The 3-day notice to vacate (§ 24.005)
Texas Property Code § 24.005 requires at least three days' written notice to vacate before you file, unless the lease specifies a shorter or longer period — and many Texas leases do. The same notice to vacate covers both nonpayment and holdover after the term ends. Check your lease first: if it sets a different notice period, that controls. (A separate 30-day rule applies when a buyer at a foreclosure sale declines to continue an existing tenancy.)
No statewide cure requirement or just cause
Texas has no statewide just-cause requirement and no rent control, and state law doesn't require you to offer a chance to cure unless your lease or another law does. That makes the lease itself the key document — its notice period and any cure terms govern. If the lease requires an opportunity to respond or cure, you can't send the notice to vacate until that period has run.
Service and filing
Under § 24.005(f), the notice to vacate may be delivered in person, by mail, or by affixing it to the inside of the main entry door (with additional methods allowed in limited circumstances). After the notice period expires, you file in the Justice Court for the precinct where the property sits. Note that Senate Bill 38, effective January 1, 2026, changed several eviction court procedures and timelines — but the three-day notice-to-vacate default remains.
Create a Texas eviction notice in 60 seconds
Your details filled in, the right notice period stated, delivery and confirmation handled.
Create My Letter — $9Common questions
Is the Texas eviction notice really only 3 days?
Three days is the statutory default under § 24.005, but the lease can set a shorter or longer period — so read the lease before assuming three days applies.
Do I have to give a Texas tenant a chance to fix the problem?
Not under state law by default. Texas doesn't require a cure opportunity unless your lease (or another applicable law) does. The notice to vacate is the required step before filing.
Where do I file an eviction in Texas?
In the Justice Court for the precinct where the rental property is located, after the notice-to-vacate period has expired.
More notice types: Pay or Quit · Cure or Quit · Unconditional Quit · eviction notices overview. By state: California · Florida · New York · Illinois · Pennsylvania · Ohio · Georgia · North Carolina · Michigan · New Jersey · Virginia · Washington · Arizona · Massachusetts · Tennessee · Indiana · Missouri · Maryland · Wisconsin · Minnesota · South Carolina · Alabama · Louisiana · Kentucky · Oregon · Oklahoma · Connecticut · Utah · Nevada · Iowa · Arkansas · Mississippi · Kansas · New Mexico · Nebraska · Idaho · West Virginia · Colorado · Hawaii · New Hampshire · Maine · Montana · Rhode Island · Delaware · South Dakota · North Dakota · Alaska · Vermont · Wyoming · Washington, D.C..
WriteMyNotice.com is a self-help document preparation service, not a law firm, and this page is general information, not legal advice. Eviction rules are strict and vary by state, county, and city — many cities add rent-control or just-cause requirements on top of state law, and an improper or mistimed notice can get an eviction case delayed or dismissed. Verify the current requirements for your property's location and, for contested or high-stakes evictions, consult a landlord-tenant attorney. Statute references verified June 2026.