Texas 60-Day Notice Overview
Texas does not require a 60-day notice for standard residential tenancy terminations. Under Tex. Prop. Code 91.001, a month-to-month tenancy can be terminated by either party with at least one month's advance notice. Texas's landlord-tenant laws are found in the Texas Property Code, Chapter 91 (Provisions Generally Applicable) and Chapter 92 (Residential Tenancies).
Texas is one of the most landlord-friendly states in the nation. The state has no rent control (preempted by Tex. Prop. Code 214.902), no just-cause eviction requirements, no state income tax, and one of the fastest eviction processes in the country through Justice Courts. Security deposits are not capped by statute. Texas is the second most populous state and its major metros have among the highest rental demand nationally.
30 Days
Statutory default
$46-$54
Court filing fees
Written
Notice required
1-3 wks
Court process
When a 60-Day Notice Applies in Texas
Since Texas's statutory default for month-to-month termination is 30 days, understanding when a 60-day notice is actually required or advisable is essential for landlords.
Lease-Required Extended Notice
Many Texas property management companies include 60-day non-renewal clauses. The contractual obligation overrides the 30-day minimum under Tex. Prop. Code 91.001. This is standard practice in DFW, Houston, and Austin.
TDHCA Programs
Federal Section 8 programs administered through the Texas Department of Housing and Community Affairs (TDHCA) and local PHAs like the Houston Housing Authority and DFW housing authorities frequently require 60-90 days notice.
Austin and DFW Market Pressure
Texas's major metros — especially Austin, Dallas-Fort Worth, and Houston — have experienced massive population growth and rent increases. Providing 60 days gives tenants time to find housing in markets where affordable options are increasingly scarce.
Texas Legal Requirements
Texas's landlord-tenant statutes establish specific requirements for termination notices that must be followed precisely.
Texas Preempts Local Tenant Protections
Under Tex. Prop. Code 214.902, Texas preempts municipalities from enacting ordinances that regulate the terms of residential tenancies, including rent control, eviction procedures, and notice requirements beyond state law. This means cities like Austin, Houston, Dallas, and San Antonio cannot impose longer notice periods or additional tenant protections through local ordinance. Texas law is uniform statewide.
Notice Content Requirements
- Written Notice: Tex. Prop. Code 91.001 requires written notice. Oral notice is insufficient for residential tenancy terminations in Texas
- Tenant and Property ID: Include all tenant names from the lease and the complete property address including city, county, and ZIP code
- Termination Date: State the exact date at least 60 days from service, aligned with the end of the monthly rental period
- Landlord Contact: Include the landlord or property manager name, Texas mailing address, and telephone number
- Security Deposit Reference: Tex. Prop. Code 92.103-109 requires return of the deposit within 30 days of termination with an itemized statement. No statutory cap on amounts
How to Serve a 60-Day Eviction Notice in Texas
Proper service is critical in Texas. If the landlord cannot prove the notice was properly delivered, the court will dismiss the eviction action.
Prepare the Notice
Draft using a Texas-specific template referencing Tex. Prop. Code 91.001. Include all tenant names, property address, and the 60-day termination date
Personal Delivery (Preferred)
Hand-deliver to the tenant at the rental premises. Texas courts prefer personal service. Use a process server or constable for documentation
Certified Mail Alternative
Send via certified mail with return receipt or regular mail. Texas accepts mailed service for landlord-tenant notices
Complete Proof of Service
Document date, time, method, and location of service. Keep certified mail receipts and return cards for court proceedings
File Forcible Detainer Suit in Justice Court
After 60 days expire without the tenant vacating, file an eviction action in Justice Court where the property is located
Texas Eviction Timeline
Texas's eviction process uses a Forcible Detainer suit filed in Justice Court under Tex. Prop. Code 24.001 et seq. After filing, the court issues a citation and the tenant has until the trial date (typically 10-21 days). Texas has one of the fastest eviction processes nationally.
At trial, both parties present evidence. If the landlord prevails, the court issues a judgment for possession. The tenant has 5 days to file an appeal. If no appeal, a writ of possession is issued and the constable enforces removal.
Total court timeline: 1-3 weeks uncontested, 3-6 weeks contested. Harris County (Houston), Dallas County, Travis County (Austin), and Bexar County (San Antonio) have the heaviest caseloads. Combined with the 60-day notice period, the full process spans 9-14 weeks.
Texas Filing Fees & Costs
Eviction costs in Texas vary by county and court type. Below are typical expenses.
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing Fee | $46 - $54 |
| Service of Process (Constable) | $75 - $125 |
| Attorney Fees | $500 - $2,000 |
| Writ of Possession | $150 - $200 |
| Constable Enforcement | $150 - $250 |
Sample Texas 60-Day Notice
Below is a preview of our Texas-specific 60-day termination notice template.
60-DAY NOTICE OF TERMINATION
STATE OF TEXAS
Pursuant to Tex. Prop. Code 91.001
LANDLORD / PROPERTY OWNER:
Name: [Full Legal Name]
Address: [Texas Mailing Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE OF TERMINATION:
You are hereby notified that your tenancy at the above premises will terminate on[Date — 60 days from service]. You must vacate and surrender possession by that date.
TEXAS COMPLIANCE NOTE
Your security deposit will be returned within 30 days of vacating per Tex. Prop. Code 92.103-109, with an itemized statement of deductions. Please provide a forwarding address upon vacating.