Eviction Notice Information for Texas Landlords

What Texas statutes generally provide

The primary authority commonly cited for residential eviction notices in Texas is Tex. Prop. Code § 24.005. Published guides and treatises on Texas landlord-tenant practice frequently highlight the following features — each is presented here as background information, not as a determination that any of these rules apply to your particular tenancy:

• Texas distinguishes the Notice to Vacate from a "pay or quit" — if your lease contains no shortening clause, the default is three days before filing.
• A lease that expressly shortens or lengthens the notice period is enforceable under § 24.005(a), provided the clause is written into the lease.
• Delivery methods were rewritten effective January 1, 2026. Senate Bill 38 repealed the former delivery subsections and replaced them with § 24.005(f-3), which lists four methods: mail (first class, registered, certified, or a delivery service such as UPS or FedEx); delivery to the inside of the premises in a conspicuous place; hand delivery to any tenant of the premises who is 16 years of age or older; or electronic communication, if the parties have agreed to it in writing.
• Two details in that list are easy to misread. The hand-delivery option names a tenant of the premises — not any adult who happens to be at the property. And the second option requires the notice to reach the inside of the premises; the former procedure of affixing a sealed "IMPORTANT DOCUMENT" envelope to the outside of the main entry door, under repealed subsections (f-1) and (f-2), is no longer in the statute.
• Counting rules changed as well. Former subsection (g), which stated that the notice period runs from the day of delivery, was repealed on the same date. The three-day minimum in subsection (a) still applies unless the lease sets a different period, but the statute no longer supplies a counting rule — count conservatively and confirm current practice with a Texas attorney or your local justice court.

The bulleted descriptions above paraphrase publicly available statute and case law summaries. The actual language and effect of each statute is governed by the official text and any subsequent amendments or judicial interpretations. Read the current statute directly before relying on any point above.

Read our full breakdown of the 2026 Texas delivery rules →

Patterns frequently discussed in Texas landlord-tenant guides

Commentary and continuing-legal-education materials for Texas practitioners often flag the following as recurring issues. They are reproduced here as educational background only:

• Filing the eviction suit before the 3-day clock has fully run out.
• Including personal property claims (back rent, damages) in the notice when the statute only requires the demand to vacate.
• Serving by hand without documentation, then being unable to prove delivery in court.
• Following a pre-2026 checklist and taping a notice to the outside of the door — a method the current statute no longer lists.

General background: after a notice is mailed

In most jurisdictions, once the applicable notice period has elapsed, the landlord may file for possession in the appropriate court. A USPS Certified Mail receipt — which you receive by email from us — is a form of delivery documentation commonly referenced in landlord-tenant filings. Whether any specific court, judge, or filing will accept it is a matter for the landlord and the landlord's attorney to evaluate.

EvictServe is not a law firm, does not practice law, and does not give legal advice. We provide a self-service document-and-mail tool. For contested cases, unusual facts, or any situation where you are unsure which type of notice applies, retain a Texas-licensed landlord-tenant attorney before acting.

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