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 giving at least 3 days to pay in full.
Build a notice to pay rent or vacate, $19
The rule
New Property Code 24.005(a): in a suit based solely on nonpayment against a tenant who was not late or delinquent before the month in which the notice is given, the notice must be a notice to pay rent or vacate. If the tenant was late before, the landlord may use either form.
What it must say
- The amount of rent due (rent only, not late fees)
- A deadline at least 3 days after delivery, or the lease period
- That paying the full amount by the deadline cures and no suit will be filed for this nonpayment
- That failing to pay or vacate lets the landlord file in justice court
Which notice do I need
The Texas Apartment Association's guidance matches this table.
| Situation | Notice |
|---|---|
| Nonpayment, never late before | Notice to pay rent or vacate (required) |
| Nonpayment, late before | Either; a plain notice to vacate gives no cure |
| Nonpayment plus another breach | Either |
| Lease violation only | Notice to vacate |
| Covered dwelling (CARES Act) nonpayment | 30 day notice |
In the petition
Rule 510.6(a)(11) requires you to state whether you gave a notice to vacate or a notice to pay rent or vacate, and 510.6(a)(13) requires you to state whether the tenant was previously late. The 2026 county petition forms have checkboxes for both.
Questions landlords ask
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.
Can I demand late fees in the notice?
No. Late fees cannot be the basis for eviction. List rent only.
Does the lease have to allow this notice?
No. The statute requires it regardless of what the lease says.
Sources
- SB 38 enrolled text (Acts 2025, 89th Leg., ch. 960)
- Texas Apartment Association, SB 38 summary (November 2025)
- Texas Supreme Court Misc. Docket 25-9105, Rule 510 as amended
- Texas State Law Library, The Eviction Process
Related
Texas Notice provides forms and information. These forms and this website are not a substitute for the advice of an attorney.