3 Day Notice to Pay Rent or Vacate Texas

A Three(3) Day Notice to Pay Rent or Vacate must be served to tenants before an eviction suit can be filed in Texas (Article 24.005, Texas Property Code.) Here is more information on how the process works and the timeline:  Texas Eviction Process

THREE DAY NOTICE TO PAY RENT OR VACATE

Step 1 of 2

  • MM slash DD slash YYYY
  • Address notice to ALL adult occupants including those who may have moved out.
  • Insert address of leased property
  • Insert amount owed by the tenant. Do not include late fees or any other additional fees.
  • Enter the name of the county where the property is located.
  • MM slash DD slash YYYY
    Count three days from the delivery of the notice. Don't include Saturday, Sunday, Legal Holidays, and the day of delivery of the notice. If you are mailing the notice add five additional days to the three-day notice.
  • YOUR FAILURE TO COMPLY WITH THIS NOTICE MAY RESULT IN EVICTION PROCEEDINGS BEING INSTITUTED AGAINST YOU PURSUANT TO ARTICLE 24.005, TEXAS PROPERTY CODE.

  • Certificate of Service

A Quick Overview of How to Fill Out and Serve the Notice

How to Calculate the 3 Days Expiration Date

The tenant must have three full days to pay rent or vacate. The 3 days should not include the day of delivery, Saturday, Sunday and Legal Holidays. If you are mailing the notice add five days to the expiration date.

For example: If you are mailing on Monday, the expiration date should be Thursday.

How to Serve the Notice

  • Personal delivery to the tenant or to a person residing at the premises who is 16 years of age or older
  • Post the notice to the inside of the main entry door Take a photo, tag it with a location.
  • Mail the notice (add 5 Additional Days to the expiration)

Sec. 24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT. (a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days’ written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001. TEXAS PROPERTY CODE CHAPTER 24.005