Notify tenant of intent to evict in Texas: Texas Eviction Notice
What we’ll cover
What is a Texas Eviction Notice or Notice to Quit?
If you own or manage residential property in Texas, you can create a Texas Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.
With Texas Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.
Our Eviction Notice for Texas can be used for residential property within the Lone Star State. If rent control or local laws complicate your tenant eviction, you may want to consult a Rocket Legal Pro™.
When to use a Texas Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated a provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample Texas Eviction Notice
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Complies with relevant laws
DAY NOTICE TO VACATE3 DAY NOTICE TO VACATE 30 DAY NOTICE TO TERMINATE TENANCY
, Texas
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Texas
PLEASE TAKE FURTHER NOTICE that within THREE (3) days after service of this notice, you are hereby required to pay the above-listed amounts in full OR vacate the subject premises, move out, and deliver up possession of the same to . Failure to pay the rent and late fee in full OR vacate the premises WITHIN THREE (3) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will cause Landlord to institute a forcible detainer lawsuit against you to recover rent, damages and possession of said premises, plus attorney's fees and costs of suit, as may be permitted under the laws of the State of Texas. The exact date and time by which you are required to pay in full or vacate is at at .
PLEASE TAKE NOTICE that you have violated the following term(s) in your lease and/or rental agreement dated : .
PLEASE TAKE FURTHER NOTICE that within THREE (3) days after service of this notice, you are hereby required to perform the aforesaid covenant(s) OR quit the subject premises, move out, and deliver up possession of the same to . Failure to perform aforesaid covenant(s) OR vacate the premises WITHIN THREE (3) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a forcible detainer lawsuit against you to recover rent, damages and possession of said premises as permitted under the laws of the State of Texas. The exact date and time by which you are required to perform the covenant or vacate is at at .
PLEASE TAKE NOTICE that your month-to-month tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date THIRTY (30) days after the service of this NOTICE upon you. YOU ARE HEREBY required to vacate and surrender possession thereof to on or before the date THIRTY (30) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will cause Landlord to institute a forcible detainer lawsuit against you to recover rent, damages and possession of said premises as permitted under the laws of the State of Texas. The exact date and time by which you must vacate the premises is at .
PLEASE TAKE NOTICE that the lease and/or rental agreement under which you hold the possession of the herein described premises has expired as of .
PLEASE TAKE FURTHER NOTICE that within THREE (3) days after service of this notice, you are required to vacate and deliver up possession of the premises to on or before that date. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a forcible detainer lawsuit against you to recover rent, damages and possession of said premises as may be permitted under the laws of the State of Texas. The exact date and time by which you must vacate the premises is at at .
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF TEXAS INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Dated:
By: ______________________________
| , |
AFFIDAVIT OF SERVICE
I, the undersigned, being at least 18 years of age, declare under penalty of perjury that I served the above notice, of which this is a true copy, on the following tenant(s) in possession in the manner(s) indicated below:
__ On _____________, I handed the notice to the tenant(s) personally.
__ On _____________, I handed the notice to a person at the premises who is 16 years of age or older, OR affixed the notice to the inside of the main entry door.
__ On _____________, I securely affixed the notice to the outside of the main entry door, because the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents me from entering the premises to leave the notice to vacate on the inside of the main entry door.
__ On _____________, I mailed a true copy by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question.
Executed on ____________________
Served by ______________________
Texas Eviction Notice Checklist
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___Sign this document. This document needs to be signed by:
___Everyone gets a copy. Each tenant named in the document should receive an individual copy of the signed notice.
___Serve the document. Deliver a copy of the notice and sign the Affidavit of Service or hire a certified process server to legally serve the tenant(s). Make sure the service of the notice complies with Texas state law.
Important Details
You may never forcibly evict a tenant without going through the formal tenant eviction process.
Once you give notice to the tenant, you must wait until the notice period is up to see if the tenant does what the notice asks within the time allowed. If the tenant does not comply, you can file a forcible detainer lawsuit in Justice Court to evict the tenant. If the tenant does what the notice requires (like pay past due rent in full), then you cannot file a forcible detainer lawsuit. If the notice is not correctable, such as a 30-Day Notice to Terminate Tenancy, you can file a forcible detainer lawsuit in Justice Court when the notice period ends.
If you end up having to file a forcible detainer lawsuit, make sure you file your eviction case in the right Justice Court. Texas Justice Courts are broken up by county, and you must file your case in the correct county.
About Eviction Notices in Texas
Learn about how to notify tenant of intent to evict in Texas
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Different types and reasons for evictions in Texas
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent (provision in lease has a certain amount of days)
“Texas #-Day Notice to Vacate” (“#” should be replaced by the number of days in the provision)
Determined by lease provision
Texas State Property Codes 24.005 and 91.001
Nonpayment of rent (no lease provision)
“Texas 3-Day Notice to Vacate”
3 days’ notice
Texas State Property Codes 24.005 and 91.001
Violation of lease or rental agreement (provision in lease has a certain amount of days)
“Texas #-Day Notice to Vacate” (“#” should be replaced by the number of days in the provision)
Determined by lease provision
Texas State Property Codes 24.005 and 91.001
Violation of lease or rental agreement (no lease provision)
“Texas 3-Day Notice to Vacate”
3 days’ notice
Texas State Property Codes 24.005 and 91.001
Termination of weekly periodic tenancy
“Texas 7-Day Notice to Terminate Tenancy”
7 days’ notice
Texas State Property Codes 24.005 and 91.001
Termination of monthly periodic tenancy
“Texas 30-Day Notice to Terminate Tenancy”
30 days’ notice
Texas State Property Codes 24.005 and 91.001
Termination of yearly periodic tenancy
“Texas 30-Day Notice to Terminate Tenancy”
30 days’ notice
Texas State Property Codes 24.005 and 91.001
Lease holdover (no lease provision)
“Texas 3-Day Notice to Vacate”
3 days’ notice
Texas State Property Codes 24.005 and 91.001
Nonpayment of rent (provision in lease has a certain amount of days) “Texas #-Day Notice to Vacate” (“#” should be replaced by the number of days in the provision)
Determined by lease provision
Texas State Property Codes 24.005 and 91.001
Illegal activity (provision in lease has a certain amount of days)
“Texas #-Day Notice to Vacate” (“#” should be replaced by the number of days in the provision)
Determined by lease provision
Texas State Property Codes 24.005 and 91.001
Illegal activity (no lease provision)
“Texas 3-Day Notice to Vacate”
3 days’ notice
Texas State Property Codes 24.005 and 91.001
Regardless of the type of notice you need, we can help you build it. Get started now!
