AI Texas Eviction Notice

Generate a complete, legally grounded Texas Eviction Notice (Notice to Vacate) - enter tenant name(s), grounds for eviction, amounts owed (rent only), property address and receive the correct notice type with the statutory 3-day minimum period under Texas Property Code § 24.005, properly worded demands, delivery instructions, and proof-of-service documentation ready for service and subsequent filing in Justice Court.

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Texas Property Code § 24.005 requires a landlord to give the tenant at least three (3) days' written notice to vacate before filing a forcible detainer (eviction) suit in court. The notice must be specific as to the grounds and, for nonpayment, the exact amount of rent owed. Late fees and other non-rent charges generally may not be included in a pay-or-vacate demand unless the lease expressly authorizes their inclusion as rent. Texas has no statewide just-cause eviction requirement.

This template supports the primary notice types used prior to filing in Justice of the Peace (JP) Court:

> Important: This notice is a prerequisite to filing an eviction suit. It does not itself evict the tenant. Only a court judgment and writ of possession can authorize removal. Self-help eviction (changing locks, shutting off utilities, removing property) is prohibited and exposes the landlord to significant liability.

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NOTICE TYPE A - 3-Day Notice to Pay Rent or Vacate *(Nonpayment of Rent - Tex. Prop. Code § 24.005)*

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3-DAY NOTICE TO PAY RENT OR VACATE
STATE OF TEXAS
COUNTY OF [[County Name]]

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Name(s)]]
AND ALL OTHER OCCUPANTS of the premises located at:
[[Rental Property Address]], [[City]], Texas [[ZIP Code]]
(hereinafter "the Premises")

FROM: [[Landlord or Authorized Agent Full Name]]
[[Landlord Mailing Address]], [[City]], Texas [[ZIP Code]]
Phone: [[Landlord Phone Number]]

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NOTICE OF NONPAYMENT AND DEMAND TO PAY OR VACATE

PLEASE TAKE NOTICE that you are in default under your lease or rental agreement for failure to pay rent when due. Pursuant to Texas Property Code § 24.005, you are hereby notified of the following:

Itemized Rent Due (Rent Only):

Total Rent Owed: $[[Total Rent Amount]]

> Texas Law Note: This notice demands rent only. Late fees, attorney fees, and other non-rent charges are not included unless your lease expressly permits them to be treated as rent for purposes of eviction. Acceptance of partial payment may affect rights - consult counsel if accepting less than the full amount demanded.

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DEMAND AND NOTICE OF TERMINATION

You are hereby NOTIFIED AND DEMANDED to do one of the following within THREE (3) DAYS after this notice is delivered:

1. PAY IN FULL the total rent due of $[[Total Rent Amount]] to [[Landlord or Authorized Agent Full Name]] at [[Payment Address or Method]]; OR

2. VACATE AND SURRENDER POSSESSION of the Premises located at [[Rental Property Address]], [[City]], Texas [[ZIP Code]].

The three-day period is calculated as provided by Texas law and begins on the day after proper delivery of this notice (or per the deemed-receipt rules for the delivery method used).

If you fail to pay or vacate within the three-day period, the Landlord will file a forcible detainer action in the Justice Court of [[County Name]] County, Precinct [[JP Precinct Number]], seeking possession of the Premises, unpaid rent, court costs, and such other relief as the court may award.

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NOTICE TYPE B - 3-Day Notice to Cure or Vacate *(Lease Violation - Remediable Breach)*

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3-DAY NOTICE TO CURE OR VACATE
STATE OF TEXAS

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Name(s)]]
AND ALL OTHER OCCUPANTS
[[Rental Property Address]], [[City]], Texas [[ZIP Code]]

FROM: [[Landlord or Authorized Agent Full Name]]
[[Landlord Mailing Address]], [[City]], Texas [[ZIP Code]]

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PLEASE TAKE NOTICE that you are in violation of your lease agreement as follows:

Description of Lease Violation:
[[Specific description of the violation, e.g., "Unauthorized pet in the Premises in violation of Paragraph 10 of the Lease dated [[Lease Date]]"]]

Lease Provision Violated: [[Quote or cite exact lease section]]

Pursuant to Texas Property Code § 24.005, you have three (3) days from delivery of this notice to:

1. CURE the violation by [[Specific cure action required, e.g., "permanently removing the unauthorized pet and providing written confirmation of compliance"]]; OR

2. VACATE AND SURRENDER the Premises.

If the violation is not cured or you do not vacate within three (3) days, Landlord will proceed with filing a forcible detainer suit in Justice Court.

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NOTICE TYPE C - 3-Day Unconditional Notice to Vacate *(Non-Curable Breach or Repeated Violation)*

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3-DAY UNCONDITIONAL NOTICE TO VACATE
STATE OF TEXAS

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Name(s)]]
AND ALL OTHER OCCUPANTS
[[Rental Property Address]], [[City]], Texas [[ZIP Code]]

FROM: [[Landlord or Authorized Agent Full Name]]

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PLEASE TAKE NOTICE that your tenancy is terminated effective immediately for the following non-curable breach (or repeated violation after prior notice):

Grounds for Termination:
[[Describe: e.g., "Engaging in criminal activity on the Premises in violation of lease and law", "Repeated failure to cure prior noticed violations within the last six months", "Holding over after lease termination"]]

You are required to VACATE AND SURRENDER POSSESSION of the Premises within THREE (3) DAYS of delivery of this notice.

