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Eviction rules depend on the state. Which state is the rental in?

Texas eviction laws

Notices, deadlines, court and tenant rights in Texas — in plain English.

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Overview

The court case
Eviction suit (forcible detainer)
Court
Justice Court (Justice of the Peace) in the precinct where the property is located
Main laws
Tex. Prop. Code ch. 24 (as amended by S.B. 38, 2025, for cases filed on or after Jan. 1, 2026); Tex. Prop. Code § 91.001; Tex. R. Civ. P. 510

Just-cause protection

No statewide law

Texas has no statewide just-cause rule. A landlord may end a month-to-month tenancy for any lawful reason (not retaliation or discrimination) with proper notice, and may decline to renew a fixed-term lease. S.B. 38 (2025) says only the Legislature can change eviction procedures, so city ordinances adding eviction notice steps no longer apply. (Tex. Prop. Code §§ 24.005, 91.001, 92.331)

Notices before filing, by reason

What a landlord must serve before filing — and what a tenant should expect to receive.

Unpaid rent — Notice to Pay Rent or Vacate (or Notice to Vacate if tenant was late before)

Before filing, give a written 3-day notice (or the period stated in the lease, which may be shorter or longer). If the tenant has never been late before in the lease term and nonpayment is the only reason, the notice must be a 'notice to pay rent or vacate' that lets the tenant pay to stay. If the tenant was late in an earlier month, a plain notice to vacate may be used.

Notice to Pay Rent or Vacate (or Notice to Vacate if tenant was late before)

Notice period
3 days
Counting
Day of delivery is day 0; weekends and holidays count. If the last day falls on a Saturday, Sunday or legal holiday, wait until the next business day before filing. The lease may set a shorter or longer period. File only after the period has fully run.
Tenant can fix it?
Yes, within the notice period
Must include
  • Tenant name(s) or 'all occupants' and the property address
  • Amount of rent owed (rent only; list any late fees separately)
  • Demand to pay the full amount or move out by a stated date
  • Statement that an eviction suit may be filed if the tenant does not pay or move out
  • Date given, landlord or agent name and signature, and how/where to pay
How to serve
Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Registered mail; Post it on the door; Email (only if the tenant agreed in writing). Use at least one method: (1) mail, including first-class, registered, certified mail or a delivery service (UPS/FedEx); (2) leaving it inside the home in a conspicuous place; (3) handing it to any tenant 16 or older; or (4) email or other electronic means only if the parties agreed to that in writing (e.g., in the lease). Delivery method rules do not matter if the tenant actually receives the notice. 'posting' here means leaving it INSIDE the home, not taping it to the outside door.
Law
Tex. Prop. Code § 24.005(a), (e), (f-3), (f-4) (as amended by S.B. 38, 2025)
  • Double-check with the court: S.B. 38 (effective for cases filed Jan. 1, 2026 or later) requires a notice to pay rent or vacate, not a plain notice to vacate, when the tenant was not late in any earlier month and nonpayment is the only reason. Confirm the exact subsection of Prop. Code § 24.005 on the Legislature's site.
  • If the property has a federally backed mortgage or federal subsidy, a 30-day notice may be required (the app adds the CARES Act note). In Texas the suit may be filed after the state notice, but the writ of possession cannot be served until the federal notice period has run (Prop. Code § 24.005(c-1)).
  • Public housing and many subsidized programs also require their own notice of proposed eviction; under S.B. 38 that period may run at the same time as the notice to vacate.
The tenant broke the lease or rules — Notice to Vacate

For a lease violation other than rent, Texas law does not require a chance to fix the problem (unless the lease or a housing program requires it). Give a written notice to vacate at least 3 days before filing, unless the lease sets a different period.

Notice to Vacate

Notice period
3 days
Counting
Day of delivery is day 0; weekends and holidays count. If the last day falls on a weekend or legal holiday, wait until the next business day before filing. The lease may set a different period.
Tenant can fix it?
No
Must include
  • Tenant name(s) or 'all occupants' and the property address
  • Statement that the tenant's right to occupy is terminated and a demand to move out by a stated date
  • The lease violation (recommended, and required by many leases and housing programs)
  • Date given, landlord or agent name and signature
How to serve
Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Registered mail; Post it on the door; Email (only if the tenant agreed in writing). Mail (any class or delivery service), leave inside the home in a conspicuous place, hand to any tenant 16 or older, or email only if agreed in writing. Actual receipt cures a method defect.
Law
Tex. Prop. Code § 24.005(a), (f-3)
  • Check the lease: many Texas leases require a notice to cure first or set a longer notice period, and the landlord must follow the lease.
The lease ended and the tenant stayed — Notice to Vacate

If a fixed-term lease has ended and the tenant stays, give a written notice to vacate at least 3 days before filing (unless the lease sets a different period). Many leases automatically become month-to-month unless someone gives notice of non-renewal, so check the lease first.

