Eviction notices in Texas

Before filing an eviction suit the landlord must give at least 3 days' written notice. If the tenant is being evicted only for unpaid rent and was not late in any earlier month, the notice must be a notice to pay rent or vacate; if the tenant was late before, the landlord may use either a notice to pay rent or vacate or a notice to vacate. A written lease can set a shorter or longer notice period (Tex. Prop. Code § 24.005(a)). These rules apply to suits filed on or after Jan. 1, 2026 (SB 38, § 17).

Can the tenant pay to stop it? A tenant who was not late on rent before the month the notice is given gets a notice to pay rent or vacate and can stop the case by paying within the notice period. If the tenant was late before, the landlord may instead give a plain notice to vacate with no chance to pay.

Type:

Pay or move out

Notice period:

3 days

Law:

Tex. Prop. Code § 24.005(a)

For a default other than rent, the landlord must give at least 3 days' written notice to vacate before filing, unless a written lease sets a shorter or longer period (Tex. Prop. Code § 24.005(a)). The statute does not give the tenant a right to cure.

Chance to fix it: State law gives no right to fix a lease violation; the lease may give one.

Type:

Notice to vacate, no right to fix

Notice period:

3 days

Law:

Tex. Prop. Code § 24.005(a)

Under § 24.0042 (added by SB 38, eff. Jan. 1, 2026), a period in ch. 24 does not count the day of the event that starts it, counts Saturdays, Sundays and holidays, includes the last day, and if the last day is a Saturday, Sunday or state or federal holiday it runs to the next day that is not. The statute adds no extra days for a mailed notice.

The notice must be delivered by at least one of: mail (first class, registered, certified or a delivery service); delivery to the inside of the premises in a conspicuous place; hand delivery to any tenant 16 or older; or e-mail/electronic means if the parties agreed in writing. These method rules do not matter if the tenant actually receives the notice (Tex. Prop. Code § 24.005(f-3), (f-4)).

The landlord files a sworn petition for eviction in the justice court of the precinct where the property is (§§ 24.004, 24.0041, 24.00505). Trial is set 10 to 21 days after filing and not earlier than the 4th day after the tenant is served (§ 24.0051(g)). If the landlord files a motion for summary disposition, the tenant must file a response within 4 days after service or the court may rule without a trial (§ 24.005106). A writ of possession cannot issue before the 6th day after judgment; the officer posts a 24-hour warning before executing it (§ 24.0061(b), (d)). Either side may appeal within 5 days after judgment (§ 24.005107). A landlord may not keep a tenant out except by judicial process, other than the limited lock change allowed for delinquent rent, where a new key must be available 24 hours a day (§ 92.0081).

• SB 38 (2025) made only the legislature able to change ch. 24 eviction procedures; cities and counties cannot add pre-filing notice rules (Tex. Prop. Code § 24.0043; § 24.00506).
• If federal law requires a longer notice (e.g. CARES Act covered properties), the landlord may still file after the state notice, but the writ cannot be served until the federal period has run (§ 24.005(c-1)).
• Suits filed before Jan. 1, 2026 follow the old law (SB 38, § 17).

• Texas notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
• Texas security deposit law: deadlines after move-out
• Federal 30-day notice for covered properties (CARES Act)

• Tex. Prop. Code ch. 24 (§§ 24.004–24.0061) Retrieved October 13, 2026.
• Tex. Prop. Code ch. 92 (§ 92.0081) Retrieved October 13, 2026.
• SB 38, 89th Leg., R.S. (2025), enrolled Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.