Texas Notice to Cure or Vacate (Lease Violation)

TEXAS NOTICE TO CURE OR VACATE (LEASE VIOLATION)

TABLE OF CONTENTS

1. Notice Header and Recipients
2. Tenancy and Premises
3. Lease Provision Violated
4. Description of Default
5. Demand to Cure or Vacate
6. Non-Curable Breach Designation
7. Statutory Authority
8. Reservation of Rights
9. Method of Delivery
10. Signature
11. Certificate / Affidavit of Service
12. Texas Practice Notes
13. Sources and References

1. NOTICE HEADER AND RECIPIENTS

NOTICE TO CURE LEASE VIOLATION OR VACATE THE PREMISES

(Tex. Prop. Code § 24.005)

Date of Notice: [__/__/____]

TO: [TENANT'S FULL LEGAL NAME] and all other occupants of the Premises

Premises Address:

[STREET ADDRESS]

[UNIT/APT NUMBER]

[CITY, TEXAS, ZIP]

[COUNTY] County, Texas

2. TENANCY AND PREMISES

2.1. You are a tenant of the above-described premises (the "Premises") under a:

• ☐ Written lease dated [__/__/____] ("Lease")
• ☐ Oral rental agreement entered on or about [__/__/____]
• ☐ Tenancy at will / sufferance

2.2. Landlord of record: [LANDLORD'S FULL LEGAL NAME / ENTITY] ("Landlord").

2.3. Authorized agent (if any): [AGENT NAME / PROPERTY MANAGEMENT COMPANY].

3. LEASE PROVISION VIOLATED

3.1. You are in material breach of the following provision(s) of the Lease and/or the rules and regulations adopted by Landlord:

3.2. The exact text of the violated provision(s) reads:

"[QUOTE EXACT LEASE LANGUAGE]"

4. DESCRIPTION OF DEFAULT

4.1. Specifically, you have violated the Lease by the following acts or omissions:

[FACTUAL DESCRIPTION — DATES, TIMES, WITNESSES, INCIDENT REPORTS, PHOTOGRAPHS REFERENCED, POLICE CALL NUMBERS, ETC.]

4.2. The violation is:

• ☐ Continuing as of the date of this Notice
• ☐ A discrete event that occurred on [__/__/____]
• ☐ A repeated event that has occurred on [DATES]

4.3. The violation has caused or threatens the following harm:

[DESCRIBE HARM: PROPERTY DAMAGE, INTERFERENCE WITH OTHER TENANTS, HEALTH/SAFETY RISK, ETC.]

5. DEMAND TO CURE OR VACATE

5.1. YOU ARE HEREBY NOTIFIED that, pursuant to Tex. Prop. Code § 24.005(a) and the Lease, you must EITHER:

• (a) CURE the violation in full on or before 11:59 P.M. on [__/__/____] by [SPECIFIC CURE STEPS — e.g., remove the unauthorized occupant; remove the unauthorized pet; cease the prohibited activity; make whole the damage and provide proof]; OR
• (b) VACATE and surrender possession of the Premises on or before 11:59 P.M. on [__/__/____] (the "Vacate Deadline").

5.2. The notice period set forth above is established under:

• ☐ The default three (3)-day notice period under Tex. Prop. Code § 24.005(a); OR
• ☐ The notice period of [____] days specified in Section [____] of the Lease.

5.3. If the violation is not fully cured by the date stated in Section 5.1(a), or if you fail to vacate by the Vacate Deadline, Landlord will, without further notice, file a forcible detainer (eviction) action under Tex. Prop. Code § 24.002 in the Justice Court of the precinct where the Premises is located.

6. NON-CURABLE BREACH DESIGNATION

6.1. ☐ This breach is designated as NON-CURABLE under Section [____] of the Lease and/or by its nature, and you are NOT entitled to a cure opportunity. You must vacate by the Vacate Deadline.

6.2. The grounds for the non-curable designation are: [GROUNDS — e.g., criminal activity, manufacture of controlled substances, threats of bodily harm, intentional damage].

7. STATUTORY AUTHORITY

7.1. This Notice is given pursuant to Tex. Prop. Code §§ 24.002 and 24.005.

7.2. After expiration of the period set forth above, Landlord may file a sworn petition for eviction in the Justice Court of the precinct where the Premises is located under Tex. Prop. Code § 24.0041 and Tex. R. Civ. P. 510.6. Citation will be issued and served by a sheriff, constable, or other authorized person under Tex. R. Civ. P. 510.8; a sheriff or constable must make a diligent effort to serve by the fifth (5th) business day after filing (§ 24.0051). No eviction trial may be held until 4 days have passed after service, and trial is set no earlier than the tenth (10th) nor later than the twenty-first (21st) day after the petition is filed (§ 24.0051; Tex. R. Civ. P. 510.15).

7.3. Landlord certifies that this Notice is given in good faith for the legitimate, non-retaliatory reasons set forth above and is not given in retaliation against you for any conduct protected by Tex. Prop. Code § 92.331.

