Free Texas 3-Day Notice to Vacate for Nonpayment | Fillable PDF Form

📄 Texas 3-Day Notice to Vacate

Nonpayment of Rent – Texas Property Code § 24.005

🚨 CRITICAL – Read Before Using This Notice

This notice is required before filing eviction for nonpayment:

  • 3-day minimum: Tenant must be given at least 3 days to pay or vacate (can be 1 day if lease specifies)
  • 2-day grace period: Must wait 2 days after due date before notice (§ 92.019)
  • Cannot file eviction early: Must wait full notice period before filing in Justice Court
  • Exact amount required: Must state precise rent owed – errors invalidate notice
  • Proper service required: Personal service, posting on door, or certified mail

⚠️ 2-Day Grace Period Calculator

Texas law requires 2-day grace period before late fees (§ 92.019):

  • If rent due on 1st, earliest notice is 4th (after 2-day grace)
  • Grace period = days after due date before late fee charges
  • Cannot charge late fee until day 3 after due date
  • Notice should not be given before grace period expires

📋 What Happens After Serving Notice

  • Tenant pays: Accept full payment, tenancy continues
  • Tenant vacates: Inspect property, return/itemize security deposit within 30 days
  • Tenant does neither: After 3 days, can file Forcible Detainer lawsuit in Justice Court
  • Keep proof of service: Will need for court filing

📝 Notice Details

Landlord Information

Tenant Information

Rent Details

The date rent was originally due

Total unpaid rent (must be exact)

Month(s) for which rent is owed

Only if 2+ days after due date and allowed by lease

Rent + late fees + other charges

Notice Period

Calculated Deadline:

Payment Instructions

Service Method

📚 Complete Guide to Texas 3-Day Notice to Vacate (Nonpayment)

Legal Authority: Texas Property Code § 24.005 requires landlord to give tenant at least 3 days’ written notice to vacate before filing forcible detainer suit for nonpayment of rent. Notice period can be shorter (even 1 day) if specified in written lease. Notice must be given after rent is due and any grace period has passed. § 92.019 requires 2-day grace period before late fees. Proper service required: personal, posting, or mail.

When to Use This Notice

Use 3-Day Notice to Vacate for Nonpayment when:

  • Tenant hasn’t paid rent: Rent is overdue and not paid by due date
  • Grace period expired: At least 2 days have passed since due date (§ 92.019)
  • Before eviction filing: Required prerequisite before filing forcible detainer lawsuit
  • Lease allows 3-day notice: Or lease specifies shorter period (1-2 days)

Texas 2-Day Grace Period

💰 Understanding Texas Grace Period (§ 92.019)

Texas law requires landlords wait 2 days after rent due date before charging late fees:

  • Example: If rent due on 1st, cannot charge late fee until 4th
  • Count: Day 1 = rent due, Day 2 = first grace day, Day 3 = second grace day, Day 4 = late fee allowed
  • Applies to late fees only: Does not delay eviction notice (but best practice to wait)
  • Cannot waive: Even if lease says late fee on day 1, must wait 2 days

Best practice: Don’t give notice to vacate until after grace period expires

3-Day Minimum Notice Period

Texas law requires:

  • Default: 3 days minimum – Unless lease specifies shorter or longer period
  • Can be shortened: Lease can require as little as 1 day notice
  • Can be lengthened: Lease can require 5, 7, 10+ days notice
  • Check your lease: Use period specified in lease, or 3 days if lease is silent

Required Information in Notice

Notice must include:

  1. Landlord’s name and address: Full legal name and contact information
  2. Tenant’s name(s): All tenants on lease
  3. Property address: Exact address of rental property
  4. Exact amount owed: Specific dollar amount of unpaid rent
  5. Rent period: What months/period rent covers
  6. Deadline to pay or vacate: Specific date by which tenant must pay or move
  7. Where to pay: Address or location to make payment
  8. Statement of default: Clear statement tenant is in default for nonpayment

How to Serve the Notice

Texas Property Code § 24.005(f) allows service by:

📬 Three Service Methods

1. Personal Service (Best Method):

  • Hand directly to tenant
  • Or hand to any household member who is 16 years or older
  • Get signed receipt if possible

2. Posting (Affixing to Door):

  • Post on inside of main entry door (preferred)
  • Or outside of main entry door if cannot access inside
  • Take photo of posted notice

3. Mail:

  • Regular mail, certified mail, or registered mail
  • Certified mail with return receipt recommended
  • Keep all postal receipts

Timeline Example

Here’s how the timeline works:

