Texas Eviction Notice Overview
Texas has no statutory cure period for lease violations. Under TX Property Code §24.005, the landlord must give at least 3 days’ written notice to vacate before filing an eviction suit, unless the lease specifies a different period. Texas is extremely landlord-friendly—the state does not require any opportunity for the tenant to cure a violation. The 3-day notice is simply a demand to vacate.
Texas has the highest eviction filing volume in the nation. Harris County (Houston), Dallas County, Tarrant County (Fort Worth), Bexar County (San Antonio), and Travis County (Austin) process enormous numbers of eviction cases. Texas Justice Courts handle evictions, with hearings typically scheduled within 10–21 days of filing. Texas Property Code Chapter 24 governs the eviction process.
3 Days
Statutory minimum
$46–$125
Justice Court filing
Written
Notice required
2–4 Wks
Total process
Texas Has No Cure Period — 3-Day Notice to Vacate
Under TX Property Code §24.005, a landlord must give at least 3 days’ written notice to vacate before filing suit. The lease can modify this period (longer or, in some cases, shorter). Texas law does not require the landlord to give the tenant any opportunity to cure a lease violation. The notice is simply a demand to leave. Many Texas leases include a voluntary cure period, but it is contractual, not statutory.
Texas Notice Periods
3-day notice to vacate: Default minimum before filing (§24.005)
No cure period: Texas does not require an opportunity to fix violations
Lease may modify: The lease can change the notice period
Immediate filing: If lease allows zero-day notice (must be specific in writing)
30-day termination: Month-to-month without cause (TX Prop. Code §91.001)
Common Violations Addressed by This Notice in Texas
- Any lease violation (no cure required by law)
- Non-payment of rent
- Unauthorized pets, occupants, subletting
- Property damage, noise, nuisance
- Criminal activity
- Holdover after lease expiration
Texas Legal Requirements
Texas courts require strict compliance with notice requirements. A deficient notice will result in dismissal of the eviction case, wasting time and filing fees. Here are the mandatory elements:
- Written Notice: TX Prop. Code §24.005 requires the notice to vacate in writing
- 3-Day Minimum: At least 3 days unless the lease specifies otherwise
- Demand to Vacate: The notice must demand that the tenant vacate the premises
- Property Address: Include the full address
- Delivery Method: Texas requires specific delivery methods under §24.005(f)
Serving the Notice in Texas
Proper service is critical in Texas. The method of delivery determines when the notice period starts running and must be documented for court proceedings.
Personal Delivery
Hand the notice to the tenant or any person over 16 at the premises. The 3-day period starts the day after delivery.
Posting Inside Door
Affix the notice to the inside of the main entry door of the tenant’s unit. Under Texas law, this requires actually taping it inside—not outside—the door.
Certified and Regular Mail
Send via both certified mail (return receipt) AND regular mail to the premises. The notice is considered delivered when the regular mail would normally be received.
Texas Eviction Timeline
The complete eviction process in Texas, from notice to physical removal, follows this general timeline for uncontested cases:
Texas Eviction Fees & Costs
Below are the typical costs associated with the eviction process in Texas. Fees may vary by county or court location.
| Cost Item | Amount |
|---|---|
| Justice Court Filing Fee | $46 – $125 |
| Constable Service of Citation | $30 – $75 |
| Writ of Possession | $50 – $150 |
| Constable Lockout Execution | $75 – $175 |
| Attorney Fees (if retained) | $500 – $2,000 |
Sample Texas Eviction Notice
Below is a preview of a Texas-compliant eviction notice. The generated document includes all elements required under TX law.
3-DAY NOTICE TO VACATE
STATE OF TEXAS
Pursuant to TX Property Code §24.005
TO (TENANT):
Name: [Tenant Full Legal Name]
Address: [Texas Property Address]
VIOLATION / GROUNDS:
[Detailed description of violation with dates]
DEMAND
You are hereby notified to vacate the above premises within three (3) days of delivery of this notice. This notice is given pursuant to Texas Property Code §24.005. Failure to vacate will result in the filing of an eviction suit in Justice Court.