THREE-DAY NOTICE TO VACATE
(Texas - Nonpayment of Rent)
[// GUIDANCE: Texas landlord-tenant law is governed by Texas Property Code Chapters 24 (Forcible Entry and Detainer) and 92 (Residential Tenancies). For nonpayment of rent, Texas requires at least THREE (3) days' notice to vacate before filing an eviction suit, UNLESS the lease specifies a different period. The notice must demand that the tenant vacate. See Tex. Prop. Code § 24.005. Texas has a 2-day grace period for buildings with 4 or fewer units. Verify current requirements and lease terms before use.]
NOTICE INFORMATION
Date of Notice: [DATE]
Tenant Name(s): [TENANT FULL LEGAL NAME(S)]
Rental Property Address:
[STREET ADDRESS]
[CITY], Texas [ZIP CODE]
[UNIT/APT NUMBER, if applicable]
NOTICE TO VACATE
TO THE ABOVE-NAMED TENANT(S) AND ALL OTHERS IN POSSESSION:
NOTICE IS HEREBY GIVEN pursuant to Texas Property Code Section 24.005 that you are in default of your lease agreement due to nonpayment of rent.
RENT IN ARREARS
| Description | Amount |
|---|---|
| Past Due Rent for [MONTH(S)/YEAR] | $[AMOUNT] |
| Late Fee (if applicable per lease) | $[AMOUNT] |
| TOTAL AMOUNT OWED | $[TOTAL] |
DEMAND TO VACATE
You are hereby demanded to VACATE the above-described premises within THREE (3) DAYS from the date this notice is delivered or mailed.
[// GUIDANCE: The standard notice period is 3 days unless the lease specifies a shorter or longer period. Check the lease agreement.]
☐ The lease provides for a [NUMBER]-day notice period (if different from 3 days).
PAY RENT OR VACATE OPTION
[// GUIDANCE: Texas law does not require a "pay or quit" option - only a notice to vacate. However, if you wish to give the tenant an opportunity to pay before filing, you may include this option.]
☐ OPTIONAL: If you pay the full amount of rent due ($[TOTAL]) within the notice period, you may remain in possession. [Include only if landlord chooses to offer this option.]
CONSEQUENCES OF NON-COMPLIANCE
If you fail to vacate the premises within the notice period, the Landlord will file a FORCIBLE DETAINER suit against you in the Justice of the Peace Court, Precinct [NUMBER], [COUNTY] County, Texas, pursuant to Texas Property Code Chapter 24.
The Landlord will seek:
- A judgment for possession of the premises;
- A money judgment for all unpaid rent, damages, court costs, and attorney's fees.
PAYMENT INFORMATION
If the landlord is willing to accept payment to cure the default:
Name: [LANDLORD NAME OR PROPERTY MANAGEMENT COMPANY]
Address: [ADDRESS]
Phone: [PHONE NUMBER]
Acceptable Payment Methods: [CHECK / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS]
IMPORTANT LEGAL NOTICES
-
Texas Eviction Process: If an eviction suit is filed, you will be served with a citation and petition. You have the right to appear in court and present defenses.
-
Grace Period: Texas Property Code § 92.019 provides a 2-day grace period for properties with 4 or fewer dwelling units before a late fee may be charged.
-
Late Fees: For properties with more than 4 units, late fees cannot exceed 10% of the monthly rent. For properties with 4 or fewer units, late fees cannot exceed 12% of the monthly rent.
-
Right to Repair and Deduct: Under Tex. Prop. Code § 92.056, tenants may have remedies for landlord's failure to make certain repairs.
-
Prohibited Lockouts and Utility Cutoffs: Tex. Prop. Code § 92.008 et seq. prohibits landlords from locking out tenants or cutting off utilities without following proper procedures.
-
Security Deposit: Governed by Tex. Prop. Code § 92.101 et seq.
-
Military Personnel: Servicemembers on active duty may have additional rights under the federal SCRA (50 U.S.C. § 3901 et seq.).
-
Legal Assistance:
- Texas RioGrande Legal Aid: 1-888-988-9996
- Lone Star Legal Aid: 1-800-733-8394
- State Bar of Texas Lawyer Referral: (800) 252-9690
HOW THIS NOTICE MAY BE DELIVERED
Pursuant to Texas Property Code § 24.005, this notice may be delivered:
-
In person to the tenant or any person residing at the premises who is 16 years of age or older; OR
-
By mail (regular mail, registered mail, or certified mail, return receipt requested) to the premises; OR
-
By affixing the notice to the inside of the main entry door if personal delivery cannot be made and mailing is not practical (e.g., no mailbox or mail receptacle).
CERTIFICATION OF SERVICE
I, the undersigned, hereby certify that this Notice to Vacate was delivered to the above-named Tenant(s) on [DATE OF SERVICE] by the following method:
☐ Personal delivery to the tenant
☐ Personal delivery to [NAME], a person 16 years of age or older residing at the premises
☐ Regular mail to the premises
☐ Certified mail, return receipt requested, to the premises
☐ Affixing to the inside of the main entry door
LANDLORD/AGENT SIGNATURE
Landlord/Authorized Agent Name: [PRINT NAME]
Signature: ____________________________________
Date: [DATE]
Address:
[LANDLORD ADDRESS]
[CITY], Texas [ZIP CODE]
Telephone: [PHONE NUMBER]
PROOF OF SERVICE
Server Name: [PRINT NAME]
Signature: ____________________________________
Date of Service: [DATE]
Time of Service: [TIME]
Method of Service: [DESCRIBE METHOD USED]
This notice is intended to comply with Texas Property Code § 24.005. Texas requires a notice to vacate before filing an eviction suit. This template does not constitute legal advice. Consult a licensed Texas attorney for guidance specific to your situation.