Eviction notice rules in Texas
Nonpayment notice
3-day notice to vacate (Tex. Prop. Code § 24.005(a)). Since SB 38 (eff. Jan 1, 2026), if the tenant was not late before that month the notice must be a 'notice to pay rent or vacate' giving a chance to cure by paying; if the tenant was already delinquent, either a pay-or-vacate or plain notice to vacate may be used. The lease can contract for a shorter or longer period.
Lease-violation notice
Same 3-day notice to vacate (Tex. Prop. Code § 24.005(a)). Texas has no pay-or-quit / cure-or-quit tier system; non-rent lease violations get the same notice with no statutory cure period — cure rights come only from the lease itself.
Unconditional quit (no second chance)
No statutory unconditional-quit category; all grounds use the same 3-day notice to vacate (or lease-agreed period).
No-cause / end-of-tenancy notice
Month-to-month: one full month's notice, i.e. tenancy ends on the later of the date stated in the notice or one month after notice is given (Tex. Prop. Code § 91.001). Tenant at will or by sufferance: 3 days (§ 24.005(b)). Foreclosure purchaser: 30 days for a tenant in good standing (§ 24.005(b)).
How the notice must be served
Personal delivery to the tenant or to a resident 16 or older; affixing to the INSIDE of the main entry door; mail (regular, registered, or certified); or electronic delivery if the parties agreed in writing. The old outside-door post-and-mail method was REPEALED by SB 38 (eff. Jan 1, 2026) — relying on it makes a defective notice that a court can reject.
Your right to fix it (cure)
Nonpayment: pay in full within the 3-day period to stay (first-time-late-month form is a pay-or-vacate notice). Repeat-late tenants have no guaranteed cure. Non-rent lease violations: no statutory cure right; cure only if the lease provides one.
How days are counted
Includes weekends and holidays; excludes the day the notice is given; if the last day falls on a weekend or legal holiday, the deadline extends to the next non-weekend, non-holiday day (Tex. Prop. Code §§ 24.005(a), 24.0042).
After the notice expires
Landlord must file a forcible detainer suit in justice court; the tenant does NOT have to leave until the court orders eviction and a writ of possession is executed. Self-help lockouts/utility shutoffs are illegal.
Court timeline
Hearing typically set 10-21 days after the petition is filed (Tex. Rules of Civ. P. 510.4); tenant may appeal to county court; writ of possession issues after final judgment. Total timeline is typically 3-6 weeks if uncontested.
Retaliation & defenses
Retaliation barred: landlord may not evict in retaliation for protected tenant activity (Tex. Prop. Code § 92.331); Fair Housing Act bars discrimination-based evictions.
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