Texas Eviction Notice Requirements
Texas requires at least 3 days' written notice to vacate before a landlord files an eviction suit, unless the written lease sets a shorter or longer period. The same rule applies to unpaid rent and lease violations, and Texas law does not require a separate cure period for most violations. If the eviction is based only on unpaid rent and the tenant was not late before the month the notice is given, the notice must be a notice to pay rent or vacate. A month-to-month tenancy ends with at least one month's notice.
Texas amended its eviction statutes through Senate Bill 38, effective January 1, 2026. Under the current Property Code § 24.005, a notice must be delivered by mail, by delivery to the inside of the home in a conspicuous place, by hand delivery to any tenant who is 16 or older, or by email or other electronic means if the parties agreed in writing. If federal law requires a longer notice, the suit can still be filed, but the writ of possession cannot be served until the federal period has run.
If the tenant does not leave, the landlord files a sworn petition in the justice court for the precinct where the property is located. If the landlord wins, the court can issue a writ of possession, generally no earlier than the sixth day after judgment, and a sheriff or constable serves it. Texas strictly limits lockouts under Property Code § 92.0081 and prohibits utility shutoffs to force a tenant out under § 92.008.
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Texas: common questions
How much notice does a Texas landlord give before filing an eviction?
At least 3 days' written notice to vacate, unless the written lease provides a different period. The landlord files in justice court after the notice period ends. If federal law requires longer notice, the writ cannot be served until that period has passed.
Does a Texas tenant get a chance to pay before eviction?
Sometimes. If the eviction is based only on unpaid rent and the tenant was not late before the month the notice is given, the notice must be a notice to pay rent or vacate. For tenants who were late before, the landlord can use either form.
How do I end a month-to-month tenancy in Texas?
Give at least one month's notice, under Property Code § 91.001. Unless the parties agreed otherwise in a signed writing, the tenancy ends on the later of the date stated in the notice or one month after the notice is given.
Can a Texas landlord change the locks for unpaid rent?
Only as Property Code § 92.0081 allows, with a written notice on the front door and a new key available at any hour whether or not rent is paid. Otherwise, a landlord may not keep a tenant out except by judicial process or cut utilities to force a move-out.
Compare nearby states
| State | Unpaid rent | Lease violation | Month-to-month |
|---|---|---|---|
| Texas | 3 days | 3 days | See statute |
| Arkansas | 3 days | 14 days | 30 days |
| Louisiana | See statute | See statute | 10 days |
| New Mexico | 3 days | 7 days | 30 days |
| Oklahoma | 5 days | 10 days | 30 days |
| Alabama | See statute | See statute | 30 days |
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