Texas Non-Payment of Rent Notice Overview
Texas requires a 3-day notice to vacate under Texas Property Code §24.005 before filing a forcible detainer (eviction) action. Critically, this is a notice to VACATE—not a 'pay or quit' notice. There is no statutory right to cure by paying rent. The lease can modify the notice period to any length, including as short as 1 day.
Texas evictions are filed in Justice Court of the precinct where the property is located. Harris County (Houston), Dallas County, Bexar County (San Antonio), and Travis County (Austin) handle the highest volumes. Texas has one of the lowest filing fees in the country at approximately $46. The Justice Court process is informal and fast.
3 Days
Notice period
$46
Avg. filing fee
No mandatory cure
Right to cure
3-5 wks
Court process
Texas's 3-Day Notice Requirement
Under Tex. Prop. Code §24.005, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 3 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Texas uses a 3-day notice to vacate—NOT a 'pay or quit' notice. The tenant is told to vacate; there is no statutory right to cure by paying. However, the lease can modify this to allow cure. Texas Property Code §24.005 allows landlords to specify a different notice period in the lease (including as short as 1 day). Texas Justice Courts handle evictions quickly with low filing fees.
Texas: Notice to VACATE (Not Pay or Quit)
Texas's notice under Prop. Code §24.005 is fundamentally different from most states. It is a notice to VACATE, not 'pay or quit.' There is no statutory right to cure by paying rent. However, leases can provide a cure period. The default is 3 days, but the lease can specify ANY period (even 1 day). If the lease is silent, the default 3-day period applies. Texas also allows Saturday for service but not Sunday.
Texas Legal Requirements (Tex. Prop. Code §24.005)
For the notice to be valid under Texas law, it must meet specific requirements established by statute and interpreted by Texas courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Texas law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 3 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Texas Grace Period & Late Fee Rules
No statutory grace period. Lease terms control. Understanding Texas's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
Late fees must be 'reasonable.' Tex. Prop. Code §92.019 requires written lease provision. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Texas law.
Texas Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
Late fees must be ‘reasonable.
Partial Payment
Does not cure. Texas notice is to vacate, not pay or quit.
Right to Cure
No mandatory cure.
How to Serve a Non-Payment Notice in Texas
Texas law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Texas courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Texas courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Texas Justice Court. Include the original notice and proof of service with your filing.
Texas Non-Payment Eviction Timeline
The Texas eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 3-Day Notice to Vacate | Day 1 |
| Notice expires | Day 4 |
| File forcible detainer in Justice Court | Day 4-6 |
| Citation served (6+ days before hearing) | Day 6-12 |
| Court hearing (10-21 days after filing) | Day 14-27 |
| Judgment for possession | Day 14-27 |
| Writ of possession (5 days after judgment) | Day 19-32 |
Total: 3-5 weeks. Texas's $46 filing fee is among the nation's lowest. Appeals to County Court can add 3-6 weeks.
Texas Eviction Filing Fees & Costs
Filing fees for eviction actions in Texas vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing Fee | $46 - $54 |
| Service of Process | $75 - $125 |
| Writ of Possession/Restitution | $75 - $150 |
| Attorney Fees (if hired) | $500 - $2,500 |
| Appeal (if needed) | $250 - $500 |
Sample Texas 3-Day Non-Payment Notice
Below is a preview of our Texas-specific non-payment notice. The final document includes all statutory language required under Tex. Prop. Code §24.005 and is formatted for Texas court proceedings.
THREE (3) DAY NOTICE TO VACATE
STATE OF TEXAS
Pursuant to Texas Property Code §24.005
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Texas Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
TEXAS STATUTORY NOTICE:
You are hereby required to vacate the premises within THREE (3) DAYS from service. You have failed to pay rent of $[Amount]. Under Texas law, this is a notice to vacate. If you fail to vacate, a forcible detainer petition will be filed in Texas Justice Court.