Texas 3-Day Notice to Vacate for Non-Payment of Rent — Template

INFORMATIONAL ONLY — NOT LEGAL ADVICE. This template is for general reference and does not constitute legal advice. Have any notice reviewed by a Texas-licensed attorney before serving it. In Texas, a landlord must provide written notice to vacate before filing a forcible detainer (eviction) suit. Texas Property Code §24.005 requires at least three days written notice to vacate before filing, unless the lease provides for a different notice period. Note: unlike some states, Texas does not have a separate statutory 'pay or cure' right — the notice demands the tenant vacate. Whether the landlord must accept late payment if tendered before suit is filed depends on lease terms and should be confirmed with an attorney.

Original Message

You have not paid rent. You have 3 days to pay or get out. Consider this your notice.

Professional Version

NOTICE TO VACATE

Date: [DATE]

To: [TENANT FULL NAME(S)]
Premises: [FULL PROPERTY ADDRESS], [CITY], Texas [ZIP CODE]

You are hereby notified that you are in default of your lease or rental agreement for failure to pay rent in the amount of $[AMOUNT DUE], which was due on [DUE DATE].

You are required to vacate and surrender possession of the above-described premises within THREE (3) DAYS from the date of delivery of this notice.

If you fail to vacate within the time stated, the owner will pursue all legal remedies available under Texas law, including filing a forcible detainer action in justice court.

[LANDLORD / AUTHORIZED AGENT NAME]
[ADDRESS]
[PHONE]
[EMAIL]

— INFORMATIONAL TEMPLATE. NOT LEGAL ADVICE. See Texas Property Code §24.005. Consult a Texas-licensed attorney before serving any notice.

Polite Version

NOTICE TO VACATE

Date: [DATE]

To: [TENANT FULL NAME(S)]
Premises: [FULL PROPERTY ADDRESS], [CITY], Texas [ZIP CODE]

This notice is to inform you that rent in the amount of $[AMOUNT DUE], due under your lease agreement on [DUE DATE], has not been received.

Under Texas law, you are required to vacate the above premises within three (3) days of delivery of this notice.

If you believe this notice has been sent in error, or if you have recently submitted payment, please contact us immediately so we can resolve this matter.

We hope to resolve this without further legal action. Please be advised that failure to vacate within the stated period will result in the filing of a forcible detainer suit in justice court.

Sincerely,
[LANDLORD / AUTHORIZED AGENT NAME]
[ADDRESS]
[PHONE]
[EMAIL]

— INFORMATIONAL TEMPLATE. NOT LEGAL ADVICE.

Firm Version

NOTICE TO VACATE

Date: [DATE]

TO: [TENANT FULL NAME(S)]
PREMISES: [FULL PROPERTY ADDRESS], [CITY], Texas [ZIP CODE]

NOTICE IS HEREBY GIVEN that you are required to vacate and surrender possession of the above-described premises within THREE (3) DAYS from delivery of this notice, due to non-payment of rent in the amount of $[AMOUNT DUE], which was due on [DUE DATE].

FAILURE TO VACATE within the stated period will result in the filing of a forcible detainer action in the justice court of the precinct in which the property is located, without further notice.

[LANDLORD / AUTHORIZED AGENT NAME]
[ADDRESS]
[PHONE]
[EMAIL]

— INFORMATIONAL TEMPLATE. NOT LEGAL ADVICE.

When to Use This Template

  • When a Texas tenant has failed to pay rent and you intend to file a forcible detainer action in justice court
  • Only after checking your lease — Texas Property Code §24.005 allows the lease to specify a different notice period (shorter or longer than 3 days)
  • ⚠️ REQUIRES LEGAL REVIEW: Delivery method — Texas requires the notice to be delivered in person, by mail, or affixed to the inside of the main entry door; confirm current accepted methods and proof-of-service requirements with an attorney
  • ⚠️ REQUIRES LEGAL REVIEW: Whether your specific lease modifies the statutory 3-day period
  • ⚠️ REQUIRES LEGAL REVIEW: Applicable justice court precinct and local filing rules — procedures vary by county

Common Mistakes to Avoid

Assuming the lease cannot change the 3-day period: Texas Property Code §24.005 explicitly allows the parties to agree to a different notice period in the lease. Always check your lease before relying on the statutory default.
Filing suit before the notice period expires: Filing a forcible detainer suit before the notice period runs is a procedural defect that can result in dismissal. Wait until the full notice period has passed.
Delivering notice improperly: Texas specifies acceptable delivery methods. A notice sent by text message or email, unless separately agreed to in writing, may not satisfy the statutory requirement.

Frequently Asked Questions

What is the statutory basis for Texas notice to vacate?

Texas Property Code §24.005 requires a landlord to give at least three days written notice to vacate before filing a forcible detainer suit for non-payment, unless the lease specifies a different period.

Must a Texas landlord give the tenant a chance to pay before evicting?

⚠️ Flagged for legal review. Texas law does not include a statutory 'pay or cure' right for tenants the way some states do. However, lease terms and practical considerations may apply. Consult a Texas attorney for guidance on whether accepting a late payment affects your eviction case.

Does this notice apply in Austin, Houston, or Dallas?

Texas does not have statewide rent control, and most Texas cities do not have local landlord-tenant ordinances that modify the state eviction notice procedure. Local justice court rules and procedures vary by precinct — confirm with a local attorney or the relevant justice court.