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Eviction Notice

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Notice to Pay Rent Page of
Notice to Pay Rent
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NOTICE TO PAY RENT OR QUIT

NOTICE TO: _____________________, TENANT in possession and all others:

TAKE NOTICE THAT:

  1. Pursuant to a written lease dated _________________, you are obligated to pay certain rents on the premises described as: ________________________________________ (the "Premises"), of which you now hold possession.
  2. You are late in the payment of rents totaling $___________. This rent was due on May 19, 2024.
  3. You are hereby required to PAY the said rents, in full, to the Landlord, or its agents, within thirty days after service of this notice.
  4. If you fail to pay the above mentioned rent within the time period mentioned above, the tenancy will be forfeited at the end of that said time period.
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Last updated February 8, 2023

Eviction Notices in Texas

When a tenant fails to pay rent or violates their lease terms—or if a landlord needs to end a lease that might otherwise renew—the landlord must send a legal notice to the tenant.

Quickly generate a document that suits your needs with LawDepot’s Eviction Notice template. Simply answer a series of questions to customize your notice form and we’ll provide helpful information along the way. Use the editor to make final changes as needed, then print or download your copy in minutes.

An Eviction Notice is also known as a:

  • Notice to Vacate
  • Notice of Non-Renewal
  • Move-out Notice
  • Notice to Pay Rent or Quit
  • Notice of Lease Violation
  • Notice of Termination

How long does the eviction process take in Texas?

The time it takes to evict a tenant in Texas varies depending on the situation. 

When starting an eviction lawsuit, the landlord must meet standards set by the Texas Property Code, the Federal CARES Act (if the property or its owner qualifies), and any local laws that may apply to the property in question. 

So, considering all the steps that need to take place, the eviction process can take several weeks:

  1. Landlord sends written notice (usually at least three or 30 days
  2. Landlord files for an eviction suit (hearing occurs at least 10 days later)
  3. Court issues a judgment (five days of inaction for parties to appeal)
  4. Tenant appeals (if applicable, the hearing occurs at least eight days later)
  5. Court issues a Writ of Possession (24 hours of notice before the constable executes the writ and removes the tenant’s items from the property)

A landlord may evict a tenant for many reasons, as long as it’s not to punish the tenant for exercising a right. Although the landlord doesn’t need to explain the reason, it’s typically best practice to do so. 

Valid reasons for eviction in Texas include:

  • Occupying the property for longer than agreed (i.e., a holdover tenant)
  • Threatening or making others feel unsafe 
  • Violating the Lease Agreement
  • Conducting illegal activity on the property
  • Taking the property off the rental market
  • Making the property fit for habitation

In contrast, the following are not valid reasons for eviction:

How much notice do I need to give a tenant in Texas?

When a fixed term is ending, minimum notice periods vary depending on the term length:

  • In a fixed-period rental, no notice period is needed as the rental ends on the last day of the lease. 
  • For a weekly rental, a party must give at least seven days’ notice to terminate.
  • For monthly and yearly rentals, a party must give at least one month’s notice to terminate. 

For most other situations, three days is the typical requirement. Shorter notice periods are acceptable only if both parties agree to them in writing, such as in the Lease Agreement.

Does an Eviction Notice need to be notarized in Texas?

No, Texas laws do not require landlords to notarize Eviction Notices. However, there is a strict procedure for writing, serving, and filing the Eviction Notice. 

How to serve an Eviction Notice in Texas

File your eviction notice at the justice court of the precinct where the property is located. You can typically find your justice of the peace listed on your county’s government website.

Related Documents

  • Residential Lease Agreement: Outline the terms of a tenancy agreement between a tenant and landlord.
  • Lease Amendment: Make changes to an existing lease (e.g., changing the permitted uses of property or the length of a lease term).
  • Rent Receipt: Keep track of full or partial rent payments.
  • Rent Increase Notice: Inform a tenant of a future increase to their rent charge
  • Tenant Notices: Send your landlord a letter to request repairs or give notice to vacate.
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