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Requirements, liabilities, and tenant protection for evictions in Texas
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT
The landlord must give a tenant who defaults at least three days' written notice to vacate before filing an eviction lawsuit, unless a different notice period is agreed upon in writing. (Tex. Prop. Code § 24.005)
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE
If a tenant stays beyond the rental term, the landlord must give at least three days' written notice to vacate before filing an eviction lawsuit, unless a different notice period is agreed upon in writing. (Tex. Prop. Code § 24.005)
NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY
When a writ of possession is executed, the officer must instruct the tenant to remove all personal property or allow the landlord to do so. The officer can hire a bonded or insured warehouseman to remove and store the property, but the landlord is not required to store it. (Tex. Prop. Code § 24.0061)
TENANT PROTECTION REGARDING FORECLOSURES
If a building is bought at a foreclosure sale under a lien that is higher than the tenant's lease, and the tenant is up-to-date on rent and not in default, the new owner must give the tenant at least 30 days' written notice to vacate if they choose not to continue the lease. (Tex. Prop. Code § 24.005(b))
MORE RELEVANT LAWS
Tex. Prop. Code §§ 24.001 through 24.011; Tex. Prop. Code § 92.335.
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How to write a Texas Eviction Notice
Below is a list of details you may need when preparing a Texas Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.
1. Start with the rental addresses
Addresses of the rental property and landlord or property management company.
2. List all tenant names
Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.
3. Include the status and date of the Lease Agreement
Whether the lease is still active or not, or if there is a lease at all.
4. Detail the reason that the notice is being served
Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered.
Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea.
Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.
5. Provide the number of days for the notice period
The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice.
6. Attach the proof of service
When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In Texas, this is often called an Affidavit of Service.
Luckily, you don't need to start from scratch when making a Texas Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.
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The eviction process in Texas: what happens after making an Eviction Notice?
Now that you have made your Texas Eviction Notice with Rocket Lawyer, you might be wondering: what now?
The next step is to serve it. You must sign the notice before serving it on the tenant(s) – and there are a few methods for serving the notice:
- Work with a professional process server.
- Send it through certified mail with a return receipt.
- Deliver it personally.
Please remember that "self-help" or "DIY" evictions are illegal in Texas. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.
What happens after the notice period?
If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit, also known as a Forcible Detainer lawsuit.
What are some essentials throughout the eviction process?
As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.
In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case.
If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The Texas website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently.
Texas Eviction Notice FAQs
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Do I need an Eviction Notice in Texas?
Generally speaking, yes, if you wish to remove a tenant from your Texas rental property, you must always provide them with a Notice of Eviction first to start the process.
Some of the most common situations in which you might need one include:
- The tenant is habitually late to pay their rent or they are behind on payments.
- The tenant has caused substantial damage.
- The tenant harasses or disturbs the quiet enjoyment of their neighbors.
- The tenant is using your property for an illegal business.
- The tenant gets a dog or cat and the rental contract forbids pets.
- The tenant sublets their unit in breach of the agreement.
Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in.
Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about Texas eviction laws, reach out to a Rocket Legal Pro™.
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Do I need a lawyer if I am evicting someone in Texas?
While you can choose to make a Texas Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful.
A Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price.
As a property owner or manager, you can be confident that Rocket Lawyer is by your side.
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How do Texas eviction laws affect me as a rental property owner?
Laws change depending on where you (and your property) are. The notice periods in Texas, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary.
This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in Texas - or anywhere else - to any tenant.
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How do I create a Texas Eviction Notice template for free?
Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make a Texas Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions.
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How is a Texas Notice to Vacate structured?
That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:
- The address and description of the property.
- The renter's contact information.
- How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
- Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
- How much time the tenant has to resolve the situation.
In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the Texas Eviction Notice are present in the fully executed rental contract.
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How much might it normally cost to evict a tenant in Texas?
The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant.
A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.
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How long does it take to complete the Texas eviction process from beginning to end?
The duration of the eviction process for Texas tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one.
Below, you'll find a basic explanation of Texas notice periods to get you started:
- Rent-related: 3-day notice.
- Rental agreement violations: 3-day notice.
- No direct fault: 1-month notice.
If the tenant decides to leave before the notice period ends - which is common - the process actually becomes a lot shorter.
If that doesn’t happen, when your notice period is over, the actual eviction may take anywhere from 4 and 10 weeks. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
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What are my next steps after I have made an Eviction Notice/Notice to Quit in Texas?
After making a Texas Eviction Notice, the next step is to serve it. You may read more about the eviction process in Texas and everything that follows here.
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What happens after the given notice period is over in Texas?
If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit, also known as a Forcible Detainer lawsuit.
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