Texas Notice to Vacate

A legally compliant Notice to Vacate under Texas law for both landlord-initiated and tenant-initiated terminations. Use the correct notice type and period: 3-day notice to vacate before filing forcible detainer under Texas Property Code § 24.005 (nonpayment or lease violation), or notice equal to the rental period (typically 30 days) under Texas Property Code § 91.001 for no-cause termination of a month-to-month tenancy. Texas has no statewide just-cause eviction requirement and no AB 1482 equivalent.

All user-supplied values use `[[Token Name]]` format. This template supports landlord-to-tenant notices (pay-or-vacate, cure-or-vacate, unconditional, or no-cause) and tenant-to-landlord notices (moving out)., -

Notice Type Selection Guide

Select the applicable notice type before completing the form. Using the wrong notice type or period may delay or invalidate an eviction filing.

> Important, computing deadlines: Texas uses calendar days unless otherwise specified. The notice period generally begins the day after delivery (or per certified mail rules). Do not count the day of service. For 3-day notices related to eviction, confirmed delivery methods are critical before filing in Justice Court., -

NOTICE TO VACATE ### (Texas Property Code §§ 24.005, 91.001)

Date of Notice: [[Date of Notice]]

FROM (Sending Party, Landlord or Tenant):
[[Sender Full Name]]
[[Sender Mailing Address]]
[[Sender City]], Texas [[Sender ZIP Code]]
Phone: [[Sender Phone Number]]
Email: [[Sender Email Address]]

TO (Receiving Party):
[[Recipient Full Name(s)]]
AND ALL OCCUPANTS of the premises located at:
[[Rental Property Street Address]], [[City]], Texas [[ZIP Code]] (the "Premises")

RE: Tenancy at the Premises, [[Describe Tenancy Type: month-to-month / week-to-week / fixed term ending [[Lease End Date]]]]

Tenancy Commencement Date (approximate): [[Tenancy Start Date]], -

*(Select and complete ONLY the section that applies to your situation. Strike or delete the others.)*, -

SECTION A, Landlord 3-Day Notice to Pay Rent or Vacate (Nonpayment)

3-DAY NOTICE TO PAY RENT OR VACATE

You are in default for nonpayment of rent. The total rent owed is $[[Total Rent Amount]] for the period(s) [[Delinquent Periods]].

You must either:
1. Pay the full amount of $[[Total Rent Amount]] within three (3) days after delivery of this notice; OR
2. Vacate the Premises by [[Vacate Deadline Date]].

If you fail to pay or vacate, the landlord will file a forcible detainer suit in the Justice Court.

Landlord / Agent: [[Sender Full Name]], -

SECTION B, Landlord 3-Day Notice to Cure or Vacate (Lease Violation)

3-DAY NOTICE TO CURE OR VACATE

You are in violation of the lease as follows:
Violation: [[Specific description of breach, e.g. "Keeping an unauthorized pet" or "Repeated noise complaints after prior warning"]]
Lease Section: [[Lease paragraph or clause]]

You have three (3) days from delivery of this notice to cure the violation by [[Specific cure action, e.g. "removing the pet and providing written confirmation"]] or to vacate the Premises by [[Vacate Deadline Date]].

If the violation is not cured and you remain in possession, landlord will proceed to file eviction in Justice Court., -

SECTION C, Landlord 3-Day Unconditional Notice to Vacate (Non-Curable or Holdover)

3-DAY UNCONDITIONAL NOTICE TO VACATE

Your tenancy is terminated for the following reason:
Grounds: [[e.g., "Material breach of lease by engaging in criminal activity on premises", "Holding over after expiration of lease term on [[Lease End Date]]", "Repeated violations after prior written notice"]]

You are required to vacate and surrender possession of the Premises no later than [[Vacate Deadline Date, 3 days after delivery]].

If you fail to vacate, landlord will file a forcible detainer action in the Justice Court of the appropriate precinct., -

SECTION D, 30-Day (or Rental Period) No-Cause Notice to Vacate, Landlord Initiated (Month-to-Month)

30-DAY NOTICE TO VACATE (NO CAUSE)

Pursuant to Texas Property Code § 91.001, landlord hereby gives notice that the month-to-month tenancy will terminate effective [[Termination Effective Date, at least 30 days from delivery]].

