Texas Eviction Notice Overview
Texas does not use a 7-day eviction notice. Under TX Property Code 24.005, landlords must give a 3-day notice to vacatefor non-payment of rent (unless the lease specifies a different period). Texas has one of the fastest eviction processes in the country. The process is called a 'forcible detainer' suit and is filed in Justice Court.
Texas Property Code Chapter 24 governs eviction procedures, while Chapter 92 covers residential landlord-tenant relations. Texas has 254 counties — the most of any state — with Justice Courts in each. Harris County (Houston), Dallas County, Bexar County (San Antonio), and Travis County (Austin) handle the highest volumes. Texas processes hundreds of thousands of eviction filings annually, among the highest in the country.
3 Days
Notice period
$46 - $75
Filing fee
TX Code
Governing law
Justice
Court level
Why Texas Uses 3 Days, Not 7
Important: Texas Uses a 3-Day Notice to Vacate, Not 7
TX Property Code 24.005 requires a 3-day notice to vacate for non-payment (unless the lease provides otherwise). This is a notice to vacate, not a notice to pay — the tenant must leave, not just pay. The lease can modify the notice period, so always check the lease terms first.
Texas Notice Periods at a Glance
- 3-Day Notice to Vacate (TX Prop. Code 24.005): Tenant has 3 days to vacate (unless lease specifies different period)
- Lease-Modified Period: The lease may specify a longer or shorter notice period
- 1-Day Notice to Vacate: The lease can require as little as 1-day notice; no state-mandated minimum except for subsidized housing
- 30-Day Notice — Month-to-Month (TX Prop. Code 91.001): 30 days notice to terminate periodic tenancy
Texas Notice Requirements
Texas courts require that eviction notices meet specific content and format standards. An incomplete or incorrectly timed notice will result in dismissal of the eviction case.
Required Notice Content
- Property Address: Full address including unit number, city, and zip code
- Tenant Names: All tenants named on the lease or rental agreement
- Amount Owed or Violation: Exact dollar amount of rent due, or specific description of the lease violation
- Correct Notice Period: 3 days for non-payment as required by Texas law
- Consequence Statement: That eviction proceedings will be filed if the tenant does not cure or vacate
- Landlord Information: Name and contact information of the landlord or property manager
How to Serve an Eviction Notice in Texas
Texas law provides specific methods for serving eviction notices. Proper service and documentation are essential for the court filing.
Personal Delivery
Hand-deliver to the tenant in person at the rental premises.
Posting on Inside of Main Entry Door
Texas specifically requires posting on the INSIDE of the main entry door if personal delivery and mail service fail. Regular door posting is not sufficient.
Certified Mail
Send via certified mail with return receipt requested.
Document Service
Prepare an affidavit of service. Texas Justice Courts strictly require proof of proper service. Failure to follow the specific TX service rules results in dismissal.
Texas Eviction Timeline
The Texas eviction process follows a specific timeline from notice through court proceedings to enforcement.
Serve 3-day notice to vacate per TX Prop. Code 24.005
File forcible detainer suit in Justice Court
Hearing set within 10-21 days; tenant served with citation
Hearing held; if landlord prevails, judgment for possession entered
Writ of possession issued after 5-day appeal period; constable enforces removal
Uncontested Texas evictions take 3-5 weeks. Contested cases take 5-10 weeks. Harris County (Houston) and Dallas County may have longer wait times. Texas allows a 5-day appeal period to County Court, which triggers a de novo trial. The writ of possession gives the tenant 24 hours notice before the constable removes them.
Texas Eviction Fees & Costs
Below are the typical costs for an eviction proceeding in Texas Justice Court. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing Fee | $46 - $75 |
| Constable Service | $30 - $60 |
| Writ of Possession | $100 - $175 |
| Attorney Fees (optional) | $500 - $2,000 |
| Appeal to County Court | $150 - $250 |
Sample Texas Eviction Notice
Below is a preview of a Texas-compliant eviction notice that meets the requirements of TX Prop. Code 24.005.
3-DAY NOTICE TO VACATE
STATE OF TEXAS
Pursuant to TX Prop. Code 24.005
LANDLORD:
Name: [Full Legal Name]
Address: [Texas Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE:
You are hereby notified to VACATE the premises at [Address] within THREE (3) DAYS of receipt of this notice for non-payment of rent.
TEXAS COMPLIANCE NOTE
Texas requires a 3-day notice to vacate (TX Prop. Code 24.005), not 7 days. The lease may modify this period. The notice is to vacate, not to pay — though many leases include an opportunity to cure. Check the lease terms.