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
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