Texas Notice to Pay Rent or Vacate
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 that gives at least 3 days to pay in full.
- ✓Deadline date computed under Property Code 24.0042, including the weekend and holiday roll forward
- ✓States the exact amount due and that full payment by the deadline cures
- ✓Declaration of delivery that mirrors the 2026 petition questions
- ✓Your dates, the eviction timeline, and a filing checklist
Not sure this is the right notice? Answer three questions.
NOTICE TO PAY RENT OR VACATE
Date: October 24, 2026
To: Tenant name(s) and all other occupants
Premises: Street address, unit, city, Texas ZIP
You are hereby notified that rent for the premises described above in the amount of $__________ is past due and unpaid.
You must pay the full amount of $__________ to the landlord no later than 11:59 p.m. on Tuesday, October 27, 2026, or vacate and surrender possession of the premises by that date and time. This is at least 3 days after delivery of this notice, as required by Texas Property Code Section 24.005(a).
If you pay the full amount due by the deadline, you do not have to move and no eviction suit will be filed for this nonpayment. Partial payment does not satisfy this notice unless the landlord agrees in writing.
If you neither pay in full nor vacate by the deadline, the landlord may file an eviction suit against you in the Justice Court of County, Texas, without further notice. You may be liable for court costs and, where the lease or law allows, attorney fees.
You may not be evicted for nonpayment of late fees alone.
Given under Texas Property Code Sections 24.005 and 24.0042.
Questions landlords ask
When is a notice to pay rent or vacate required in Texas?
When nonpayment is the only ground and the tenant was not late or delinquent before the month of the notice. Property Code 24.005(a), effective January 1, 2026.
What if the tenant pays part of the rent?
Partial payment does not satisfy the notice unless you agree in writing. Accepting it may still be argued as a waiver, so decide before you take it.
Can the notice demand late fees?
List rent only. A Texas tenant may not be evicted for nonpayment of late fees alone.
Statutes last reviewed 2026-10-24. Sources: SB 38 enrolled text; Texas Supreme Court Misc. Docket 25-9105 (Rule 510); Texas State Law Library.