What is a Texas Eviction Notice or Notice to Quit?
When to use a Texas Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any provision of the lease or rental agreement.
- The lease or rental agreement has expired and the tenant has remained on the property.
- You wish to terminate a month-to-month tenancy.
DAY NOTICE TO VACATE3 DAY NOTICE TO VACATE 30 DAY NOTICE TO TERMINATE TENANCY
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.
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.
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.
Texas Eviction Notice FAQs
Am I allowed to evict a tenant for unpaid rent in Texas?
In general, yes. You can draft a Texas Eviction Notice (more specifically referred to as a 3-Day Notice to Quit) to kick off the process. However, due to the pandemic, some limitations and protections have been established for tenants. Although the eviction moratorium imposed by the CDC was blocked at the federal level, the state and municipal governments in Texas are able to create and enforce their own restrictions for evictions. Ask a local lawyer, if you are unsure.
Why would a property owner use an Eviction Notice in Texas?
If you wish to file an eviction lawsuit against a tenant, you are required to deliver a Notice of Eviction as a first step. Here are some situations where you may need to use one:
- The tenant has fallen behind on rent payments
- The tenant brings in a cat or dog and your rental contract contains a no-animals clause
- The tenant brings on a subletter in violation of the rental terms
- The tenant has caused material damage to the property
- The tenant creates a nuisance or disturbs their neighbors
- The tenant is using the property for illegal activity
Outside of these examples, a tenant generally may be evicted by their landlord for other reasons that are not related to their conduct, such as when the owner needs to move back in. Please note that the list shown above isn't absolutely exhaustive and that the lawfully acceptable reasons for evicting tenants may change. If you have any particular hesitations or questions related to Texas eviction laws, you can connect with an attorney.
How should a Texas Notice to Vacate be structured?
You can tap or click on "Make document" to check out the Texas Eviction Notice sample and see what information you'll need to build your eviction letter. Before getting started, you generally might want to organize the following critical details for a Notice to Vacate in Texas:
- The address and description of your property
- The lessee's contact information
- How many past due rent payments need to be made (if appropriate)
- How long the notice period will last
- Which of the lease provisions have been violated
If your tenant is not at fault, you are able to add more details since the decision could potentially be a surprise. More custom modifications are possible, if necessary. It is important to verify that any policies and terms that you reference in the Eviction Notice are spelled out in the rental contract that was signed by all parties.
How will Texas eviction laws impact me as a residential property owner?
Eviction laws often change over time and the actual legal process and guidelines can be relatively nuanced for a first-timer. In certain cases, there will be varying notice periods or other requirements depending on how long the tenant has lived in the unit and why they are being evicted. As a result, it is highly recommended that every landlord speak with an eviction lawyer when writing a Notice of Eviction.
How can I fill out a Texas Eviction Notice template for free?
Fortunately, you will not need to start from scratch when making your document. When using Rocket Lawyer, you are able to create Texas Eviction Notices online very easily. Your document will be assembled piece by piece so you can feel confident that it contains all of the relevant details. This route, in most cases, would end up being much more affordable than finding and hiring a traditional attorney.
What would I typically need to pay to get an attorney's help with evicting a tenant in Texas?
If you want to understand what the full cost of an eviction would be, you'll need to take into consideration the cost of filing court documents, attorney fees, the value of unrecovered rent payments, storage and cleaning fees, and ultimately, the time and money spent looking for a new tenant. Fortunately, you will not need to pay hundreds of dollars to make a Notice of Eviction. When using Rocket Lawyer, you are not just filling out an eviction template. In case you ever need assistance from a lawyer, your membership offers up to a 40% discount when you hire an attorney.
How long does it take to complete the Texas eviction process from beginning to end?
The duration of the eviction process for Texas tenants depends on the type of notice, along with the total volume of proceedings occurring simultaneously. Below, you will find a generalized breakdown of Texas notice periods:
- Rent-related: 3-day notice
- Rental agreement violations: 3-day notice
- No direct fault: 1-month notice
After the notice period is over, the eviction itself can still take between 4 and 10 weeks. It is important to note that in certain kinds of housing, for instance where rent is subsidized by the government, the notice period may be longer.
Do I need a lawyer when evicting someone in Texas?
While it is feasible to prepare an Eviction Notice without assistance, most rental property owners who take tenants to court have legal representation. Depending on whom you approach, some lawyers may not even agree to review documents that they didn't author. A more favorable approach might be through Rocket Lawyer attorney services. If you sign up for a Premium membership, you can request a document review from an experienced attorney or get answers to other legal questions related to your TX Eviction Notice. We're here for you.
Is anything else required after drafting a Notice of Eviction/Notice to Quit in Texas?
Upon finishing your Texas Eviction Notice with Rocket Lawyer, you'll be able to retrieve it wherever and whenever you choose. You should feel free to engage with it by editing it and saving it in PDF format or as a Word document. You will need to sign the notice before it is served on the tenant(s). Your Texas Eviction Notice includes an affidavit of service so that you can have clear documentation of the delivery. There are a few methods for serving a notice:
- Work with a professional process server
- Send it through certified mail with a return receipt
- Deliver it personally
As a reminder, "do-it-yourself" or "self-help" evictions are illegal. You shouldn't shut off utilities, throw out personal belongings, change the locks or harass and threaten your tenant in any way in order to force them out. Acting lawfully before and during the eviction process is critical to removing tenants successfully with a final judgment from the court.