If you fail to vacate, Landlord will file a forcible detainer action in the appropriate Justice Court to recover possession.

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Delivery Methods (Texas Property Code § 24.005)

Texas law permits the following methods for delivering a notice to vacate:

Method 1 - Personal Delivery
Deliver in person to the tenant or to any person 16 years of age or older residing at the Premises.

Method 2 - Certified Mail, Return Receipt Requested
Send by certified mail, return receipt requested, to the tenant at the Premises. Delivery is effective upon actual receipt or when properly deposited in the mail.

Method 3 - Posting on Inside of Main Entry Door
Securely affix a copy of the notice to the inside of the main entry door of the Premises. This method is permitted when personal delivery is not possible or in addition to other methods.

> Best Practice for Proof: Use certified mail with return receipt and personal delivery or posting when possible. Retain the green card, certified mail receipt, and photos of posting (with date/time stamp) as evidence. Courts require proof that the notice was properly given.

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Certificate / Proof of Service

*(Complete the applicable section(s). Retain originals for court filing.)*

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Certificate A - Personal Delivery

I, [[Server's Full Name]], state under penalty of perjury that on [[Date of Service]], at approximately [[Time of Service]], I personally served the foregoing [[Notice Type - e.g., 3-Day Notice to Pay or Vacate]] upon:

Tenant: [[Tenant Full Name(s)]]

at the premises located at [[Rental Property Address]], [[City]], Texas [[ZIP Code]],

by: ☐ Handing a copy directly to the tenant
☐ Leaving a copy with [[Name of Person Accepting Service]], a person 16 years of age or older residing at the Premises

The three-day period begins on [[Date of Service]] and expires on [[Deadline Date]].

___________________________________
Signature of Server

[[Server's Full Name]]
[[Server's Address]]
[[City]], Texas [[ZIP Code]]

Date: [[Date Certificate Signed]]

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Certificate B - Certified Mail

I, [[Server's Full Name]], state under penalty of perjury that on [[Date of Mailing]], I sent the foregoing [[Notice Type]] by certified mail, return receipt requested, to:

Tenant: [[Tenant Full Name(s)]]
Address: [[Rental Property Address]], [[City]], Texas [[ZIP Code]]

Tracking / Certified Mail No.: [[USPS Tracking or Certified Mail Number]]

The three-day period is calculated from the date of actual receipt or mailing as permitted by law. Deadline: [[Deadline Date]].

___________________________________
Signature of Server

[[Server's Full Name]]
Date: [[Date Certificate Signed]]

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Certificate C - Posting on Inside of Main Entry Door

I, [[Server's Full Name]], state under penalty of perjury that on [[Date of Posting]], after being unable to effect personal delivery, I securely posted a copy of the foregoing [[Notice Type]] on the inside of the main entry door of the Premises at [[Rental Property Address]], [[City]], Texas [[ZIP Code]]. A copy was also sent by certified mail on [[Date of Mailing]] (if applicable).

The three-day period begins on the date of posting / mailing per applicable rules. Deadline: [[Deadline Date]].

___________________________________
Signature of Server

[[Server's Full Name]]
Date: [[Date Certificate Signed]]

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Pre-Filing Checklist - Before Filing Forcible Detainer in Justice Court

Complete all items before filing an eviction suit in the Justice of the Peace Court:

• [ ] Correct notice type selected (pay-or-vacate, cure-or-vacate, unconditional quit, or holdover)
• [ ] Statutory 3-day (or 30-day for certain no-cause) period has fully elapsed with no cure or vacatur
• [ ] Notice served by a permitted method under Tex. Prop. Code § 24.005
• [ ] Proof of service completed and signed (Certificate A, B, or C)
• [ ] Certified mail receipt / return receipt and/or dated photo of posting retained
• [ ] Rent demand states rent only (unless lease expressly allows inclusion of other charges)
• [ ] For cure notices: specific lease violation described with factual basis and cure instructions
• [ ] Lease or rental agreement (or written terms) available for filing
• [ ] Security deposit documentation maintained (separate 30-day accounting per § 92.103 - 92.104)
• [ ] No self-help eviction actions taken (no lock changes, utility shutoffs, or property removal)
• [ ] Venue confirmed: correct Justice Court precinct for the property location
• [ ] SCRA / military status checked for active-duty protections if applicable
• [ ] Any required local disclosures or filings reviewed

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Texas Eviction Statutory Reference Table

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Retaliatory & Discriminatory Eviction Warning

Landlords may not evict, threaten eviction, or take other adverse action in retaliation for a tenant exercising legal rights (e.g., complaining about habitability, organizing, or requesting repairs). Retaliation claims are available under Texas law and may result in damages and attorney fees.

Eviction may not be based on race, color, national origin, religion, sex, familial status, disability, or other protected characteristics under the federal Fair Housing Act.

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Disclaimer and Sources

Template - not professional legal advice. This template provides general guidance on Texas eviction notice (notice to vacate) requirements as of June 2026 and is not a substitute for advice from a licensed Texas attorney. Property Code requirements, local court procedures, and deadlines can vary by county and precinct. Always verify current statutes and consult counsel before serving notices or filing suit. This notice alone does not remove a tenant; court action is required.