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Texas notice to pay rent or quit
As of October 27, 2026, a Texas landlord must give at least 3 days’ written notice to vacate before filing an eviction for unpaid rent, unless the written lease sets another period.1
A Texas eviction case is filed as a sworn petition in the justice court for the justice precinct where the rental is located.1
Texas at a glance
- Days to pay or move out
- 3 days1
A dash or a missing box means the official pages we read do not state that rule; we never fill it in from memory.
Preview of the document
Notice to Pay Rent or Quit
State of Texas
1. Notice to pay rent or quit
Date: Date. To: Tenant, and all other occupants. Property: Address, county County.
2. Rent past due
As of the date of this notice, you owe Amount in rent for period under your rental agreement for the property listed above. This amount is rent only.
3. Pay or move out
4. How to pay
5. Federal 30-day notice, when it applies
6. If the rent is not paid
7. Signatures
8. Proof of delivery
Sections 3–8 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.
Texas’ rules, with sources
- State form
- When rent is the only problem and the tenant had not been late before that month, the Texas notice has to be a notice to pay rent or vacate, which gives the tenant the choice to pay.1
- A Texas tenant who was already late in an earlier month can receive either a notice to pay rent or vacate or a plain notice to vacate.1
- Deadlines
- Texas Property Code Section 24.005 requires at least three days’ written notice to vacate before a landlord files an eviction suit against a tenant in default, unless a written lease sets a shorter or longer period.1
- Since January 1, 2026, Texas counts eviction deadlines without the day of delivery, counts weekends and holidays, and moves a deadline that lands on a weekend or holiday to the next business day.1
- Delivering the notice
- Texas accepts four ways to deliver the notice: mail or a delivery service, leaving it in a conspicuous place inside the home, handing it to a tenant aged 16 or older, or email when both sides agreed in writing.1
- The Texas delivery-method list stops mattering when the tenant actually receives the notice.1
- Where it is filed
- A Texas eviction case is filed as a sworn petition in the justice court for the justice precinct where the rental is located.1
- Law
- Under Texas Property Code Section 24.0043, only the Texas Legislature may modify or suspend the eviction procedures in Chapter 24, outside narrow disaster orders of the Texas Supreme Court.1
- When federal law requires a longer notice, a Texas landlord may still file after the state notice, but the writ of possession cannot be served until the federal period has run.1
Questions about a Texas pay-or-quit notice
How many days does a Texas landlord give before filing for unpaid rent?
Three days, in writing, unless the signed lease names a different notice period. The day the notice is delivered does not count; Saturdays, Sundays and holidays do, except that a third day landing on one of them rolls to the next business day.
A tenant who has not been late before that month gets a notice to pay rent or vacate, so paying in full within the period is an option. For a tenant with an earlier late payment, the landlord may instead use a notice to vacate.1
How can a Texas notice to vacate be delivered?
By mail of any class or by a delivery service, by leaving it in a conspicuous place inside the unit, by handing it to any tenant who is at least 16, or by email or another electronic method if the lease or another signed agreement allows it.
The list reflects Senate Bill 38, in effect since January 1, 2026, which repealed the earlier delivery subsections. If the tenant actually gets the notice, the method used no longer matters.1
Can a Texas city add its own rules to an eviction notice?
Chapter 24 says only the Legislature may modify or suspend its eviction procedures, and courts may not require more in a petition than the Texas Rules of Civil Procedure ask for. The notice rules are the same across Texas.
Federal rules can still apply to a particular property. When they require a longer notice, the case may be filed after the Texas notice, but the writ that removes the tenant waits for the federal period.1
What to have at hand
- Property address, unit and county
- The exact rent past due and the rental periods it covers
- Who takes the rent, where, and the hours for paying in person
- Whether the property has a federally backed mortgage or a federal housing program
It does not evict anyone. Only a court can order a tenant out; this notice is the step that usually comes before filing.
Frequently asked questions
Where is a Texas eviction case filed after the notice runs out?
In the justice court of the precinct where the property sits, with a sworn petition. The case cannot be filed in another precinct.1
Where this information comes from
Texas’ rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- Texas Property Code Chapter 24, Forcible Entry and Detainer Open the official page (opens in a new tab) ↩
Something changed? Tell us what is out of date and we will check the official page again.