Notice to Vacate

Notice period
3 days
Counting
Day of delivery is day 0; weekends and holidays count; if the last day is a weekend or legal holiday, wait until the next business day. Give it only after the lease term has ended.
Tenant can fix it?
No
Must include
  • Tenant name(s) or 'all occupants' and the property address
  • Statement that the lease ended on a stated date
  • Demand to move out by a stated date
  • Date given, landlord or agent name and signature
How to serve
Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Registered mail; Post it on the door; Email (only if the tenant agreed in writing). Mail, leave inside the home in a conspicuous place, hand to a tenant 16 or older, or email if agreed in writing.
Law
Tex. Prop. Code § 24.005(a), (f-3)
  • If the lease requires advance notice of non-renewal (for example 30 or 60 days) and it was not given, the lease may have renewed or converted to month-to-month.
Ending a month-to-month tenancy (no fault) — Notice of Termination of Month-to-Month Tenancy → Notice to Vacate

A month-to-month tenancy is ended with written notice of at least one month (or the rent-paying period if shorter, e.g. 7 days for week-to-week), unless the parties agreed otherwise in writing. After the termination date, if the tenant stays, give a 3-day notice to vacate before filing.

Notice of Termination of Month-to-Month Tenancy

Notice period
30 days (week-to-week: 7 days, month-to-month: 30 days)
Counting
The tenancy ends on the later of the date stated in the notice or one month after the notice is given (for monthly rent). Texas does not require the end date to fall on the last day of a rental period, unless the lease says so.
Tenant can fix it?
No
Must include
  • Tenant name(s) and property address
  • Statement that the month-to-month tenancy ends on a stated date at least one month away
  • Date given, landlord or agent name and signature
How to serve
Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Post it on the door; Email (only if the tenant agreed in writing). Give in writing. Use the same delivery methods as a notice to vacate to be safe.
Law
Tex. Prop. Code § 91.001

Notice to Vacate

Notice period
3 days
Counting
Given after the termination date passes; day of delivery is day 0; if the last day falls on a weekend or holiday, wait until the next business day.
Tenant can fix it?
No
Must include
  • Tenant name(s) or 'all occupants' and address
  • Statement that the tenancy ended on a stated date
  • Demand to move out by a stated date
  • Date, landlord name and signature
How to serve
Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Registered mail; Post it on the door; Email (only if the tenant agreed in writing). Mail, leave inside the home in a conspicuous place, hand to a tenant 16 or older, or email if agreed in writing.
Law
Tex. Prop. Code § 24.005(a), (b)
  • Double-check with the court: Some landlords combine the termination notice and notice to vacate; the safer course is a separate 3-day notice to vacate after the tenancy has ended.
Illegal activity, violence or serious damage — Notice to Vacate

Texas has no special notice for criminal activity or serious damage. The landlord treats it as a lease violation: give a written notice to vacate at least 3 days before filing (unless the lease sets a different period).

Notice to Vacate

Notice period
3 days
Counting
Day of delivery is day 0; weekends and holidays count; if the last day is a weekend or legal holiday, wait until the next business day. The lease may set a shorter or longer period.
Tenant can fix it?
No
Must include
  • Tenant name(s) or 'all occupants' and address
  • Statement that the right to occupy is terminated and demand to move out by a stated date
  • Brief description of the conduct (recommended)
  • Date, landlord name and signature
How to serve
Hand it to the tenant in person; First-class mail; Certified mail (return receipt); Registered mail; Post it on the door; Email (only if the tenant agreed in writing). Mail, leave inside the home in a conspicuous place, hand to a tenant 16 or older, or email if agreed in writing.
Law
Tex. Prop. Code § 24.005(a), (f-3)
  • A landlord may not evict a tenant because the tenant called police or emergency help or was a victim of family violence (Tex. Prop. Code § 92.015, § 92.016).

How a tenant responds

A written answer is not required, but the tenant may file one. The tenant must appear at the trial listed on the citation. Trial is set 10 to 21 days after the petition is filed, and not earlier than the 4th day after the tenant is served. If the tenant does not appear, the landlord can win by default. Either side may appeal within 5 days after judgment.

Deadline: at the hearing (no fixed written-answer deadline) · Form: Answer - Eviction Case (Texas justice court form, TexasLawHelp.org) · Tex. Prop. Code § 24.0051; Tex. R. Civ. P. 510

City and local rules

  • S.B. 38 (2025) states that only the Legislature may change eviction procedures; earlier city ordinances (for example Austin's and Dallas's pandemic-era notice-of-proposed-eviction ordinances) no longer add notice steps. Double-check with the court: confirm no local rule still applies to your case.
  • Public housing and HUD-subsidized properties in Houston, Dallas, San Antonio, Austin and elsewhere have program-specific notice rules (often 14 or 30 days) in addition to state law.

Official court forms

Landlords

  • Petition – Eviction Case
  • Citation in Eviction Case

Tenants

  • Answer – Eviction

All Texas forms →

Sources

Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.