Quick Answer
Before you file a forcible detainer suit, Tex. Prop. Code § 24.005(a) has you give your tenant at least three days’ written notice to vacate, unless your written lease sets a shorter or longer period. You deliver it in person to the tenant or to a resident who is 16 or older, by affixing it to the inside of the main entry door, or by mail to the premises. Published summaries of SB 38 and the revised Texas Rule of Civil Procedure 510, effective January 1, 2026, also describe commercial carrier and email delivery and a pay-or-vacate notice for a first rent delinquency, so check the current rule before you serve. Statute text last checked October 2, 2026.
Key Takeaways
- Three days is the default. Your written lease may set a shorter or longer period (§ 24.005(a)).
- The day of service is Day 0. Count from the next day, and file after the notice period ends.
- Three delivery methods are in the statute. Personal delivery to the tenant or a resident aged 16 or older, delivery to the premises with the notice affixed to the inside of the main entry door, or mail to the premises (§ 24.005(f)).
- 2026 changes add steps. Reported changes under SB 38 and Rule 510 include commercial carrier and email delivery, and a notice to pay or vacate for a first rent delinquency.
- Federal rules can lengthen the period. For a covered property, the CARES Act calls for 30 days’ notice to vacate for nonpayment.
1. The Default Three-Day Rule (§ 24.005(a))
Under Texas Property Code § 24.005(a), when a tenant defaults or holds over, you give at least three days’ written notice to vacate before you file a forcible detainer suit. The statute allows your written lease or agreement to set a shorter or longer period. If your lease sets a period, follow the lease. If it is silent, use three days.
Texas does not require a right to cure for nonpayment unless your lease provides one. A notice that demands possession can be undercut if you later accept rent, so decide whether to accept payment before you serve, and check whether your lease includes a non-waiver clause.
2. How to Deliver the Notice (§ 24.005(f))
The statute lists these delivery methods:
- Personal delivery to the tenant or to any person residing at the premises who is 16 years of age or older.
- Delivery to the premises with the notice affixed to the inside of the main entry door.
- Mail to the premises by regular mail, registered mail, or certified mail, return receipt requested.
Subsection (f-1) offers a narrow alternative that lets you affix the notice to the outside of the main entry door in a sealed envelope and mail a copy the same day when the statute’s conditions are met. Read (f-1) before you use it.
Under the 2026 changes described in published summaries, Rule 510 also allows delivery by a commercial carrier such as UPS or FedEx and by email. Confirm the current rule text before you rely on those methods.
3. Counting the Days
- Day 0: the day you serve the notice. It does not count.
- Days 1 to 3: the calendar days after service.
- Day 4: the earliest day to file, when no longer period applies.
If the last day of a statutory period falls on a Saturday, Sunday, or legal holiday, Texas Government Code § 311.014 extends the period to the next day that is not one. Section 24.005 sets no extra days for mail, so allow extra time when you mail the notice.
4. First Rent Delinquency
Published summaries of the 2026 rule changes say that for a tenant’s first rent delinquency, the notice must be a notice to pay or vacate rather than an immediate notice to vacate. Check Rule 510 as currently in force and match your notice form to it.
5. The Federal 30-Day Rule
For a covered dwelling, such as a property with a federally backed mortgage or one in a federal housing program, the CARES Act (15 U.S.C. § 9058(c)) calls for 30 days’ notice to vacate for nonpayment. That period is longer than the Texas default, so confirm whether your property is covered before you serve a 3-day notice.
6. After the Notice Period Ends
When the period has ended and your tenant has not left, you file a sworn petition in the justice court for the precinct where the property sits, under Rule 510. Bring a copy of the notice and your proof of how and when you delivered it. Texas does not allow self-help evictions such as changing locks or shutting off utilities, so wait for the court process.
7. Questions Owners Ask
Can I tape the notice to the outside of the front door? Generally no. The statute names the inside of the main entry door, and the outside option under (f-1) depends on specific conditions.
Does accepting partial rent cancel the notice? It can create a waiver argument. Decide whether to accept payment before you serve, and ask your attorney about your lease’s non-waiver language.
Can my lease shorten the period to 24 hours? Yes, § 24.005(a) allows a shorter period when your written lease provides it.
What This Guide Does Not Cover
This guide covers residential notices to vacate under Texas Property Code § 24.005. It describes what the statute says as of the check date above and does not predict how a court will rule on your facts.
It does not cover:
- Commercial tenancies under Chapter 93.
- Manufactured home lot leases under Chapter 94.
- Trial procedure and appeals under Rule 510.
- Local eviction ordinances and federal housing program notice rules beyond the CARES Act point above.