Texas Eviction Notice Overview
Texas 3-Day Notice to Vacate - Lease May Override
Texas's 3-day notice under Tex. Prop. Code §24.005 is a default that applies when the lease does not specify a notice period. Many Texas leases specify a different period (often 24 hours or 1 day for non-payment). Always check the lease first. If the lease specifies a period, that controls.
Texas Property Code §24.005 establishes that a landlord must give written notice to vacate before filing an eviction suit. The default notice period is 3 days, but the lease may specify a shorter or longer period. If the lease is silent, the 3-day statutory default applies. Unlike many states, Texas does not require the notice to offer a right to cure; it is simply a notice to vacate.
Texas evictions (called forcible detainer suits) are filed in justice courts. Harris County (Houston), Dallas County, Bexar County (San Antonio), and Tarrant County (Fort Worth) process the most cases. Texas does not have rent control (and state law preempts municipalities from enacting it). The 3-day notice applies uniformly, though Austin and some other cities have explored additional tenant protections.
3 Days
Notice to vacate
$54-$126
Filing fees
Written
Notice required
3-5 wks
Court process
Texas Legal Requirements
Texas requires a written notice to vacate before filing a forcible detainer suit. The notice must comply with Tex. Prop. Code §24.005 and any notice provisions in the lease agreement.
Required Notice Elements
- Written Notice: Must be in writing. Oral notices are insufficient
- Notice Period: 3 days (default) or whatever the lease specifies
- Vacate Demand: Must demand that the tenant vacate the premises
- Property Address: Identify the rental property
- Service Method: Must use an approved delivery method under Tex. Prop. Code
- Lease Check: Verify whether the lease specifies a different notice period than the 3-day default
How to Serve an Eviction Notice in Texas
Texas permits personal delivery, posting on the inside of the main entry door, and mailing. Tex. Prop. Code §24.005(f) specifies the methods. Note: posting must be on the inside of the door, not the outside.
Check the Lease
Determine whether the lease specifies a notice period. If it does, use that period instead of the 3-day default.
Prepare the Notice to Vacate
Include all required elements. Texas does not require stating the rent amount, but doing so is good practice.
Deliver the Notice
Personal delivery, posting on the inside of the main entry door, or mail. Posting on the outside is NOT valid in Texas.
Wait the Full Period
Allow the full notice period to expire. Do not file before it runs.
File Forcible Detainer in Justice Court
After the notice expires, file in the justice court precinct where the property is located.
Texas Eviction Timeline
After the notice expires, the landlord files a forcible detainer suit. The justice court issues a citation, and the hearing is set within 10-21 days. Texas law requires the hearing to be at least 10 days after the citation is served.
At the hearing, if the landlord prevails, a judgment for possession is entered. The tenant has 5 days to appeal to county court. If no appeal is filed, the court issues a writ of possession after 5 days.
The constable executes the writ, giving the tenant 24 hours to vacate. Total time: 4-6 weeks (uncontested). Appeals to county court can add 1-3 months. Harris and Dallas counties may have longer wait times due to volume.
Texas Court Fees & Costs
Below are the typical costs associated with the eviction process in Texas. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing | $54 - $126 |
| Service of Citation | $30 - $75 |
| Writ of Possession | $50 - $150 |
| Attorney Fees (optional) | $500 - $2,500 |
| Constable Execution | $75 - $200 |
Sample Texas Eviction Notice
Below is a preview of the Texas-compliant eviction notice.
3-DAY NOTICE TO VACATE
STATE OF TEXAS
Pursuant to Tex. Prop. Code §24.005
TO TENANT(S):
Name: [Full Legal Name]
Address: [Texas Property Address]
RENT DEMAND:
Past-due rent: $[Amount]
Period: [Month/Year]
NOTICE
You are hereby notified to VACATE the premises within THREE (3) DAYS. This notice is given due to non-payment of rent. If you fail to vacate, a forcible detainer suit will be filed in justice court.