Documents / Eviction Notice / Texas
Texas Eviction Notice
A formal notice to a tenant to pay rent, cure a lease violation, or vacate — the required first step before an eviction case. Built for Texas, with the state-specific points that actually change what your document should say.
What Texas law changes
Texas eviction starts with a written notice to vacate, and the statutory minimum period is short compared with most states. The lease itself can lengthen or, in some circumstances, shorten that period, so the notice must be drafted against the actual lease rather than a generic form.
Delivery method matters in Texas and is specifically addressed by statute. Getting service wrong is the most common reason a justice-court eviction is dismissed, sending the landlord back to the beginning with another month of unpaid rent.
Check current figures before you sign. Deposit caps, notice periods and filing deadlines change with each legislative session. For the current position in Texas, see TexasLawHelp.org.
About this document
An eviction notice is the formal demand a landlord must serve before filing an eviction case. It comes in three forms: pay rent or quit, cure the violation or quit, and an unconditional notice to quit for serious or repeat conduct. The notice is not the eviction — it gives the tenant a stated deadline to fix the problem or move out, and only after that deadline passes can the landlord file in court.
Every part of this document is governed by state, and often city, law: the minimum number of days, the specific language the notice must contain, and how it must be served — personal delivery, substituted service, posting and mailing, or certified mail. Getting any of it wrong is not a technicality. Courts routinely dismiss eviction cases built on a defective or improperly served notice, which means serving again and starting the entire timeline over.
Common questions
How much notice do I have to give a tenant before evicting?+
It depends entirely on your state and the reason for the notice. Pay-or-quit periods commonly run from three to fourteen days, while terminations without cause typically require 30 to 60 days or more, and many cities extend those periods further. Look up your state's statute for the specific ground you are using — a notice even one day short of the minimum is invalid and the case gets dismissed.
Can I change the locks or shut off utilities if the tenant won't leave?+
No. Self-help eviction — locking a tenant out, removing belongings, cutting power or water — is illegal in virtually every state and commonly exposes the landlord to statutory damages and the tenant's legal fees. Only a court can order a tenant removed, and only a sheriff or marshal carries that order out.
What happens if the tenant pays after I serve a pay-or-quit notice?+
Full payment within the notice period normally cures the default, and the notice is spent — you cannot proceed on it. Partial payment is the trap: in many states accepting part of the rent waives the notice and forces you to serve a new one, unless you have a written agreement that acceptance is not a waiver. Decide before you deposit the check.
Eviction Notice in other states
Not your state? The general eviction notice asks which state governs it and adapts accordingly — every US state is supported.
General information about Texas law, not legal advice. Real Estate documents can carry state-specific formalities; for anything high-value or contested, have a licensed Texas attorney review it.