Legal Notice - Eviction

[NUMBER OF-DAYS] NOTICE TO VACATE AND DEMAND FOR POSSESSION

(Texas Property Code § 24.005 compliant)

DOCUMENT HEADER

1. Parties
   1.1 Landlord: [LANDLORD LEGAL NAME], a [state & entity type]
   1.2 Tenant(s): [TENANT LEGAL NAME(S)]
   1.3 Guarantor(s) (if any): [GUARANTOR NAME(S)]

2. Premises
   2.1 Street Address: [PREMISES ADDRESS, UNIT, CITY, TX ZIP]
   2.2 Legal Description (optional): [LOT/BLOCK/SUBDIVISION]

3. Lease
   3.1 Written Lease Dated: [LEASE DATE]
   3.2 Current Term: [BEGIN DATE] – [END DATE]/Month-to-Month

4. Effective Date of Notice: [NOTICE DATE]

5. Governing Law & Venue
   This Notice is governed by the laws of the State of Texas and any eviction action shall be filed in the justice court precinct in which the Premises is located (the “Forum”).

TABLE OF CONTENTS

I. Definitions
II. Operative Provisions
III. Representations & Warranties
IV. Covenants & Restrictions
V. Default & Remedies
VI. Risk Allocation
VII. Dispute Resolution
VIII. General Provisions
IX. Certificate of Service
X. Execution Block

I. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below.

“Awarded Fees” – All attorneys’ fees, court costs, and other sums recoverable by Landlord under Texas Property Code § 24.006 and/or the Lease.
“Cure Amount” – The total amount of rent, late fees, and other charges due as of the Notice Date, itemized in Exhibit A.
“Cure Deadline” – 11:59 p.m. on the [NUMBER OF-DAYS] day after Tenant’s receipt of this Notice, calculated in accordance with Tex. Prop. Code § 24.0042 (exclude the triggering day; count weekends/holidays; extend a last day falling on a Saturday, Sunday, or state/federal holiday to the next business day).
“Notice” – This [NUMBER OF-DAYS] Notice to Vacate and Demand for Possession.
“Possession Date” – The day following the Cure Deadline (or, if no cure is offered, the [NUMBER OF-DAYS] day after receipt of this Notice).

II. OPERATIVE PROVISIONS

2.1 Grounds for Notice
a. Non-Payment of Rent in the amount of $[DELINQUENT AMOUNT]; or
b. Lease Violations described in Exhibit B; or
c. Holdover after lease expiration on [DATE]; or
d. [OTHER GROUNDS].

2.2 Demand for Possession
Pursuant to Tex. Prop. Code § 24.005, Landlord hereby DEMANDS that Tenant:
(i) Pay the Cure Amount in full on or before the Cure Deadline and otherwise cure each Lease violation set forth herein; or
(ii) Vacate, surrender, and deliver exclusive possession of the Premises to Landlord on or before the Possession Date.

2.3 Acceleration of Rent (if permitted by Lease)
If the Lease expressly authorizes acceleration, Landlord may declare future rent due only subject to applicable law, including the nonwaivable duty to mitigate damages after abandonment under Tex. Prop. Code § 91.006. Any recovery must be reduced by amounts avoided or recovered through reasonable mitigation.

2.4 Payment Instructions
Deliver certified funds payable to “[PAYEE NAME]” at [PAYMENT ADDRESS] or electronically via [E-PAYMENT PLATFORM].

2.5 Condition Precedent to Filing Suit
Expiration of the Cure Deadline without full compliance by Tenant shall constitute a condition precedent to Landlord’s right to file an eviction action in the Forum.

III. REPRESENTATIONS & WARRANTIES

3.1 Landlord Representations
a. Landlord is the record owner or authorized managing agent of the Premises.
b. This Notice complies with Texas Property Code § 24.005.

3.2 Tenant Representations (deemed made by continued occupancy)
a. Tenant is in possession of the Premises under the Lease.
b. Tenant received a copy of the Lease and all amendments.

