Free Texas 3-Day Notice to Vacate (Nonpayment)

▶ Watch overview

Free Texas 3-Day Notice to Vacate (Nonpayment) — overview

A Texas 3-Day Notice to Vacate (Nonpayment) is the statutory notice to vacate for nonpayment of rent under Texas Property Code §24.005. Texas uses a unified §24.005 procedure for both nonpayment and lease violations – there is no separate pay-or-quit statute in Texas. The lease may provide cure rights (acceptance of late payment) that the statute does not require.

Complete the 3-Day Notice to Vacate (Nonpayment)

Complete the form below to generate a Texas 3-Day Notice to Vacate (Nonpayment). The notice must include the tenant’s full name, complete property address, the statutory deadline to vacate, the legal basis (if required by your state), and proper service. Improperly drafted or served notices can be dismissed by the court and force you to start over.

About the Texas 3-Day Notice to Vacate (Nonpayment)

Texas is unusual among U.S. states in that it does NOT have a separate pay-or-quit statute for nonpayment. Instead, Texas Property Code §24.005 provides a unified 3-day notice to vacate that applies to both nonpayment AND lease violations. For nonpayment, the landlord serves the 3-day notice to vacate, and after 3 days may file forcible detainer in JP court. The lease itself may provide cure rights (such as accepting late payment within a grace period before serving notice) – but the statute does not require this. The 3-day notice period is also the statute default; the lease may specify a longer period. Many Texas leases (especially TAA standard leases) provide a grace period for rent payment with late fees, but the leases also typically authorize the landlord to proceed under §24.005 if the rent is not paid by a specified date. Once the §24.005 notice is served and the 3-day period expires without payment, the landlord may file forcible detainer.

Texas Notice Framework

• Statute: Texas Property Code §24.005 (unified for nonpayment and violations)
• Notice period: 3 days (statute default; lease may specify longer)
• No separate pay-or-quit statute in Texas – unified §24.005 procedure
• Lease may provide cure rights (acceptance of late payment) – check carefully
• Late fees: must comply with TPC §92.019 + lease terms

Common Mistakes That Get Notices to Vacate Dismissed

• Demanding excessive late fees (must comply with TPC §92.019)
• Ignoring lease grace period for late payment
• Filing forcible detainer before 3-day period expires
• Improper service method (must comply with TPC §24.005)
• Vague identification of which rental period is unpaid
• Demanding amounts not yet due or already paid

Service Requirements

Texas Property Code §24.005 governs service: personal delivery, mailing by regular or certified mail to the premises, or posting on the inside of the main entry door (with specific procedural steps). Document service carefully – Texas courts strictly enforce §24.005 service requirements.

What Happens If Tenant Does Not Vacate

If the tenant does not pay or vacate within 3 days, the landlord may file a forcible detainer action in the Justice of the Peace court of the precinct where the property is located. The JP court will set a hearing typically within 10-21 days. If the landlord prevails, the court issues a judgment for possession and writ of possession allowing the constable to remove the tenant. The landlord may also obtain a money judgment for back rent, late fees as permitted by TPC §92.019, and court costs. The tenant may appeal to the County Court at Law for de novo trial.

Published by Tenant Screening Background Check

Established 2004 · 20+ Years · All U.S. States & Territories · Statute-Based · Attorney-Reviewed

A Private Eye Reports™ service trusted by landlords, property managers, and attorneys.