In Texas, a 30-day eviction notice is required in a handful of specific situations: ending a month-to-month tenancy, removing a tenant after a foreclosure sale, acting under a lease that promises 30 days, and evicting from certain federally subsidized or federally mortgaged properties. Outside those situations, Texas Property Code § 24.005 only requires three days’ notice to vacate. The length of notice depends on which rule applies to your tenancy, and getting the wrong one served is one of the fastest ways to lose an eviction case.
When State Law Requires at Least 30 Days
Month-to-Month Tenancies
The most common trigger is ending a month-to-month lease. Under Texas Property Code § 91.001, either side can end a month-to-month tenancy by giving written notice at least one month before the termination date. The tenancy ends on whichever is later: the date stated in the notice, or one month after the notice was given. A notice delivered on June 10 cannot terminate the tenancy before July 10, regardless of when rent is due.
The statute says “one month,” not “30 days,” so the actual number of calendar days shifts with the calendar. A notice given on January 15 does not take effect until at least February 15. The lease itself can override this in either direction if both parties signed an agreement specifying a different notice period, or no notice at all.
After a Foreclosure Sale
When a rental property is sold at a tax foreclosure or trustee’s foreclosure sale and the new owner decides not to honor the existing lease, that owner must give a residential tenant at least 30 days’ written notice to vacate. The protection applies only if the tenant has been paying rent on time and is not otherwise in default. A tenant who already paid that month’s rent to the original landlord before learning of the foreclosure, or who pays the new owner within five days of receiving written notice identifying the purchaser, is considered current.
When the Lease Itself Promises 30 Days
The default notice period for a tenant who holds over or breaches the lease is just three days under § 24.005. That default yields to whatever the written lease says. If the lease promises 30 days’ notice before termination, the landlord is bound by that term. Courts treat the signed lease as the controlling document, so a landlord who serves a three-day notice when the lease requires 30 will have the eviction dismissed. Pull out the lease and read the termination clause carefully before starting.
When Federal Law Requires 30 Days
CARES Act Covered Properties
The CARES Act’s eviction moratorium expired in 2020, but a separate provision in the same law did not. The 30-day notice requirement at 15 U.S.C. § 9058(c) contains no expiration date and remains in force as a permanent federal statute. It prohibits landlords of “covered” properties from requiring a tenant to vacate on less than 30 days’ notice. A property is covered if it participates in a qualifying federal housing program (Section 8, Housing Choice vouchers, USDA rural housing) or carries a federally backed mortgage from an entity like Fannie Mae, Freddie Mac, or the FHA. Multiple federal courts have upheld the ongoing enforceability of this provision.
Landlords unsure whether their mortgage qualifies can check the Fannie Mae and Freddie Mac loan lookup tools online. Serving a three-day notice on a CARES Act-covered property creates a federal compliance problem that can derail the entire case.
HUD-Assisted Housing
For public housing and project-based rental assistance properties, HUD separately required a 30-day notice before filing an eviction for nonpayment of rent through regulations finalized in 2024. That regulatory requirement is in flux as of 2026. HUD published a rule in February 2026 revoking the 30-day mandate and reverting to earlier notice periods, which range from 5 working days to 14 days depending on the specific HUD program. A federal lawsuit challenged the revocation, and HUD shifted the action to a notice-and-comment rulemaking process with public comments closing in late April 2026. Until a final rule issues, the regulatory picture for HUD-assisted properties may continue to shift. The CARES Act’s separate 30-day requirement still applies independently to any HUD property that also qualifies as a covered dwelling under that statute.
A Note on Military Tenants
The Servicemembers Civil Relief Act gives active-duty military members and their dependents the right to request a 90-day stay of any eviction proceeding when the monthly rent is below a federally adjusted threshold, currently $10,239.63 per month. This is not a 30-day notice rule, but landlords who discover a tenant is on active duty should expect significant delays and confirm the tenant’s military status through the Department of Defense’s online verification system before proceeding.
