Texas Holdover Notice to Vacate After Tenancy Ends
Texas Holdover Notice to Vacate After Tenancy Ends
Before you use this: This notice is for a tenant who remains after the rental term or renewal period has ended. Confirm the tenancy ended before delivering it. Use a different notice for nonpayment, a foreclosure purchase, or another ground with different notice rules. If 15 U.S.C. § 9058(a) covers the dwelling, the required vacate date must be at least 30 days after this notice is delivered.
1. Parties and premises
Date prepared: [__/__/____]
From landlord or authorized agent: [________________________________]
Landlord's mailing address and contact: [________________________________]
To tenant(s): [________________________________]
Rental premises, including unit number: [________________________________]
2. End of tenancy
The tenant's right to possess the premises under the rental term or renewal period ended as follows. Complete the applicable line and attach the identified record if available.
☐ The fixed rental term or renewal period ended on [__/__/____] under the agreement dated [__/__/____].
☐ The monthly tenancy ended on [__/__/____] after a separate termination notice given on [__/__/____] under Tex. Prop. Code § 91.001 or a different notice agreement signed by both parties. Description of notice or agreement: [________________________________].
Other facts establishing that the term has ended: [________________________________]
This notice does not itself terminate a monthly tenancy. The separate Texas month-to-month termination notice addresses that earlier step.
3. Notice to vacate
You remain in possession after the rental term or renewal period ended. I demand that you vacate the premises identified above and return possession and all keys or access devices by [DATE] at [TIME].
Under Tex. Prop. Code § 24.005(a), a landlord must give a tenant who holds over at least three days' written notice before filing a forcible detainer suit, unless the parties agreed to a shorter or longer notice period in a written lease or agreement. The state prefiling period used here is [____] days after delivery of this notice, based on:
☐ The statutory three-day minimum; no different period applies under a written lease or agreement.
☐ A [____]-day period in the written lease or agreement dated [__/__/____], section [____].
☐ A longer applicable notice period identified here: [SOURCE AND PERIOD].
If 15 U.S.C. § 9058 applies to this covered dwelling, the vacate deadline stated above must be at least 30 days after delivery of this notice, even if the state prefiling period is shorter. Texas law permits filing on the state timetable but bars service of a writ of possession before the applicable federal period has run. Tex. Prop. Code § 24.005(c-1).
If you do not surrender possession by the stated deadline, I may file a forcible detainer suit seeking possession. Any disputed right to possession can be addressed in that proceeding.
Landlord or authorized agent signature: [________________________________]
Printed name and capacity: [________________________________]
Date signed: [__/__/____]
4. Delivery record
Complete this record after delivery. The deadline in Section 3 must allow the full applicable period after delivery; if delivery occurs later than planned, send a corrected notice with a later deadline.
Date and time delivered: [__/__/____] at [____:____] ☐ a.m. ☐ p.m.
Method used under Tex. Prop. Code § 24.005(f-3):
☐ Mail or delivery service. Carrier, address, tracking or mailing record: [________________________________].
☐ Placed in a conspicuous location inside the premises. Exact location and evidence: [________________________________].
☐ Hand delivered to a tenant of the premises who is at least 16 years old. Tenant's name and delivery details: [________________________________].
☐ Electronic communication authorized by the parties' written agreement. Agreement section, destination, and transmission record: [________________________________].
Person who delivered the notice: [________________________________]
Deliverer's signature and date: [________________________________] [__/__/____]
Sources and references
About this template
- Last updated
- November 14, 2026
- Citations checked
- November 14, 2026
- Jurisdiction
- Texas
- Category
- Landlord & Tenant
Legal authority
- Tex. Prop. Code § 24.005(a) (notice to vacate after tenant holds over)
- Tex. Prop. Code § 24.005(b) (foreclosure-purchaser exception)
- Tex. Prop. Code § 24.005(f-3) (delivery)
- Tex. Prop. Code § 91.001 (termination of monthly tenancies)
- 15 U.S.C. § 9058(a), (c) (covered-dwelling vacate period)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 14, 2026.
15 U.S.C. § 9058(c)(1) (checked November 14, 2026): "may not require the tenant to vacate the covered dwelling unit before the date that is 30 days after the date on which the lessor provides the tenant with a notice to vacate"
Tex. Prop. Code § 24.005(c-1)(3) (checked November 14, 2026): "a writ of possession may not be served on the tenant until the period between the delivery of the notice under this section and the service of the writ equals or exceeds the period prescribed by the federal requirement."
Tex. Prop. Code § 24.005(a) (checked November 13, 2026): "at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit"
Tex. Prop. Code § 24.005(f-3) (checked November 13, 2026): "A notice required by this section must be delivered using at least one of the following methods"
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