Texas Eviction Notice Overview
Texas eviction law is governed primarily by Texas Property Code Chapter 24, which establishes the rules for Forcible Detainer actions. The state's default notice period is 3 days under Section 24.005, making it one of the shortest in the nation. However, Texas is unique in allowing the lease to modify this period to virtually any timeframe, including as little as 24 hours.
Texas does not have a comprehensive residential landlord-tenant act comparable to states like Oregon, Washington, or Tennessee. Instead, Texas relies on the Property Code for eviction procedure and general common law principles for the landlord-tenant relationship. Texas Property Code Section 92 addresses certain habitability and security device requirements, but eviction-specific rules are found in Chapter 24. The state's Justice Court system (JP Courts) handles evictions at the precinct level, providing localized access to the eviction process across the state's 254 counties.
3 Days
Default notice
$46-$86
Filing fees
Flexible
Lease can modify
3-5 wks
Total process
Texas Notice Periods
Texas's notice-to-vacate system is uniquely flexible. The default 3-day period applies only when the lease is silent on notice requirements.
Texas Default Is 3 Days, Not 10
Texas Property Code §24.005 sets a 3-day default notice to vacate. If your lease specifies a 10-day notice period, then 10 days applies. If the lease is silent, you must give at least 3 days. Always check your specific lease terms before serving notice. Texas courts enforce the lease's notice provision strictly.
| Scenario | Notice Period | Authority |
|---|---|---|
| Lease silent on notice | 3 days (default) | Tex. Prop. Code §24.005(b) |
| Lease specifies period | As stated in lease | Tex. Prop. Code §24.005(b) |
| Month-to-month (no lease) | 1 month | Tex. Prop. Code §91.001 |
| Criminal activity | 3 days (or per lease) | Tex. Prop. Code §24.005 |
Texas Legal Requirements
The Texas notice to vacate must satisfy specific delivery and content requirements under Property Code Section 24.005. Texas has unique bilingual posting requirements.
Notice Content & Delivery
- Written Notice: The notice must be in writing. Texas does not accept verbal notices to vacate
- Demand to Vacate: Clearly state that the tenant must vacate the premises within the specified period
- Property Address: Identify the rental property by its complete address
- Bilingual Envelope: If posting on the door, the sealed envelope must say "IMPORTANT DOCUMENT" and "DOCUMENTO IMPORTANTE"
- Proper Service: Deliver in person, by mail at the premises, or by posting on the inside of the main entry door (or outside in a sealed envelope)
How to Serve a Notice to Vacate in Texas
Texas Property Code Section 24.005(f) specifies three acceptable service methods. The method chosen affects how the notice period is calculated.
Personal Delivery
Hand the notice directly to the tenant at the rental premises. The notice period starts the day after delivery
Inside Door Posting
Affix the notice to the inside of the main entry door. This requires access to the interior of the premises
Outside Door Posting (Bilingual Envelope)
Place in a sealed envelope marked "IMPORTANT DOCUMENT / DOCUMENTO IMPORTANTE" with the tenant's name, and affix to the outside of the main entry door
Mail at the Premises
Mail the notice to the tenant at the rental property address via regular or certified mail
Texas Eviction Timeline
Texas has one of the fastest eviction processes in the nation. Days 1-3: Notice to vacate period (or per lease). Day 4+: File Forcible Detainer suit in Justice Court. Days 5-24: Court sets hearing 10-21 days from filing. Tenant receives citation at least 6 days before hearing. Hearing: Justice of the Peace rules, often same day.
After judgment, the tenant has 5 days to appeal to County Court at Law. If no appeal, the Writ of Possession is issued. The constable posts a 24-hour notice on the door, then executes the lockout. Total uncontested: 3-5 weeks. Contested with appeal: 2-4 months. Harris County (Houston) and Dallas County are the busiest jurisdictions.
Texas Court Fees & Costs
Texas Justice Court filing fees vary by county and precinct. Below are typical ranges.
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing | $46 - $86 |
| Citation / Service | $50 - $100 |
| Writ of Possession | $75 - $150 |
| Attorney Fees | $300 - $1,500 |
| Constable Lockout | $75 - $250 |
Sample Texas Notice to Vacate
Below is a preview of a Texas notice to vacate compliant with Tex. Prop. Code §24.005.
NOTICE TO VACATE
STATE OF TEXAS
Pursuant to Tex. Prop. Code §24.005
TO TENANT(S):
Name: [Full Legal Name]
Address: [Texas Property Address]
NOTICE
You are hereby notified to VACATE the above-described premises within THREE (3) DAYS of this notice (or [lease-specified period]). Failure to vacate will result in the filing of a Forcible Detainer suit in the Justice Court for the precinct where the property is located.