8. RESERVATION OF RIGHTS

8.1. Landlord's acceptance of any rent for periods after the date of this Notice shall not constitute a waiver of the breach unless agreed in writing signed by Landlord. The parties' Lease contains a non-waiver clause that survives this Notice.

8.2. Nothing in this Notice waives Landlord's right to recover damages, attorney's fees, court costs, or any other amount owed under the Lease.

8.3. Landlord reserves all rights and remedies available at law or in equity.

9. METHOD OF DELIVERY

This Notice was delivered by the following method authorized by Tex. Prop. Code § 24.005(f-3):

• ☐ Hand delivery to a tenant of the Premises 16 years of age or older
• ☐ Delivery to the inside of the Premises in a conspicuous place
• ☐ First class mail
• ☐ Registered mail
• ☐ Certified mail, return receipt requested (Tracking #: [____________])
• ☐ Tracked delivery service (Carrier: [__________], Tracking #: [____________])
• ☐ Electronic communication (e-mail/other) — only if the parties have agreed in writing

10. SIGNATURE

Date: [__/__/____]

[________________________________]

[LANDLORD / AUTHORIZED AGENT]

Print Name: [____________________]

Title: [____________________]

Address: [____________________]

Telephone: [____________________]

Email: [____________________]

11. CERTIFICATE / AFFIDAVIT OF SERVICE

STATE OF TEXAS

COUNTY OF [COUNTY]

I, [NAME OF SERVER], being competent to make this affidavit and over the age of 18, state that on [__/__/____] at approximately [____ a.m./p.m.], I delivered a true and correct copy of the foregoing NOTICE TO CURE OR VACATE to [TENANT NAME] at [PREMISES ADDRESS] by the method indicated in Section 9 above.

[________________________________]

[NAME OF SERVER]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — State of Texas

(My Commission Expires: [_______________])

12. TEXAS PRACTICE NOTES

• Default notice period. Tex. Prop. Code § 24.005(a) sets three (3) days as the floor unless the lease provides otherwise. Many TAA-form leases shorten the period or designate certain conduct as non-curable.
• Curability is a lease question. Texas does not impose a statutory cure period for non-monetary defaults. Whether the tenant has a right to cure, and how long, depends on the lease and any applicable municipal ordinances.
• Documentation. Build the file BEFORE serving notice. Date-stamped photographs, witness statements (signed by tenants/neighbors), incident logs, police call numbers, and TAA "Notice of Lease Violation" intermediate notices reduce defense exposure. Many TAA leases require an internal warning before a notice to vacate.
• Anti-retaliation. § 92.331 creates a presumption of retaliation if eviction is filed within six (6) months of the tenant's protected activity. § 92.332 lists permissible non-retaliatory grounds (delinquent rent, threat of bodily harm, intentional damage, etc.). Document the legitimate basis carefully.
• Service and trial timing in the eviction suit. Under SB 38 (eff. Jan. 1, 2026) and the rewritten Rule 510: a sheriff or constable must make a diligent effort to serve by the 5th business day after filing (§ 24.0051); no eviction trial may be held until 4 days after service (Rule 510.15(b)); trial is set 10–21 days after filing (§ 24.0051). Rule 510 is now the exclusive rule governing eviction cases.
• Filing fee. JP-court filing fees vary by county; constable / sheriff service fees are additional. Budget approximately $80–$155 in 2026, depending on precinct.
• Subsidized housing / VAWA / SCRA. Section 8, HUD, USDA-RD, and LIHTC-assisted leases impose additional notice and "good cause" requirements. VAWA (34 U.S.C. § 12491) and the SCRA (50 U.S.C. § 3931) supply federal defenses. Confirm funding source and tenant status.
• OCA forms. Use the Texas Office of Court Administration / Texas Justice Court Training Center "Petition: Eviction Case" form for the petition. This Notice is the predicate.
• Local ordinances. Austin, Dallas, Houston, San Antonio, El Paso, and other Texas municipalities have local notice or "tenant relocation" provisions. Confirm city and HOA rules before service.

13. SOURCES AND REFERENCES

• Tex. Prop. Code § 24.005 — Notice to Vacate Prior to Filing Eviction Suit — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.24.htm
• Tex. Prop. Code § 24.002 — Forcible Detainer — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.24.htm
• Tex. Prop. Code § 92.331 — Retaliation by Landlord — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
• Tex. Prop. Code § 92.332 — Non-Retaliation — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
• Tex. R. Civ. P. 510 (Eviction Cases) — https://www.txcourts.gov/rules-forms/rules-standards/
• Texas State Law Library, "The Eviction Process" — https://guides.sll.texas.gov/landlord-tenant-law/eviction-process
• Texas Justice Court Training Center, Eviction Deskbook — https://www.tjctc.org/tjctc-resources/forms.html
• FindLaw, Tex. Prop. Code § 92.331 — https://codes.findlaw.com/tx/property-code/prop-sect-92-331/
• Texas Public Law, § 92.331 — https://texas.public.law/statutes/tex._prop._code_section_92.331

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Texas must review and customize this document before use. Laws, citations, and rules change frequently; verify all authorities before service.