Guides

A Texas notice to vacate gives the tenant at least 3 days to move out under Property Code 24.005(a), unless the written lease sets a different period.

Since January 1, 2026, a Texas tenant who was not late before the month of the notice must receive a notice to pay rent or vacate giving at least 3 days to pay in full.

Since January 1, 2026, Texas allows four delivery methods: mail, delivery inside the premises, hand delivery to a tenant 16 or older, or email if the tenant agreed in writing.

Filing is $54 in every Texas justice court; constable service runs $80 to $117 per defendant and a writ of possession $185 to $405 depending on county.

The fastest lawful Texas eviction takes about three weeks: a 3 day notice, then trial set 10 to 21 days after filing, then a writ six days after judgment.

A Texas property with a federally backed mortgage or a federal housing subsidy is a CARES Act covered dwelling and needs 30 days notice to vacate for nonpayment.

A Texas tenant with no written lease is month to month and gets at least one month's notice under Property Code 91.001 before a notice to vacate can follow.

Either side ends a Texas month to month tenancy by giving notice at least one month before the termination date under Property Code 91.001.

A Texas landlord has 30 days after the tenant surrenders the premises and gives a forwarding address to refund the deposit or send an itemized list of deductions.

SB 38 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.

Day 0, weekends, holidays, and the earliest day to file.

Three questions, the right notice, the statute.