3.3 Survival
All representations survive Tenant’s surrender of the Premises and any subsequent litigation.

IV. COVENANTS & RESTRICTIONS

4.1 Tenant Covenants
a. Pay all amounts due and surrender the Premises in broom-clean condition.
b. Remove all personal property and return all keys/fobs by the Possession Date.
c. Provide Landlord written notice of forwarding address as required by Tex. Prop. Code § 92.107.

4.2 Negative Covenants
Tenant shall not:
i. Commit waste or damage to the Premises;
ii. Interfere with Landlord’s right of re-entry after the Possession Date.

V. DEFAULT & REMEDIES

5.1 Event of Default
Failure by Tenant to timely comply with Section 2 constitutes an Event of Default.

5.2 Remedies
a. File forcible detainer action for possession;
b. Recover Awarded Fees;
c. Seek past-due rent and any future-rent damages lawfully recoverable after mitigation;
d. Pursue any additional remedies under the Lease or applicable law.

5.3 Cumulative Rights
Remedies are cumulative and not exclusive.

VI. RISK ALLOCATION

6.1 Indemnification – Not Applicable (per metadata).

6.2 Limitation of Liability – Not Applicable (per metadata).

6.3 Holdover Damages
Tenant shall be liable for holdover rent and consequential damages as provided in the Lease and Tex. Prop. Code § 24.006(b).

VII. DISPUTE RESOLUTION

7.1 Governing Law – State of Texas.

7.2 Forum Selection – Justice Court, [PRECINCT], [COUNTY] County, Texas.

7.3 Arbitration – Not available; nothing herein shall be construed to compel arbitration.

7.4 Jury Waiver – No waiver is made; each party retains its constitutional right to jury trial.

7.5 Injunctive Relief
Landlord reserves all rights to seek temporary or permanent injunctive relief to obtain possession or prevent waste.

VIII. GENERAL PROVISIONS

8.1 No Waiver
Landlord’s acceptance of partial payments or failure to enforce any right shall not constitute a waiver of any default.

8.2 Severability
If any provision of this Notice is held invalid, the remainder shall remain in full force.

8.3 Entire Notice
This Notice embodies the entire notice required under Tex. Prop. Code § 24.005 and supersedes all prior oral or written notices regarding the defaults stated herein.

8.4 Amendment
No amendment to this Notice shall be effective unless in a subsequent written notice signed by Landlord.

8.5 Electronic Signatures
Signatures transmitted by electronic means shall be deemed originals.

IX. CERTIFICATE OF SERVICE

I certify that on [SERVICE DATE] this Notice was served on each Tenant named above by:

☐ Personal delivery to Tenant; or
☐ Personal delivery to a person 16 years of age or older at the Premises; or
☐ Certified mail, return-receipt requested, to the Premises; or
☐ Delivery to the inside of the Premises in a conspicuous place (Tex. Prop. Code § 24.005(f-3)); or
☐ Regular, registered, or certified mail, or a commercial delivery service, to the Premises (§ 24.005(f-3)); or
☐ Electronic communication (email/other) only if the parties agreed to it in writing (§ 24.005(f-3)); or
☐ [OTHER STATUTORILY AUTHORIZED METHOD].

Signature: ______________________________
Name: [SERVER NAME], [Title/Capacity]

X. EXECUTION BLOCK

LANDLORD:

____________________________________
[LANDLORD LEGAL NAME]
By: _________________________________
Name: [PRINTED NAME]
Title: [AUTHORIZED SIGNATORY]
Date: ______________________________

TENANT ACKNOWLEDGMENT (optional)

Receipt acknowledged this ____ day of ____________, 20___:

____________________________________ ____________________________________
[TENANT NAME 1] [TENANT NAME 2]

(Notary block only if required by Lease or desired for evidentiary purposes.)

EXHIBIT A – ITEMIZATION OF CURE AMOUNT

1. Past-Due Rent: $_________
2. Late Fees: $_________
3. Utilities/Other: $_________
4. Total Cure Amount: $_________

EXHIBIT B – DESCRIPTION OF LEASE VIOLATIONS

• [VIOLATION 1]
• [VIOLATION 2]