Texas 3 day notice to vacate

When a plain notice to vacate is the right notice

Use a notice to vacate for a lease violation other than rent, for a tenant holding over after the tenancy ended, or for nonpayment by a tenant who was late or delinquent before the month of the notice.

Since January 1, 2026, a tenant late for the first time must instead get a notice to pay rent or vacate. Sending a plain notice to vacate to a first time late tenant is the most common way a 2026 case gets dismissed.

What the notice must contain

Texas has no mandated form. A justice court looks for:

• The tenant names and the premises address
• A clear statement to vacate and surrender possession
• The deadline date, at least 3 days after delivery (or the lease period)
• The ground, stated plainly
• The landlord or agent's name and contact information
• A statement that the landlord may file an eviction suit if the tenant does not comply

How to deliver it in 2026

Property Code 24.005(f-3) now allows exactly four methods: mail (first class, registered, certified, or a delivery service), delivery to the inside of the premises in a conspicuous place, hand delivery to any tenant 16 or older, or email or other electronic delivery if the parties agreed in writing. Posting on the outside of the door no longer counts. If the tenant actually receives the notice, a method defect is cured (24.005(f-4)).

How to count the 3 days

The day you deliver is day 0. Weekends and holidays count. If the last day falls on a Saturday, Sunday or a state or federal holiday, the tenant has through the next business day (Property Code 24.0042). Deliver Wednesday, the third day is Saturday, the period runs through Monday, and you file Tuesday.

After the deadline

File a sworn petition in the justice court for the precinct where the property sits. Filing is $54. The petition must state the notice type, the delivery date and method, and for nonpayment whether the tenant was previously late (Rule 510.6(a)). Bring a copy of the lease and the notice.