General info, not legal advice. Details

Texas Eviction notice (nonpayment)

Last reviewed 2026-10-15

What notice does a landlord have to give before evicting for unpaid rent in Texas?

At least 3 days' written notice to vacate before filing, unless the lease sets a shorter or longer period. For tenants who were not previously late, a nonpayment notice must be a notice to pay rent or vacate.

Verified Source: Tex. Prop. Code § 24.005(a) · last checked 2026-10-15

How this works in Texas

Texas requires at least 3 days' written notice to vacate before filing, unless the lease sets a shorter or longer period. For tenants who were not previously late, a nonpayment notice must be a notice to pay rent or vacate. If the tenant was late or delinquent in paying rent before the month in which the notice is given, the written notice may be either a notice to pay rent or vacate or a notice to vacate.

Worked example for Texas

Example: You give written notice on May 1, 2026. Unless the lease sets a shorter or longer period, you must give at least 3 days' written notice to vacate before filing, so you may not file before May 4, 2026. If the tenant was not previously late, that nonpayment notice must be a notice to pay rent or vacate. If the tenant was late or delinquent in paying rent before the month in which the notice is given, the notice may be either a notice to pay rent or vacate or a notice to vacate.

Texas timelines and limits

Notice before filingAt least 3 days' written notice to vacate, unless the lease sets a shorter or longer period
Tenant who was not previously lateThe nonpayment notice must be a notice to pay rent or vacate
Tenant who was late or delinquent before the month in which the notice is givenThe notice may be either a notice to pay rent or vacate or a notice to vacate

Texas FAQ

How much notice does a Texas landlord have to give before filing for nonpayment?

At least 3 days' written notice to vacate, unless the lease sets a shorter or longer period, under Tex. Prop. Code § 24.005(a).

What form of notice is required if the tenant was not previously late?

A notice to pay rent or vacate.

What if the tenant was late or delinquent before the month in which the notice is given?

The written notice may be either a notice to pay rent or vacate or a notice to vacate.

Sources for this section: Tex. Prop. Code § 24.005(a) (checked 2026-10-15)

This is general information, not legal advice. The verified rule and official sources above control. Check the source or a local attorney for your situation.

Related Texas rules

Eviction court process & timeline

A landlord who wins an eviction suit gets a judgment for possession and a writ of possession. The writ cannot issue before the 6th day after the judgment, unless a possession bond has been filed and approved.

Verified Source: Tex. Prop. Code § 24.0061(a)-(b) · last checked 2026-10-15 · Full Texas eviction court process & timeline page

Eviction filing fees

The justice court in the precinct where the property is located has jurisdiction over eviction suits (Prop. Code § 24.004(a)), and a justice court clerk collects a $21 state consolidated civil filing fee on any civil case. Statute text: "(a-1) The clerk of a justice court shall collect a fee in the amount of $21 on the filing of any civil case and on any action other than an original action for the civil case, including an appeal and any counterclaim, cross-action, intervention, contempt action, interpleader, motion for new trial, motion to reinstate, or third-party action." (Tex. Loc. Gov't Code § 133.151(a-1); Tex. Prop. Code § 24.004(a)).

Verified Source: Tex. Loc. Gov't Code § 133.151(a-1); Tex. Prop. Code § 24.004(a) · last checked 2026-10-16 · Full Texas eviction filing fees page

Lockouts and utility shutoffs

A landlord may not keep a tenant out except through the courts. The exceptions are bona fide repairs, construction or an emergency; removing the contents of abandoned premises; or changing the locks on a tenant who is behind on rent. A lock change requires a door notice telling the tenant where to get a new key 24 hours a day. Landlords also may not remove doors, locks or furnished appliances except for prompt bona fide repair. Utility cutoffs are covered separately by § 92.008.

Verified Source: Tex. Prop. Code §§ 92.0081(a)–(c), 92.008 · last checked 2026-10-23 · Full Texas lockouts and utility shutoffs page

Retaliation protections

Yes. Chapter 92 bars retaliation against tenants for protected actions, including rent increases within 6 months of the protected action.

Verified Source: Tex. Prop. Code § 92.331 · last checked 2026-10-23 · Full Texas retaliation protections page

Holdover tenants

Before filing an eviction suit against a tenant who is in default or who holds over after the lease or renewal period ends, the landlord must give at least 3 days' written notice to vacate, unless a written lease sets a shorter or longer period.

Verified Source: Tex. Prop. Code §§ 24.002(a)(1), 24.005(a) · last checked 2026-10-15 · Full Texas holdover tenants page

Rent withholding / escrow

If a tenant withholds rent or deducts for repairs in a way ch. 92 doesn't allow, the landlord may recover actual damages. If the tenant acted in bad faith after written notice that withholding is illegal and of the penalties, the landlord may also recover a civil penalty of one month's rent plus $500.

Verified Source: Tex. Prop. Code § 92.058(a) · last checked 2026-10-15 · Full Texas rent withholding / escrow page

Same topic in neighboring states

All Texas landlord-tenant law · Texas landlord FAQ · Security deposit limit · Deposit return deadline · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone)

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