Download Texas Eviction Notice Templates [PDF]

A Texas eviction notice is a legal document that a landlord or property owner issues to a tenant, requiring them to leave the premises within a certain time frame.

Eviction notices are used to start legal proceedings against tenants who breach their lease terms or fail to pay rent. The purpose of this document is to notify the tenant that they must either comply with the conditions of their lease or face eviction.

Failure to respond or comply with the eviction notice may result in further legal action, including a court hearing and potential removal by law enforcement.

Types of Eviction Notices in Texas

In Texas, there are different types of eviction notices that a landlord can serve on a tenant, depending on the reason for the eviction and the terms of the lease agreement.

Notice to Pay Rent or Quit

Landlords are required to give tenants at least three days' written notice to vacate the premises if the tenant is behind on rent payments before starting a forcible detainer proceeding. (sec. 24.005)

Non-Compliance

A landlord may serve a noncompliance eviction notice to a tenant who fails to comply with the terms of their lease agreement. In that case, the landlord must provide the tenant with at least three days written notice to vacate the premises before filing a forcible detainer suit. (sec. 24.005)

Month-to-Month

A month-to-month tenancy may be terminated by either the landlord or the tenant giving notice of termination to the other party. The landlord must give the tenant notice of termination at least 30 days before the date of termination or as agreed in a written lease agreement. (sec. 91.001)

Eviction Laws and Requirements in Texas

When is Rent Late in Texas?

Rent is considered late if it is not paid on the date specified in the lease agreement. Texas law allows a grace period of two days after the rent due date before a landlord can charge a late fee.

Grounds for Eviction in Texas

Common grounds for eviction in Texas include:

Eviction Process in Texas

In Texas, landlords must adhere to the eviction process to evict a tenant from their rental property. Here are the five steps involved in the eviction process in Texas:

#1. Write a Notice

The landlord must provide the tenant with a written notice to vacate, giving them at least three days to move out before filing an eviction suit.

#2. File the Eviction Suit

The landlord must file an eviction suit in court, and the eviction hearing cannot take place for at least ten days after the petition is filed.

#3. Wait for the Court’s Judgment

Once a judgment has been issued, no further action can take place for five days. This time, the parties have the opportunity to appeal.

#4. Appeal

If the tenant disagrees with the judgment, they can file an appeal within five days of the judgment. If the appeal is granted, the eviction process may be delayed or halted.

#5. Writ of Possession

Once there is a final judgment, the landlord can ask the judge for a writ of possession. This allows the constable to remove the tenant and their property from the rental.

Other Eviction-Related Forms in Texas

In addition to the eviction notice, there are other forms utilized within the eviction process by the parties, such as:

Eviction Information for Landlords in Texas

Before filing an eviction suit, the landlord must provide the tenant with written notice of their intention to seek eviction. If the tenant remains on the property after receiving the notice, the landlord can file an eviction suit with the appropriate court. 

At the hearing, both the landlord and tenant will be required to present evidence and arguments. The judge will then make a determination based on the evidence presented. If the judge rules in favor of the landlord, they can obtain a writ of possession from the court, which allows them to legally remove the tenant and their belongings from the property.

Eviction Information for Tenants in Texas

After receiving an eviction notice, the tenant typically has at least three days to vacate the property before the landlord can file an eviction suit in court.

If the tenant is served with an eviction suit, it is important to attend the hearing and present any evidence or documentation that may help their case. If the judge rules in favor of the landlord, they may obtain a writ of possession and request that the constable remove you and your belongings from the property.

However, there are some defenses that tenants can raise in court, such as improper notice or retaliation by the landlord.

How to Write an Eviction Notice in Texas

Texas Eviction Notice FAQ