State guide
Texas notice to vacate: notice periods and mailing rules
How much notice Texas requires to end a tenancy or demand overdue rent, what the statute says about serving notice, and a template you can mail with proof.
Published Jul 2, 2026
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How much notice is required in Texas?
For a month-to-month tenancy, at least one month's notice by either party (Tex. Prop. Code § 91.001); the tenancy ends on the later of one month after notice or the day stated in the notice. (Tex. Prop. Code § 24.005, Tex. Prop. Code § 91.001)
If your lease requires more notice than the statute, the lease controls. Count days from the date notice is properly served, not the date you write it. Statutes change — verify the current text before serving, and treat this as a starting point, not a substitute for the statute.
Nonpayment of rent notice in Texas
3 days' written notice to vacate before filing eviction (Tex. Prop. Code § 24.005), unless a written lease sets a shorter or longer period. For suits filed on or after January 1, 2026 (SB 38), a first-time rent delinquency requires a notice to pay rent or vacate rather than a bare notice to vacate.
Nonpayment notices are the strictest documents in landlord-tenant law: the wording, the cure period, and the service method often come straight from the statute, and a defective notice restarts the whole clock. Where your state publishes required form language, use it verbatim.
Serving notice by mail in Texas
§ 24.005 (as amended by SB 38, effective January 1, 2026) permits delivery by mail (first class, registered, certified, or delivery service), physical delivery, hand delivery to any tenant 16 or older, or electronic delivery if the parties agreed in writing.
Whichever method you use, keep dated proof. Certified Mail gives you a USPS record of when the notice was mailed and delivered — the fact an eviction case usually turns on.
Local rules and exceptions
Texas has no statewide rent control or just-cause eviction statute as of this page's last update. Cities and counties can still add their own notice rules — check local ordinances for the property's jurisdiction before serving.
Texas notice to vacate template (copy and edit)
This sample notice works for a Texas tenancy once you confirm the notice period above and any wording your statute or lease requires. Replace the bracketed fields, count the days carefully, and keep a copy of everything.
[Date]
[Tenant Name(s)]
[Property Address, Unit]
[City, TX ZIP]
Re: Notice to vacate — [Property Address, Unit]
Dear [Tenant Name(s)],
This letter is your written notice that your tenancy at [Property Address, Unit] will end on [Termination Date], in accordance with your rental agreement and Texas law. Please vacate and return all keys by that date.
[If month-to-month: This notice is given at least [Notice Period] days before the termination date, as required for a month-to-month tenancy in Texas.]
Please leave the unit in the condition required by your lease, and provide a forwarding address for the return of your security deposit and any required documentation.
If you have questions about this notice, contact me at [Phone / Email].
This notice is delivered by [first-class / certified] mail.
Sincerely,
[Landlord / Property Manager Name]
[Signature]
[Company, if any]
[Mailing Address]
[Phone / Email]
Fill it in, sign it, and PostalForm prints and mails it — you see the exact PDF and the exact price before anything sends, and Certified Mail adds a dated USPS delivery record.
Sources
- Tex. Prop. Code ch. 24 (Forcible Entry and Detainer)
- Texas State Law Library — The Eviction Process guide
- SB 38 (89th Leg., 2025) enrolled text
Statutes change. Verify the current text of the statute and any local ordinance before serving a notice, and talk to a Texas landlord-tenant attorney when the stakes are high. This page is general information, not legal advice.
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FAQs
- How much notice does a landlord have to give in Texas?
- at least one month's notice by either party (Tex. Prop. Code § 91.001); the tenancy ends on the later of one month after notice or the day stated in the notice. (Tex. Prop. Code § 24.005, Tex. Prop. Code § 91.001) If the lease requires more notice, the lease controls. Verify the current statute before serving.
- How many days does a tenant get to pay overdue rent in Texas?
- 3 days' written notice to vacate before filing eviction (Tex. Prop. Code § 24.005), unless a written lease sets a shorter or longer period. For suits filed on or after January 1, 2026 (SB 38), a first-time rent delinquency requires a notice to pay rent or vacate rather than a bare notice to vacate. Check the statute cited on this page for the exact wording and service requirements.
- Can I serve a Texas notice by certified mail?
- § 24.005 (as amended by SB 38, effective January 1, 2026) permits delivery by mail (first class, registered, certified, or delivery service), physical delivery, hand delivery to any tenant 16 or older, or electronic delivery if the parties agreed in writing. Certified Mail creates the dated record; count any extra days your statute adds for mailed service.
- Is this legal advice?
- No. This page summarizes Texas notice rules with citations so you can verify them, but statutes change and local ordinances can add requirements. For an eviction or any contested situation, have a Texas landlord-tenant attorney review your notice before you serve it.
- What happens if I give less notice than Texas requires?
- A defective notice is the most common way landlords lose time: a court can treat a short or improperly served notice as void, which means starting the clock over. Count days from when notice is properly served, add any days your state requires for mailed service, and keep dated proof of mailing.
Ready to send it?
Upload the signed notice as a PDF, preview every page, and see the exact price before you pay. Certified Mail adds a dated delivery record.