Built for the January 1, 2026 law

Texas Notice to Vacate

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, and offers no chance to cure.

✓Correct for lease violations, holdovers after the tenancy ended, and nonpayment by a tenant who was late before
✓Unconditional language so accepting rent is not implied
✓Declaration of delivery with the four 2026 delivery methods
✓Your dates, the eviction timeline, and a filing checklist

Not sure this is the right notice? Answer three questions.

The tenant and the property

Tenant name(s)

Name every adult on the lease. Add "and all other occupants" so the notice covers everyone living there.

Premises address

County

Why

Reason for the notice

Pick one. If the tenant was never late before this month and the only problem is rent, you need the Notice to Pay Rent or Vacate instead.

Delivery

Date you will deliver it

Notice period

3 unless your written lease sets a different period.

Delivery method

Hand delivery to any tenant 16 or older is the cleanest proof. Property Code 24.005(f-3).

Deadline printed on the notice: Tuesday, October 27, 2026

Earliest filing date: Wednesday, October 28, 2026

You

Landlord or agent name

Phone

Your mailing address (where the tenant can pay or reply)

Email for your PDF

Upgrade to the Texas Eviction Kit, $49 totalAdds the petition worksheet with every Rule 510.6 item pre filled from this notice, the county fee card, and the filing checklist. Saves the second trip when the tenant does not leave.

One time payment through Stripe. No subscription, no trial, no auto renew. PDF emailed and downloadable immediately. Refund if a Texas justice court rejects the notice for a content defect; send us the court's reason within 30 days.

Live preview

PREVIEW

NOTICE TO VACATE

Date: October 24, 2026

To: Tenant name(s) and all other occupants

Premises: Street address, unit, city, Texas ZIP

You are in default under your lease for the following reason: violation of the lease.

You are hereby given notice to vacate and surrender possession of the premises described above no later than 11:59 p.m. on Tuesday, October 27, 2026. This is at least 3 days after delivery of this notice, as required by Texas Property Code Section 24.005(a).

This notice is unconditional. The landlord is not obligated to accept rent or any other performance after delivery of this notice.

If you fail to 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.

Given under Texas Property Code Sections 24.005 and 24.0042.

Landlord name

Landlord or authorized agent

Page 2: Declaration of delivery (Hand delivery to a tenant 16 or older, Saturday, October 24, 2026). Page 3: your dates, the 2026 eviction timeline and a filing checklist.

Questions landlords ask

Can I use a notice to vacate for nonpayment?

Only if the tenant was late or delinquent before the month of the notice. A first time late tenant must get a notice to pay rent or vacate.

Does the lease have to give a reason?

The notice should state the default plainly. The petition will repeat the ground, so be specific and factual.

Can I still post it on the door?

Not on the outside. Since January 1, 2026 the permitted methods are mail, leaving it inside the premises in a conspicuous place, hand delivery to a tenant 16 or older, or email if agreed in writing.

Statutes last reviewed 2026-10-24. Sources: SB 38 enrolled text; Texas Supreme Court Misc. Docket 25-9105 (Rule 510); Texas State Law Library.