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Texas Eviction Notice

A Texas eviction notice, called a notice to vacate, requires at least 3 days' written notice before an eviction suit can be filed, for any default or holdover (Tex. Prop. Code § 24.005(a)). A written lease can set a shorter or longer period. Texas grants no statutory right to cure. Ending a month-to-month tenancy takes one month's written notice (§ 91.001(b)). This free template builds the notice with the deadline computed from your service date.

A Texas eviction notice — the notice to vacate — for landlords: at least 3 days' written notice for any default or holdover before an eviction suit can be filed, and one month's written notice to end a month-to-month tenancy, each with the exact statutory deadline calculated from your service date.

Deadlines verified September 19, 2026 against statutes.capitol.texas.gov (text via texas.public.law, official site requiring JavaScript). New York is also covered from the home page.

Read this before serving: this template is not legal advice and does not replace an attorney. Deadlines and service rules vary, and cities can add their own rules (rent control, just-cause ordinances). A notice served with the wrong period or the wrong form can get the case dismissed and cost months. Have a local attorney review your notice before serving it.

1Build your Texas notice

State of the rental property

Reason for the notice

Date you will serve the notice

2The Texas deadlines, notice by notice

Every deadline below was read in the Texas Property Code on September 19, 2026. The notice type available in the tool depends on the reason:

Notice to Vacate (3 days) — Tex. Prop. Code § 24.005(a).
Notice to Vacate — lease violation (3 days) — Tex. Prop. Code § 24.005(a).
Notice of Termination — month-to-month tenancy (1 month) — Tex. Prop. Code § 91.001(b).

3How the Texas notice period is counted

The 3 days run from delivery of the written notice as calendar days, and the statute sets a floor of at least 3 days — a written lease can shorten or lengthen the period (Tex. Prop. Code § 24.005(a)).
For a month-to-month tenancy, termination takes effect on the later of the day stated in the notice or one month after the notice is given (§ 91.001(b)).
All periods run from delivery, not from the date written on the notice — keep dated proof of service.

4Mistakes that get a Texas eviction notice thrown out

Assuming the tenant gets time to pay. Texas grants no statutory cure period: the § 24.005 notice is a notice to vacate, not a pay-or-quit demand. Only a lease term can add a cure right.
Ignoring the lease's period. The statute's 3 days is a default; a written lease can lawfully set a shorter or longer notice period, and that term controls.
Filing before the notice period runs. An eviction suit filed before the notice to vacate has fully run is subject to dismissal, sending the landlord back to day one.
Serving the notice the wrong way. Delivery must follow Texas rules and the period runs from delivery — a notice the tenant never received fails even if every word is correct.

Questions landlords ask about Texas

How many days' notice does Texas require before an eviction?

At least 3 days' written notice to vacate before an eviction suit can be filed, for any default or holdover (Tex. Prop. Code § 24.005(a)). A written lease can set a shorter or longer period — read the lease first, because its term controls when it differs from the statutory default.

Does a Texas eviction notice give the tenant time to pay?

No. Texas statute grants no right to cure: the § 24.005 notice is a notice to vacate, not a pay-or-quit demand. If the written lease itself adds a cure period, that contractual period applies — the statute does not create one.

How does a Texas landlord end a month-to-month tenancy?

With written notice that the tenancy ends on the later of the day stated in the notice or one month after the notice is given (Tex. Prop. Code § 91.001(b)). After the tenancy terminates, a holding-over tenant is treated under § 24.005.

What happens if the Texas notice period is wrong?

The eviction case can be dismissed and the landlord starts over with a fresh notice, adding weeks of unpaid rent. Courts require strict compliance with § 24.005: the notice must be written, state the period correctly, and be delivered before any suit is filed.

Can a Texas tenant stay after the notice to vacate expires?

Yes — the notice is not an eviction. The landlord must then file a forcible detainer suit, obtain a judgment, and wait for the constable or sheriff to execute a writ of possession. Locking out a tenant without a court judgment is unlawful.

Is this Texas eviction notice template really free?

Yes — no account, no credit card, no trial. The document is built in your browser and nothing you type is stored or sent. The optional email field only notifies you when another state is verified; it never receives the contents of your notice.

Neighboring states

Louisiana is a neighboring state with a verified notice (below). New Mexico, Oklahoma and Arkansas are in the state selector, but their requirements are not yet verified against an official source, so no notice is offered for them — an out-of-state notice fails in court. Verified notices for other states:

Every deadline for these states was read in the official statute text on September 19, 2026. For all other states, the state-by-state requirements table shows what is verified — and what is not.

This tool is not a law firm and does not provide legal advice. Texas deadlines verified September 19, 2026 against statutes.capitol.texas.gov (text via texas.public.law, official site requiring JavaScript). Not a substitute for a licensed Texas attorney.