Texas Notice to Vacate
A notice to vacate is the written notice a Texas landlord must give before filing an eviction (forcible detainer) suit. It tells the tenant to leave by a stated date — it is not itself a court order, and only a court can order a tenant out.
What it is
A notice to vacate is the written notice a Texas landlord must give before filing an eviction (forcible detainer) suit. It tells the tenant to leave by a stated date — it is not itself a court order, and only a court can order a tenant out.
When to use it
- Rent is unpaid and the lease / Texas notice-to-pay rules point to a vacate notice
- The tenant is holding over after the lease term or renewal period has ended
- The tenant has defaulted under the lease in a way the landlord intends to pursue in justice court
What to include — checklist
Print this page to use the checklist on paper.
- Landlord and tenant names exactly as they appear in the lease
- Property address, including unit number
- Reason / ground for the notice (for example, nonpayment or holdover), stated plainly
- Exact amount of rent claimed due, if nonpayment is the ground, broken down by period
- Date the tenant must vacate, counted from proper delivery — not from the day you wrote it
- Statement that an eviction suit may be filed if the tenant does not vacate
- Delivery method, date and time, and the name of the person who delivered it — keep proof
- Landlord (or authorized agent) signature and contact address for questions
Texas-specific requirements
- Texas Property Code §24.005: a landlord must give at least 3 days' written notice to vacate before filing a forcible detainer suit, unless the parties contracted for a shorter or longer period in a written lease or agreement. Check your lease first — it may control the period.
- In certain nonpayment cases Texas uses a 'notice to pay rent or vacate' form instead of a plain notice to vacate, depending on the tenant's payment history that month. If you are unsure which form applies, check §24.005 and local court guidance before serving.
- Delivery matters as much as wording. Use a delivery method §24.005 permits, document it, and keep the certificate/receipt with the lease file.
Statute references are included only where verified for this pilot. Where a rule depends on your lease or local court, the page says so instead of guessing.
Common mistakes
- Counting the 3 days from the mailing or writing date instead of proper delivery
- Using a period shorter than the lease allows because a website said '3 days'
- Serving a notice that does not match the ground or the amount in the later court petition
- Changing locks or shutting off utilities instead of filing in court — a notice is not permission for self-help eviction
Related forms
- Texas Notice to Pay Rent or Vacate — the nonpayment-specific form §24.005 points to in many cases
- Texas Lease Violation Notice — for defaults other than nonpayment
- Texas Month-to-Month Termination Notice — ending a monthly tenancy under §91.001
Where landlords get this form
These providers publish Texas-specific landlord forms and document tools. We describe them here for comparison — we do not link out from this pilot site yet.
| Provider | Best described as | What to check before you buy |
|---|---|---|
| LawDepot | DIY legal-document builder covering leases, applications and notices, form by form or by subscription. | Whether the Texas version is included in a free trial, subscription, or single-document price. |
| ezLandlordForms | Landlord-focused forms library built specifically around rentals, screening and state lease packages. | Whether you need a single form or its Texas state package, and what updates are included. |
| Rocket Lawyer | Document builder bundled with membership options that can include attorney Q&A services. | What the membership includes after any trial, and how cancellation works. |
| LegalZoom | Well-known legal-services platform, strongest on business formation and broader legal products, with some landlord documents. | Whether the exact landlord form you need is offered for Texas, versus a business product. |
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Frequently asked questions
- How many days' notice does Texas require?
- At least 3 days' written notice under Texas Property Code §24.005, unless a written lease or agreement sets a shorter or longer period. Your lease may change the answer.
- Is a notice to vacate the same as an eviction?
- No. The notice is the required step before filing. An eviction is a court case in justice court; only the court process can compel the tenant to leave.
- How should I deliver the notice?
- Use a method permitted by §24.005, keep dated proof of delivery, and keep a complete copy. If delivery is contested, your proof is the case.
- What if the tenant pays or leaves?
- Document what happened in writing. If the tenant vacates, record the surrender date — that date also starts the security-deposit clock. If you accept payment, get advice before assuming the notice is or is not still effective.