  1. January 1: Rent due ($1,000)
  2. January 2-3: Grace period (2 days) – no late fee yet
  3. January 4: Earliest you can serve 3-Day Notice to Vacate (grace period expired)
  4. January 5-7: 3-day notice period (tenant has 3 days to pay or move)
  5. January 8: Earliest you can file eviction lawsuit in Justice Court (if tenant didn’t pay or move)
  6. 10+ days later: Eviction hearing (court must wait at least 10 days after filing)

What Happens After Notice

Three possible outcomes:

✅ Tenant Pays Full Amount

  • Must accept payment if made before deadline
  • Tenant remains in property
  • Tenancy continues per lease terms
  • Cannot evict for that period’s unpaid rent

📦 Tenant Vacates

  • Tenant moves out voluntarily
  • Inspect property for damages
  • Return or itemize security deposit within 30 days
  • Can sue for unpaid rent separately

⚖️ Tenant Does Neither (Doesn’t Pay or Move)

  • After 3 days expire, can file eviction lawsuit
  • File “Petition for Forcible Entry and Detainer” in Justice of Peace Court
  • Serve tenant with court papers
  • Attend hearing (at least 10 days after filing)
  • If you win, get Writ of Possession
  • Constable removes tenant (with 24-hour notice)

Common Mistakes

❌ Top 10 Texas Nonpayment Notice Errors

  1. Filed eviction too soon: Didn’t wait full 3 days. Court dismisses case, start over.
  2. Ignored grace period: Charged late fee on day 2. Must wait until day 3 after due date.
  3. Wrong amount stated: Said $1,000 owed but actually $1,050. Notice invalid, start over.
  4. No proof of service: Can’t prove notice was delivered. Court requires proof.
  5. Accepted partial payment: Took $500 of $1,000 owed. Waived right to evict for that period.
  6. No payment location: Didn’t tell tenant where to pay. Notice incomplete.
  7. Used wrong notice period: Lease requires 5 days but gave 3-day notice. Invalid notice.
  8. Didn’t include all tenants: Only named one tenant, two on lease. Incomplete.
  9. Wrong property address: Typo in address (Apt 3 instead of Apt 4). Could invalidate notice.
  10. Served on wrong person: Gave to neighbor, not tenant or household member 16+. Improper service.

Best Practices

✅ 3-Day Notice Checklist

  • Check lease first: Verify required notice period in lease
  • Wait grace period: Don’t serve until 2+ days after due date
  • Calculate exact amount: Double-check all rent calculations
  • Include everything required: All 8 required elements (see above)
  • Use certified mail: Best proof of service
  • Take photos: If posting, photograph posted notice
  • Keep all records: Copies of notice, proof of service, postal receipts
  • Don’t accept partial payment: After notice served, accepting partial rent may waive right
  • Wait full 3 days: Don’t file eviction until period expires
  • Count correctly: Don’t count day of service – start next day

After the 3 Days Expire

If tenant hasn’t paid or moved after 3 days:

  1. File eviction lawsuit: Go to Justice of Peace Court in precinct where property located
  2. Pay filing fee: Approximately $100-150 depending on county
  3. Fill out petition: “Petition for Forcible Entry and Detainer”
  4. Tenant gets served: Constable serves tenant with court papers
  5. Wait 10+ days: Hearing cannot occur until at least 10 days after filing
  6. Attend hearing: Both sides present evidence
  7. Judgment: Judge decides – usually same day
  8. Wait 5 days: Tenant has 5 days to appeal
  9. Get writ: Request Writ of Possession from judge
  10. Constable removes tenant: Must give 24-hour notice before removal

⚖️ Legal Disclaimer

This form is provided for informational purposes only and does not constitute legal advice. Texas eviction law (Texas Property Code Chapter 24) has strict requirements including proper notice period (minimum 3 days), 2-day grace period before late fees (§ 92.019), exact rent amount, and proper service method.

Premature filing results in dismissal. You cannot file eviction lawsuit until full 3-day period expires. Accepting any rent payment after serving notice may waive your right to evict for that period. Count carefully – day of service doesn’t count toward 3 days.

Check your lease agreement. Lease may specify different notice period (1 day minimum, or longer than 3 days). Use period stated in lease. If lease is silent, use 3-day minimum required by law.

Service of notice is critical. Improper service invalidates notice. Use personal service, posting on door, or certified mail. Keep proof of service – you’ll need it if case goes to court. Consider consulting Texas landlord-tenant attorney before proceeding with eviction.