You must vacate the Premises on or before the termination date stated above.

Texas has no statewide just-cause requirement for termination of periodic tenancies. This notice is not based on any breach by tenant., -

SECTION E, Tenant-Initiated Notice to Vacate (Moving Out)

30-DAY TENANT NOTICE TO VACATE

I/We, [[Tenant Full Name(s)]], hereby give notice that we will vacate and surrender the Premises located at [[Rental Property Address]], [[City]], Texas [[ZIP Code]] effective [[Vacate Date, at least rental period from delivery]].

Forwarding Address for Security Deposit Return (TCA-equivalent / Tex. Prop. Code § 92.103): [[Forwarding Address]]

Reason (optional): [[Moving for work / Lease expiration / Personal reasons / Other]]

Tenant(s) will return all keys and provide access on the vacate date. Please provide a move-out inspection appointment and final accounting of the security deposit within the time required by Texas law.

Tenant Signature(s): [[Tenant Full Name]] Date: [[Date]], -

Delivery Methods for Texas Notice to Vacate

Texas Property Code § 24.005 and § 91.001 recognize the following delivery methods (use the one appropriate to the notice type and document proof):

1. Personal delivery to the recipient or any person 16 years of age or older at the Premises.
2. Posted on the inside of the main entry door (common for 3-day eviction notices when personal service not effected).
3. Certified mail, return receipt requested, addressed to the recipient at the Premises.

Method Used: [[Personal / Posting inside main door / Certified Mail #[[Tracking Number]]]]

Date of Delivery / Posting / Mailing: [[Delivery Date]]

> Proof of Service: Retain the return receipt, signed acknowledgment, or clear dated photograph of the posted notice showing the interior door and date/time. Proper proof is essential before filing any forcible detainer suit., -

Certificate of Service / Delivery (Landlord Use)

I certify that on [[Date of Delivery]] I delivered the above Notice to Vacate to [[Recipient Full Name(s)]] at the Premises by the method indicated:

☐ Personal delivery to tenant or person 16+ at Premises
☐ Posted on inside of main entry door
☐ Certified mail, return receipt requested (Tracking: [[Tracking]])

___________________________________
Signature of Server / Landlord Agent

[[Server Full Name and Title]]
Date: [[Certificate Date]], -

Pre-Filing / Move-Out Checklist

• [ ] Correct notice type and period selected and stated
• [ ] Full statutory or lease period elapsed (3 days or 30+ days)
• [ ] Notice states party names, property address, reason/grounds, and exact vacate-by date
• [ ] Delivery method permitted by statute and documented with proof retained
• [ ] For 3-day notices: rent amount is rent only (unless lease permits otherwise)
• [ ] For tenant notice: forwarding address provided for deposit return
• [ ] No self-help actions taken (locks, utilities, property removal)
• [ ] Justice Court precinct confirmed for filing (if landlord eviction)
• [ ] Security deposit accounting prepared separately per Texas Property Code (30 days after surrender + forwarding address)
• [ ] Keys, access devices, and possession returned or scheduled, -

Texas Notice to Vacate Statutory Reference Table

Disclaimer and Sources

Template, not professional legal advice. This template provides general guidance on Texas Notice to Vacate requirements as of June 2026 and is not a substitute for advice from a licensed Texas attorney. Deadlines, service rules, and court filing procedures can vary by county and Justice Court precinct. Always verify current law and obtain proper proof of service before relying on any notice to terminate a tenancy or file suit.

Sources (as of June 2026):
- Texas Property Code § 24.005 (Notice to vacate; prerequisites to forcible detainer)
- Texas Property Code § 91.001 (Notice for termination or modification of periodic tenancy)
- Texas Property Code Chapter 92 (Residential tenancies, security deposits, remedies)
- Texas Justice Court eviction forms and local rules
- Fair Housing Act and Texas fair housing provisions

> ⚠️ Template example, not professional (legal/financial/medical) advice. Figures and clauses must be verified for the applicable jurisdiction and kept current. All user values use `[[Token Name]]` placeholders.