Texas notice questions, answered
One sentence each, with the section. Statutes last reviewed 2026-10-24. Ask Tex (bottom right) if yours is not here.
Do I need a lawyer to evict in Texas?
No. Property Code 24.011 and Rule 510.3 let a landlord or an authorized agent appear in justice court without an attorney.
What is the most common notice mistake?
Filing one day early. The day of delivery is day 0 and a last day on a weekend or holiday rolls forward under 24.0042.
Can a landlord evict someone for no reason in Texas?
A month to month tenancy can be ended without cause on one month's notice under 91.001; a fixed term lease needs a breach or its end date.
Can I change the locks on a tenant who has not paid?
Not to exclude them. A lockout for nonpayment must follow Property Code 92.0081 exactly and give the tenant a new key on request; removing doors or cutting utilities is prohibited.
What did SB 38 change about evictions?
It added the notice to pay rent or vacate, four delivery methods including agreed email, the weekend roll forward rule, a sworn petition, and rent into the registry on every appeal.
Is a text message a valid 3 day notice in Texas?
Only if the tenant agreed in writing to electronic notice. Otherwise it is not a permitted method, though actual receipt cures the defect.
Can the lease shorten the 3 day notice?
Yes. Property Code 24.005(a) allows a written lease to set a shorter or longer period. One day leases exist; use the number in your lease. More
Does a 3 day notice to vacate expire?
The statute sets no expiration, but courts expect the suit to follow reasonably soon. If months pass or you accept rent, deliver a fresh notice. More
Who can sign the notice?
The landlord or an authorized agent, including a property manager. Rule 510.3 lets the same people appear in justice court. More
What if the tenant refuses to take it?
Leave it inside the premises in a conspicuous place if you can lawfully enter, or hand it to any tenant 16 or older. Photograph it. Refusal is not a defense when the method was permitted. More
What if the tenant pays part of the rent before the deadline?
Partial payment does not satisfy the notice unless you agree in writing. Decide before you accept it, because acceptance can be argued as a waiver. More
Can I demand late fees in the notice?
No. Late fees cannot be the basis for eviction. List rent only. More
Does the lease have to allow this notice?
No. The statute requires it regardless of what the lease says. More
Can I tape the notice to the door?
Not on the outside. Since January 1, 2026 the permitted methods are mail, inside the premises, hand delivery to a tenant 16 or older, or agreed email. More
Can I put it in the mailbox?
Only the Postal Service may place items in a mailbox. Mail it, or hand deliver it. More
Does a text message count?
Only if the tenant agreed in writing to electronic notice. Without that, a text is not a permitted method, though actual receipt cures the defect. More
Who pays the court costs?
The judgment can award costs against the tenant, but you advance them and collecting from an evicted tenant is uncertain. More
Is the filing fee the same everywhere in Texas?
Yes. The $54 justice court civil filing fee is set by statute. Service and writ fees are set by each county. More
How much does an eviction lawyer cost in Texas?
Commonly $500 to $1,500 for an uncontested justice court case, more for a contested case or an appeal. More
How long does an eviction take in Texas?
About three to five weeks from notice to writ when the tenant does not appeal; longer in busy urban precincts and if the tenant appeals to county court. More
Can a landlord evict immediately in Texas?
No. Even a squatter case under the 2026 summary disposition procedure takes a filed petition, a 4 day response window, and a judgment. More
What happens if the tenant does not leave after judgment?
On day 6 you request a writ of possession. The constable posts a 24 hour notice and then removes the occupants and property. More
How do I know if my loan is federally backed?
Check your mortgage statement or servicer. Fannie Mae and Freddie Mac have loan lookup tools on their websites. More
Does the CARES Act apply to a lease violation eviction?
No. The 30 day rule covers nonpayment of rent and other fees only. More
Do I still have to give a notice to pay rent or vacate?
Yes if the tenant was never late before. Give a 30 day notice to pay rent or vacate to satisfy both rules. More
Can I evict someone in Texas without a lease?
Yes. Terminate the month to month tenancy with one month's notice, deliver a notice to vacate if they stay, then file in justice court. More
How do I evict a family member in Texas?
The same way as any tenant: written termination, notice to vacate, eviction suit. Self help removal is illegal. More
Can police remove a squatter in Texas?
Sometimes for criminal trespass when there was never any permission, but most departments send owners to justice court. The 2026 summary disposition procedure is built for this. More
Do I need a reason to end a month to month tenancy in Texas?
No, but the termination cannot be retaliation for a repair request or complaint under Property Code 92.331. More
Can I give 30 days mid month?
You can deliver it any day, but the termination date must be at least one month out, so most landlords set it at the end of the following month to avoid a dispute. More
Does the tenant have to give me notice too?
Yes. The same one month rule applies to the tenant. More
Can I keep the deposit for unpaid rent in Texas?
Yes, if the lease allows it and you itemize it. You still owe the itemized list within 30 days. More
Is there a cap on security deposits in Texas?
No. Texas has no statutory cap, no receipt requirement, and no interest requirement. More
What if the tenant never gives a forwarding address?
You are not obligated to send the refund or the list until they do, but the deposit remains theirs. More
When did SB 38 take effect?
January 1, 2026, for eviction suits filed on or after that date. More
Do I have to use a new form?
Texas has no mandated form, but a notice that uses a repealed delivery method or skips the pay or vacate requirement risks dismissal. More
Did SB 38 change the 3 day period?
No. The default stays 3 days unless the lease sets another period. It changed how the days are counted at the end. More