Texas Eviction Notice Overview
Texas uses a 3-day notice to vacate for non-payment under TPC Section 24.005 (unless the lease specifies a different period). Texas does not use a 5-day notice. The state has a fast eviction process. Cases are filed in Justice Court as forcible detainer actions. Texas law does not require the landlord to give the tenant a chance to cure.
Understanding the correct notice period is critical for Texas landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current Texas statutory requirements before serving any eviction notice.
3-day
Actual notice period
$46 - $55
Court filing fee
Justice
Court type
3-6 Wks
Total process
Why Texas Uses 3-day, Not 5 Days
Important: Texas Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in Texas. Under TPC Section 24.005, the required notice for non-payment of rent is 3-day. Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 3-day notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. Texas is not among them. The 3-day notice requirement in Texas applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Texas law.
If you are a landlord in Texas, ensure your eviction notice complies with TPC Section 24.005 and includes all elements required by Justice Court. Using our Texas-specific template ensures you have the correct notice period and statutory language.
Texas Legal Requirements for Eviction Notices
To withstand judicial scrutiny in Texas Justice Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and Texas county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 3-day period to pay or vacate as required by TPC Section 24.005
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Justice Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 3-day clock
How to Serve an Eviction Notice in Texas
Proper service of the eviction notice is essential under Texas law. Justice Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method Texas courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. Texas courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 3-day period expires without payment or vacancy, file the eviction complaint at the Justice Court in the jurisdiction where the property is located.
Texas Eviction Timeline
The eviction process in Texas follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 3-6 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 3-day notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in Texas and can expose the landlord to substantial liability.
Texas Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in Texas. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing Fee | $46 - $55 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample Texas Eviction Notice
Below is a preview of the Texas-specific eviction notice using the correct 3-day notice period required by TPC Section 24.005.
NOTICE TO PAY RENT OR QUIT
STATE OF TEXAS
Pursuant to TPC Section 24.005
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full Texas Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to TPC Section 24.005, you have 3-DAY from the date of service to pay the total amount due or surrender possession.
TEXAS COMPLIANCE
This notice uses the correct 3-day period required by Texas law under TPC Section 24.005. A 5-day notice is not valid in Texas.