Texas Eviction Notice
A Texas eviction notice is a legal document used by landlords to inform tenants of a lease violation and to initiate the process of eviction if the issue is not resolved. The notice must specify the grounds for eviction and provide the tenant with a statutory time period to address the issue or vacate the property. If the tenant fails to comply, the landlord can file a forcible entry and detainer eviction case in the Justice of the Peace Court.
Texas Eviction Notice
Types of Texas Eviction Notice Forms
3-Day Notice to Quit (Non-Payment of Rent)
This notice is issued when a tenant fails to pay rent. The tenant is required to pay all past due rent or vacate the premises within three (3) calendar days. This notice can be served the day after rent is due, as Texas does not provide a grace period.
3-Day Notice to Comply or Vacate
This notice is used for lease violations, such as failure to maintain health and safety standards or interfering with neighbors. The tenant must either correct the violation or vacate within three (3) calendar days. The landlord may choose to allow corrective action or issue an unconditional notice for serious offenses.
3-Day Notice to Vacate (Incurable Violations)
This notice is applicable for incurable lease violations, such as illegal activities. The tenant must vacate the property within three (3) calendar days without the option to cure the violation.
30-Day Notice to Vacate
This notice is used to terminate a rental agreement, applicable to month-to-month or year-to-year leases. The tenant must receive at least thirty (30) calendar days’ notice before the termination date.
How to Write a Texas Eviction Notice
To ensure legal compliance, a Texas eviction notice must include the following elements:
- Tenant Information: Full name and address of the tenant.
- Lease Violation Details: Specify the lease violation and any balance due.
- Termination Date: Clearly state the date of termination.
- Landlord Information: Print name and signature of the landlord, including the landlord’s address of record.
- Delivery Method: Note the date and method of notice delivery, along with printed name and signature.
How to Serve an Eviction Notice in Texas
Landlords may deliver an eviction notice using the following methods:
- Hand Delivery: Directly to the tenant.
- Delivery to Another Person: To an individual at least 16 years old on the property who can accept on behalf of the tenant.
- Affixing to Entry Door: Hand-affixing the notice to the inside of the property’s main entry door.
- Mail Delivery: By any form of mail, return receipt requested.
- Posting and Mailing: Posting the notice on the exterior of the property’s main entry door and mailing a copy by 5:00 PM local time, if there is a perceived risk of harm by posting inside.
How to Calculate Expiration Date in Texas
In Texas, the notice period begins the day the notice is delivered. For example, to provide a 30-day notice effective June 30th, the notice must be delivered no later than June 1st. If the last day of the notice period falls on a weekend or legal holiday, the period continues to the next judicial day.
Eviction Process in Texas
- Deliver the Eviction Notice: The landlord must provide the appropriate eviction notice to the tenant.
- Wait for Tenant Response: The tenant has the notice period to either comply or vacate the property.
- File an Eviction Petition: If the tenant does not respond, the landlord can file a Petition for Eviction with the local Justice of the Peace Court.
- Attend Court Hearing: Both parties will present their cases in court.
- Obtain Writ of Possession: If the landlord prevails and the tenant does not appeal within five days, the landlord can request a Writ of Possession to have the tenant removed.
Important Legal References
- Eviction Lawsuit: Title 4 – Actions and Remedies (Chapter 24 – Forcible Entry and Detainer).
- Grace Period for Late Fees: 2 days (§ 92.019).
- Late or Non-Rent Payment Notice: 3 days (§ 24.005).
- Notice of Non-Compliance: 3 days (§ 24.005).
- Lease Termination (Month-to-Month): 30 days (§ 91.001).
Statutes
- Tex. Prop. Code § 92.104 – Retention of Security Deposit; Accounting
- Tex. Prop. Code § 92.0081 – Lockouts: Conditions apply
- Tex. Prop. Code § 92.0081 – Notice before Entry, Maintenance and Repairs: No specific notice period required
- Tex. Prop. Code § 92.008(o) – Utility Shut-offs: Not allowed
- Tex. Prop. Code § 24.005 – Notice to Vacate Prior to Filing Eviction Suit
- Tex. Prop. Code § 92.014.5 – Personal Property and Security Deposit of Deceased Tenant
FAQs
A Texas eviction notice is a legal document used by landlords to inform tenants of a lease violation and the intention to evict them unless the issue is resolved. It is typically used when tenants fail to pay rent, violate lease terms, or when a landlord wishes to terminate a month-to-month tenancy.
In Texas, there are several types of eviction notices, including the 3-Day Notice to Quit for non-payment of rent, the 3-Day Notice to Comply or Vacate for lease violations, the 3-Day Notice to Vacate for incurable violations, and the 30-Day Notice to Vacate for terminating month-to-month leases.
An eviction notice in Texas can be served through various methods, including hand delivery to the tenant, leaving it with someone over 16 at the property, affixing it to the main entry door, mailing it with return receipt requested, or posting it on the exterior door and mailing a copy.
If a tenant does not respond to an eviction notice within the specified time frame, the landlord can file an eviction lawsuit, known as a Forcible Detainer lawsuit, at the local Justice of the Peace Court to seek formal eviction.
A Texas eviction notice must include the landlord’s and tenant’s names and addresses, the reason for the eviction, the date the notice becomes effective, the number of days the tenant has to comply, and any remedies available to the tenant.
The eviction process in Texas can vary in duration. After serving an eviction notice, if the tenant does not comply, the landlord may file a lawsuit, which can take an additional 4 to 10 weeks, depending on court schedules and tenant responses.
No, a landlord cannot evict a tenant without first providing a formal eviction notice. Texas law requires landlords to notify tenants of their intention to evict and provide a specified notice period before taking further legal action.
Grounds for eviction in Texas include non-payment of rent, lease violations, illegal activities on the property, and the landlord’s desire to terminate a month-to-month tenancy. Each reason requires a specific type of eviction notice.