certain Eviction Suits Filing in the wrong precinct means dismissal.
Fees vary by county. A 2026 Bexar County eviction petition costs $54 to file plus $117 for constable service per defendant.7Bexar County, TX. Filing Fees Travis County charges $144 for filing and service on one person, with $90 for each additional person served.8Travis County, Texas. Travis County Justice of the Peace Precinct 4 – Evictions Budget roughly $140 to $200 for a single-defendant case, more when there are multiple tenants to serve.
The court issues a citation that must be served on the tenant at least six days before the trial date, and the hearing is usually set at the time of filing. From filing to trial typically runs two to three weeks, depending on the court’s docket. A tenant who loses has five days to appeal to county court.9Harris County Justice of the Peace Courts. Filing Eviction Cases If no appeal is filed, the landlord can request a writ of possession starting the sixth day after judgment, giving the tenant at least 24 hours’ posted warning before the constable or sheriff removes anyone still inside.10State of Texas. Texas Property Code Section 24.0061 – Writ of Possession