How to Deliver the Notice So It Holds Up
A notice to vacate that doesn’t follow the delivery rules in Texas Property Code § 24.005 is legally worthless, no matter how clearly it’s written. The statute provides three methods, and the landlord must be able to prove which one was used.
- Personal delivery. Hand the notice directly to the tenant or to anyone at least 16 years old who lives at the property. The landlord can also enter the premises and tape or affix the notice to the inside of the main entry door.
- Mail. Send the notice by regular mail, registered mail, or certified mail with return receipt requested, addressed to the premises. Certified mail creates the strongest paper trail and is worth the small extra cost.
- Exterior door posting. This method is only available when the landlord cannot get inside because the property has no mailbox and is secured by a keyless deadbolt, alarm system, or dangerous animal, or when the landlord reasonably believes personal delivery would put someone at risk. The notice must be placed in a sealed envelope with the tenant’s name, address, and the words “IMPORTANT DOCUMENT” in capital letters, then securely attached to the outside of the front door. The landlord must also mail a copy from the same county before 5:00 p.m. that same day.
That last detail is where landlords most often slip up. Taping a notice to the outside of the door without also mailing a copy the same day does not count as valid service. A landlord who skipped the mailing step has no legally completed notice if the tenant challenges delivery in court.
What the Notice Must Say
The notice should clearly state the date it was issued, the property address, the deadline for the tenant to leave, and the reason the landlord is demanding possession. The 30-day clock starts on the date the notice is delivered, not the date it was written. Keep a copy of the notice, any certified mail receipts, and a dated photo if using the door-posting method.
When the landlord wants the option to recover attorney fees in a later eviction suit, Texas Property Code § 24.006 requires a separate written demand sent by certified or registered mail at least 10 days before filing. The demand must state that unless the tenant vacates within 10 days after receiving it, the landlord may file suit and seek attorney fees. A landlord who skips this step, or who delivers it by regular mail or by hand, loses the right to recover attorney fees unless the lease independently entitles them to fees. The same statute cuts the other way: if the demand was sent or the lease provides for fee recovery, a tenant who wins the case can recover reasonable attorney fees from the landlord.
If the Tenant Stays Past the Deadline
If the tenant hasn’t left by the end of the notice period, the landlord files a forcible detainer suit at the Justice of the Peace court in the precinct where the property sits. Under Texas Rule of Civil Procedure 510.7, the trial must be scheduled no later than 21 days after the petition is filed, extendable by up to 7 days for good cause. From the day the landlord files, the hearing typically happens within three weeks.
If the judge rules for the landlord, the tenant has five days to appeal to the county court. Those five days include weekends and holidays. A tenant who appeals an eviction based on nonpayment must deposit one rental period’s rent into the court registry within five days and keep paying into the registry each period while the appeal is pending. If no appeal is filed, the court issues a writ of possession no sooner than six days after judgment, and a constable or sheriff posts a 24-hour warning before physically removing the tenant.
Mistakes That Force a Restart
The most frequent reason Texas evictions fail or stall is a defective notice. Serving a three-day notice when the tenancy is month-to-month requires 30 days. Using the exterior door-posting method without mailing a copy the same day. Sending the attorney fee demand by regular mail instead of certified. Each of these errors means the landlord has to start the notice period over from scratch.
Filing in the wrong precinct is another avoidable delay. The eviction must be filed where the property is located, not where the landlord lives or where the lease was signed. Landlords who try to recover attorney fees without sending the separate 10-day certified mail demand under § 24.006 will win possession but lose the right to recoup legal costs, which can run into the thousands on a contested case.
For tenants who just received a 30-day notice: the clock is real, and the process moves quickly once it starts. Check the notice against the delivery rules above, read the lease for any longer notice period the landlord has to honor, and if the property is federally subsidized or carries a federally backed mortgage, confirm whether a three-day notice would even have been valid in the first place.