Texas Eviction Notice
Create a proper Texas eviction notice — pay-or-quit, cure-or-quit, or termination — and download a print-ready PDF. Free, no signup. The preview updates as you type.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
What happens after the notice in Texas
If the tenant does not comply, the eviction moves to court. These are Texas’s own rules for that step, from the judiciary and the statute.
- What the case is called. In Texas an eviction lawsuit is a(n) Eviction suit (forcible detainer / forcible entry and detainer) action. — Tex. Prop. Code § 24.004(a) ↗
- Where to file. If the tenant doesn’t comply with the notice, the landlord files in the Justice Court (precinct where the property is located). — Tex. Prop. Code § 24.004(a) (current through 89th Leg. 2nd C.S., 2025) ↗
- How to serve the notice. At least 3 days' written notice to vacate (or pay-or-vacate) delivered by mail (first class, registered, certified or delivery service), delivery inside the premises in a conspicuous place, hand delivery to any tenant 16+, or e-mail/electronic if agreed in writing (eff. Jan. 1, 2026). — Tex. Prop. Code § 24.005(a), (f-3) as amended by Acts 2025, 89th Leg., Ch. 960 (S.B. 38), eff. January 1, 2026 ↗
- Filing fee. $54 filing fee per TJCTC self-help packet, plus per-tenant constable/sheriff service fee. — TJCTC Self-Help Information Packet – Eviction Plaintiff (2026) ↗
- Official guidance. Texas publishes its own instructions for the court step; read them before filing. — Texas Justice Court Training Center (Texas State University) – Eviction Plaintiff self-help ↗
- No self-help. Tex. Prop. Code § 92.0081(b): landlord may not intentionally prevent a tenant from entering except by judicial process (narrow exceptions incl. rent-delinquency lock change with notice); § 92.008 bars utility interruption. — Tex. Prop. Code § 92.0081(b) and § 92.008(a) ↗
Each point links to the Texas source it was taken from. Rules change; confirm before relying on them.
Texas notice periods · as of 2026
- Non-payment of rent
- 3 days
- Lease violation (cure)
- Often unconditional
- End month-to-month
- One month
Source: Tex. Prop. Code § 24.005; § 91.001 · verify ↗. Using the wrong number can void the notice — confirm the current rule before you serve it.
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Types of eviction notice
- Pay or quit — for unpaid rent: pay by the deadline or move out.
- Cure or quit — for a lease violation: fix it by the deadline or move out.
- Unconditional / termination — to end a month-to-month tenancy or for serious violations.
Texas notice period & service
The number of days and how you must deliver the notice are set by Texas law — get both right, keep proof of service, and never lock out or remove a tenant yourself. Check the current Texas eviction rules before serving.
If the tenant moves out still owing rent, the notice won’t collect it. Put the amount and a deadline in writing with a Texas demand letter for payment; if it’s ignored, you can file in Texas small claims court, where the limit is $20,000.
Frequently asked questions
How many days notice do I have to give in Texas?
In Texas, a non-payment (pay-or-quit) notice must give the tenant 3 days to pay or leave (as of 2026). Source: Tex. Prop. Code § 24.005; § 91.001. Notice periods for lease violations or ending a tenancy differ — see the box on this page and confirm current law before serving.
How do I serve the notice in Texas?
States set rules for delivery — often personal delivery, leaving it with an adult at the home, and/or mailing a copy. Keep proof of how and when you served it. Improper service is a common reason eviction cases get dismissed, so follow Texas’s method carefully.
Do I need a lawyer?
Not always for the notice itself, but eviction is technical and a small mistake can restart the clock. For contested cases, commercial properties, or if the tenant has an attorney, it’s worth consulting a landlord-tenant lawyer in Texas.
Where does a landlord file an eviction case in Texas?
If the tenant does not comply with the notice, the landlord files in the Justice Court (precinct where the property is located) (the case is called a(n) Eviction suit (forcible detainer / forcible entry and detainer) action). Source: Tex. Prop. Code § 24.004(a) (current through 89th Leg. 2nd C.S., 2025).
How must an eviction notice be served in Texas?
At least 3 days' written notice to vacate (or pay-or-vacate) delivered by mail (first class, registered, certified or delivery service), delivery inside the premises in a conspicuous place, hand delivery to any tenant 16+, or e-mail/electronic if agreed in writing (eff. Jan. 1, 2026). Source: Tex. Prop. Code § 24.005(a), (f-3) as amended by Acts 2025, 89th Leg., Ch. 960 (S.B. 38), eff. January 1, 2026.
What does it cost to file an eviction in Texas?
$54 filing fee per TJCTC self-help packet, plus per-tenant constable/sheriff service fee. Source: TJCTC Self-Help Information Packet – Eviction Plaintiff (2026).
How does Texas compare? See the notice periods in all 50 states, every figure cited to statute. Not sure which notice applies? Try the 2-question wizard.
What comes after the notice? The Texas eviction timeline dates every step, from filing to the writ of possession.
How Texas compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Texas: Tex. Prop. Code § 24.005; § 91.001 ↗.
- Notice to pay rent or quit
Notice to pay rent or quit: 3 days — below the national median of 5 days across the 47 states with a statutory rule.
This is the most common figure nationally — shared by 15 other states.
Notice to pay rent or quit in neighboring states — Arkansas (3 days), Louisiana (5 days), New Mexico (3 days), Oklahoma (5 days).
- Notice to cure a lease violation
Texas sets no statutory cure period for lease violations; check the lease and local court rules before serving.
Notice to cure a lease violation in neighboring states — Arkansas (14 days), Louisiana (no statutory rule), New Mexico (7 days), Oklahoma (15 days).
- Notice to end a month-to-month tenancy
Texas counts this notice in months, not days: the tenancy ends one month after the day the notice is given (28 to 31 days, depending on the month), unless a lease signed by both sides sets a different period (Prop. Code §91.001(b), (e)).
Notice to end a month-to-month tenancy in neighboring states — Arkansas (30 days), Louisiana (10 days), New Mexico (30 days), Oklahoma (30 days).
The rest of what Texas requires
The figures below are Texas's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Texas page for that document.
- Security deposit cap · as of 2026
- No statutory limit Tex. Prop. Code §92.103 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out Tex. Prop. Code §92.103 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days Tex. Prop. Code §92.103 ↗
- Small claims limit · as of 2026
- $20,000 Tex. Gov't Code § 27.031; Tex. R. Civ. P. 500-507 ↗
- Where you file · as of 2026
- Justice Court (Justice of the Peace Court) · filing fee Set per county: $54 base filing fee under Tex. Loc. Gov't Code §118.121, plus service of citation (typically ~$75-$85 per defendant, set locally), so total upfront cost is commonly $130-$160. Confirm with the county's JP precinct clerk. Tex. Gov't Code § 27.031; Tex. R. Civ. P. 500-507 ↗
- Rental application fee · as of July 2026
- No statutory limit Texas Statutes ↗
- Bill of sale notarization · as of 2026
- Not required Texas DMV / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization required Tex. Est. Code §751.0021 (form §752.051) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Tex. Bus. Orgs. Code §§ 101.001(1), 101.052 ↗
- Recording a deed · as of 2026
- County Clerk (Tex. Prop. Code § 12.001(b)(2); recording in the county where the land lies) · no witnesses Tex. Prop. Code § 12.001; § 5.021 (conveyance must be in writing, subscribed and delivered); § 13.006 (quitclaim/BFP rule) ↗
Eviction notice in other states
More Texas legal forms
Different state? See eviction notices by state →