Which Texas notice do I need?
Since January 1, 2026, a Texas tenant who is late for the first time must get a notice to pay rent or vacate; a tenant who was late before, or who broke the lease, gets a notice to vacate.
Answer three questions and we name the notice, the number of days, and the section of the Property Code that requires it.
1. Why are you giving notice?
Questions landlords ask
Which notice do I need if the tenant did not pay rent?
If the tenant was never late before this month, Texas requires a notice to pay rent or vacate that gives them 3 days to pay in full. Property Code 24.005(a).
What if the tenant has been late before?
A tenant who was late before the month of the notice may receive a plain notice to vacate with no chance to cure, or a notice to pay rent or vacate if you would rather be paid.
What is the difference between a notice to vacate and a notice to pay rent or vacate?
A notice to pay rent or vacate lets the tenant stay by paying everything due before the deadline. A notice to vacate only tells them to move out.
Do I have to give 30 days?
Only if the property is a CARES Act covered dwelling: a federally backed mortgage or a federal subsidy. Then nonpayment takes 30 days notice, though the 30 days no longer delays filing in Texas.
Sources: SB 38 enrolled text; Texas Apartment Association SB 38 summary; Texas State Law Library. Last reviewed 2026-10-24.