Free Texas 3-Day Notice to Pay Rent or Quit

The required pre-eviction notice for non-payment of rent in Texas

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A Texas 3-day Notice to Pay Rent or Quit is the required written legal demand that must be served on a tenant before a landlord can file for eviction based on non-payment of rent. It gives the tenant 3 days to pay the full amount owed or vacate the premises voluntarily. If the tenant does neither, the landlord may proceed with filing an eviction lawsuit.

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Texas Law: Texas Property Code § 24.005 requires landlords to provide at least 3 days’ written notice to vacate before filing for eviction for non-payment of rent, unless the lease provides for a longer or shorter period. The notice must be in writing and can be delivered in person, by mail, or posted on the inside of the main entry door.

✎ Complete Your Texas Notice

Verify the required notice period for Texas before serving

How to Serve This Notice in Texas

  • Personal delivery — hand the notice directly to the tenant; document with a dated note
  • Substituted service — leave with a person of suitable age at the premises, then mail a copy
  • Certified mail — provides documented proof of delivery; may add days to the notice period
  • Post and mail — post on main entry door and mail a copy by first-class mail

Keep a signed declaration of service noting the date, time, method, and person who served the notice. This documentation is essential if the case proceeds to eviction court.

Critical Rules for a Valid Texas Notice

  • State the exact amount owed — vague amounts invalidate the notice
  • Name all adult tenants on the lease
  • Do not accept partial payment after serving — may waive the notice in Texas
  • Include only legally allowed amounts — check whether late fees may be included
  • Count notice days correctly — some states exclude weekends and legal holidays
❓ What if the tenant pays after receiving the 3-day notice?
If the tenant pays the full amount owed before the 3-day period expires, the tenancy continues and you cannot proceed with eviction for that non-payment. Do not accept partial payment — it may waive the notice. If payment is received, retain the notice and your service records in case of future non-payment.
❓ What happens after the 3 days expire without payment?
If the tenant has neither paid in full nor vacated, you may file an eviction lawsuit (unlawful detainer or forcible entry and detainer) in your local court. Bring the notice, proof of service, the signed lease, and documentation of unpaid rent. See our complete eviction guide.
❓ Can I include late fees in the notice?
Whether late fees can be included in the notice amount depends on Texas law and the terms of your lease. Some states permit including late fees specified in the lease; others require the notice amount to be rent only. Review the legal note above and verify with current Texas statutes before including any fees.
Texas Eviction Notice LawsHow to Evict a TenantTenant Not Paying RentLate Rent ReminderEviction Notice Laws by State

⚠ Legal Disclaimer

This form is provided for general informational purposes only and does not constitute legal advice. Landlord-tenant laws vary significantly by state and locality. Notice periods and requirements shown here may not reflect the most current law. Always verify requirements with your state’s statutes or a qualified attorney before serving any notice. Review your state’s landlord-tenant laws.