A well-prepared and legally compliant Texas eviction notice is the first step to a successful eviction. Create your own printable notice form today with step-by-step help and personalized templates.
Last Update January 20th, 2023
- Eviction Notice Types
- Texas Eviction Laws
- The Eviction Process in Texas
- How to Write a Notice to Quit in Texas
- Texas Eviction Notice Sample
- Texas Eviction Notice FAQs
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Eviction Notice Types
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.
Texas Eviction Laws
In order for an eviction to be legal in Texas, it must adhere to a number of critical laws in the state. First of all, an eviction can only be made with a valid reason to do so. This may only happen if:
The tenant fails to pay rent
The terms of the lease are violated
The landlord wishes to terminate the lease
The eviction notice must also include a few critical pieces of information to be considered legally effective. It must contain:
The name and address of the landlord
The name and address of the tenant
The date the notice becomes effective
The number of days’ notice that the tenant has to comply
The reason for the eviction
Any remedies or cures available to the tenant
In addition, the notice will also need to be served to the tenant in one of a few specific ways, otherwise, the tenant will not be considered properly notified. The document must be delivered in one of the following ways:
Delivered by the landlord in person
Leaving the notice with a rental unit resident who is over the age of 16
Sending the notice by certified mail
It is important to note Texas has a rental grace period of 2 days. Therefore notice can only be served to the tenant 2 days after any late payment, (according to the payment date outlined in the lease).
The Eviction Process in Texas
Landlords in Texas must follow the correct process in order to evict a tenant successfully. This can be a relatively short exercise if the tenant complies with the eviction notice. However, there are a few additional steps to take if they decide to contest their ejection from the property.
Serve the Eviction Notice: The tenant must be notified of the landlord’s plan to evict them. They will have the duration of the notice period to either correct any issues that have led to the notice being served or to leave the property.
File the Case with a Local Court: If the tenant doesn’t leave at the end of the notice period, the landlord should visit their local Justice of the Peace Court to file a Petition for Eviction From a Residential Permit.
Attend the Court Hearing: Both the landlord and tenant will need to appear in court to argue their case.
File for a Writ of Possession: If the tenant loses the case and doesn’t appeal after 5 days, the landlord should apply for a Writ of Possession from the court.
Complete the Eviction: Finally, if the tenant still won’t leave, the landlord may call upon a county sheriff to forcibly evict the tenant.
How to Write a Notice to Quit in Texas
Writing an eviction notice is a careful process. The wording of the document is specific and it must contain precise information in order to be valid.
However, this process can be made simpler using our specially prepared template and contract generator. This will take you step-by-step through the process of preparing your notice to comply with the laws of Texas.
The final printable legal form will then be able to be used in any of the following counties or cities in the state: Harris county, Dallas county, Tarrant county, Travis county, Bexar county, Collin county, Houston, San Antonio, Austin, Fort Worth
Alternatively, the Notice to Quit document can be prepared by a legal expert or a lawyer. This is nevertheless a more costly and time-consuming approach.
Texas Eviction Notice Sample
When you prepare your own Texas eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
Texas Eviction Notice FAQs
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Texas eviction notices in our FAQs below and learn how to use them effectively.
How to Evict Someone in Texas?
To evict someone in Texas, a landlord must provide a valid eviction notice. This provides a reason for the eviction and a period of time that permits the tenant to cure a lease violation (if allowed) or quit the property.
In many cases, this will resolve the problem. However, if the tenant doesn’t comply with the notice, it will be necessary to go to court to fix the issue. If the court finds in the landlord’s favor, they may call upon a sheriff to forcibly remove the tenant.
How Long is the Eviction Process in Texas?
The eviction process in Texas usually only takes around 3 weeks to complete. If a valid eviction notice is delivered, this often is enough to get the tenant to leave or cure the issue (if allowed). This can reduce the time down to as little as 3 days from when the notice has been served.
How to File an Eviction in Texas?
There are a few ways to serve eviction notices in Texas. These forms may be delivered to the tenant in one of the following ways:
Leaving the notice with a person over 16 living on the property
If the tenant fails to comply with the notice, the landlord will need to visit their local Justice of the Peace Court. They will then need to file a Petition for Eviction from a Residential Permit.