Texas Notice to Vacate Template: 3-Day Notice under Property Code § 24.005 (2026 Rules)

Notice to Vacate (Texas)

Landlord’s Notice under Texas Property Code § 24.005

Date of notice: [Date]

To: [Full name of each tenant] and all other occupants
Premises: [Street address, unit, city], Texas [ZIP]

1. Type of Notice (check one)

☐ A. Notice to pay rent or vacate. You owe rent of $[Amount] for [month or period]. Pay the full amount by [Date] or vacate the premises by that date. Payment may be made by [method] to [name and address or payment portal].

☐ B. Notice to vacate. Your right to occupy the premises has ended because of:
☐ nonpayment of rent of $[Amount] for [period] (you were also late or delinquent in paying rent before this month)
☐ violation of the lease: [describe the violation, with dates]
☐ holding over after your lease or renewal period ended on [Date]
☐ other: [describe]

☐ C. Notice of termination of a month-to-month tenancy (Property Code § 91.001). Your month-to-month tenancy will end on [Date], which is at least one month after the date this notice is given [or the notice period agreed in our signed lease: ___ days]. If you remain in the premises after that date, a separate notice to vacate under option B (holding over) will be delivered before any eviction suit is filed.

2. Deadline to Vacate

You must vacate the premises and return all keys by [Date] at [Time].

This deadline is at least three days after the date this notice is delivered, counted as required by Property Code § 24.0042 [or: the notice period in your written lease, ___ days].

3. If You Do Not Vacate

If you do not [pay the full amount or] vacate by the deadline, the landlord may file an eviction suit in the justice court for the precinct where the premises are located.

4. Opportunity to Respond (if applicable)

[Complete only if your lease or a state or federal rule requires an opportunity to respond to a proposed eviction.] You may respond to this notice by [Date] by contacting [name, phone, e-mail]. Under Property Code § 24.005(e), this response period runs at the same time as the notice period above.

5. Federal Notice Period (if applicable)

☐ This property is subject to a federal law or rule that requires [number] days’ notice before you must vacate. The landlord may file an eviction suit after the notice period in Section 2, but under Property Code § 24.005(c-1) a writ of possession will not be served until at least [number] days after the date this notice was delivered.

6. Contact

Landlord or agent: [Name] · Phone: [Phone] · E-mail: [E-mail] · Address: [Address]

Signed: ___________________________ (landlord or authorized agent) Date: __________

7. Certificate of Delivery (Property Code § 24.005(f-3))

I delivered this notice on [Date] at [Time] by (check one):

☐ mail: ☐ first class ☐ registered ☐ certified (tracking number [ ]) ☐ delivery service [name, tracking number]
☐ leaving it inside the premises in a conspicuous place: [where]
☐ handing it to [name], a tenant of the premises who is 16 years of age or older
☐ e-mail or other electronic means to [address], as the tenant agreed in writing in [lease section or other agreement, dated]

Delivered by: ___________________________ (name and signature)

Appendix: Demand to Vacate for Attorney’s Fees (Property Code § 24.006)

[Use only if your written lease does not give you a right to attorney’s fees. Send by registered mail or by certified mail, return receipt requested, at least 10 days before you file the eviction suit.]

To: [Tenant name] · Premises: [Address]

You are unlawfully retaining possession of the premises. Demand is made that you vacate the premises. If you do not vacate the premises before the 11th day after the date you receive this notice and the landlord files suit, the landlord may recover attorney’s fees.

Signed: ___________________________ Date: __________

Before You Send (Delete This Section)

• Check the lease first. Three days is the default; a written lease can set a shorter or longer notice period, and that period controls.

• Unpaid rent, first time late. If the tenant was not late before this month, you must use option A and give the tenant the chance to pay.

• Deliver it the 2026 way. Use one of the four methods in Section 7. E-mail counts only if the tenant agreed to electronic notices in writing. Keep proof of delivery.

• Count correctly. Do not count the delivery day; if the last day is a weekend or holiday, add days until a business day. File only after the deadline has passed.

• Holdover tenants. End the tenancy first (option C for month-to-month tenants), then give a notice to vacate if the tenant stays.

• Foreclosure buyers. If you bought the property at a foreclosure sale and the tenant keeps paying rent, give at least 30 days’ notice to vacate.

• Federally assisted or covered properties. Check whether a federal rule requires a longer notice; see Section 5.