When evicting a tenant in Texas, a landlord must present a Notice to Quit that provides a suitable legal reason for their removal. It also must give at least the minimum number of days’ legal notice before the process may proceed.
This means you must choose the right kind of eviction notice for your individual circumstances, or the ejection of the tenant may be challenged in court.
3-Day Notice to Quit (Non-Payment)
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 3-Day Notice to Quit (§ 24.005). This obliges them to pay rent or quit within 72 hours.
If the tenant complies and pays the rent then the notice will be nullified. If they refuse to pay or vacate the property the landlord will be able to pursue the matter further through the courts.
3-Day Notice to Quit (Non-Compliant)
In the case of a lease violation, the landlord may issue a 3-Day Notice to Quit for Non-Compliance (§ 24.005). This will often give the tenant 3 days to correct the breach or they will be obliged to leave the property.
However, unconditional 3-Day Non-Compliance notices can be issued too for more serious offenses. These don’t give the tenant any chance to correct their breach of the lease.
30-Day Eviction Notice
Landlords with tenants on flexible monthly rental agreements may end the tenancy without cause, as long as they provide a 30-Day Eviction letter. If this is used, the tenant must leave the property within 30 days of this notice being delivered (§ 91.001).
Be aware, however, if the landlord continues to accept rental payments during this period, the notice will be considered null and void. This does not include any payments of owed back rent.