Housing & Tenant · Eviction Notice
Eviction Notice in Texas
How many days of written notice a landlord must give before filing an eviction in Texas, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in Texas
The written notice for each reason a landlord can end a tenancy, and what each one means.
Texas is a strong lease-controls state. Under §24.005 the notice to vacate is 3 days only when the lease is silent; a written lease can set a shorter period (many use one day) or a longer one. Read your signed lease first, because it, not the 3-day default, usually sets the real deadline.
| Reason for the notice | Notice in Texas | What it means |
|---|---|---|
| Nonpayment of rent or holding over | 3 days (default) | A single written notice to vacate at least 3 days before the landlord files, whether the reason is unpaid rent or staying past the term (§24.005). The lease can set a shorter or longer period. Texas has no general statewide right to cure unpaid rent, though a narrow first-late-month protection can apply. |
| No-cause end of a month-to-month tenancy | One month | To end a month-to-month tenancy, one month of notice (§91.001). The tenancy ends on the later of the date named in the notice or one month after the notice is given. A signed agreement can set a different period or none. |
| End of a fixed-term lease | Per lease | A fixed-term lease ends on its own date. If the tenant holds over after that, the landlord still serves the §24.005 notice to vacate before filing. Any duty to give notice of non-renewal comes from the lease, not the statute. |
| After the notice | Court | After the notice to vacate expires, the landlord files an eviction (forcible detainer) suit in the justice court for the precinct. The tenant is served and can appear at the hearing to contest. A tenant who loses generally has 5 days to appeal to county court. |
| Statute | Tex. Prop. Code §24.005; §91.001 | The controlling statute for these notice periods. Read the full text through the source link below. |
What you can do right now
Concrete, neutral steps if you have received an eviction notice in Texas. This is legal information, not legal advice.
- Read your lease before the statute
The 3-day notice to vacate is only the default. Your written lease can shorten it, often to one day, or lengthen it. Find the notice clause in your lease, because that is usually what sets your real deadline in Texas.
- Check whether you can still pay
Texas has no general right to cure unpaid rent, but a narrow protection can let a tenant who is late for the first time that lease term catch up. If the landlord accepts full rent, get it in writing that the tenancy continues.
- Go to the justice court hearing
If the landlord files, the case goes to the justice court and you will get a hearing date. Show up. Bring your lease, receipts, and any texts. If you lose, you generally have 5 days to appeal to county court, which can pause removal.
- Get free Texas eviction help
TexasLawHelp has plain-language articles, an eviction answer guide, and forms, and can point you to local tenant help. Acting before the hearing date gives you the most options.
If you have received a notice, you can still act. This resource explains your rights and the deadlines, and points you to local help.
→ TexasLawHelp (Eviction)This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What Texas renters get wrong
Texas eviction notice is unusual because the lease, not the statute, often sets the real deadline. Property Code §24.005 requires a written notice to vacate at least 3 days before the landlord files, and it uses that same 3-day notice whether the reason is unpaid rent or holding over past the term. But the statute lets the lease change that period, and many Texas leases shorten it to a single day, so the 3-day figure people search for is frequently not the number that applies to them. Texas also has no general statewide right to cure unpaid rent the way some states do, though a narrow protection can help a tenant who is late for the first time in a lease term. Ending a month-to-month tenancy for no reason takes one month of notice under §91.001, with the tenancy ending on the later of the date in the notice or one month out. After the notice runs, the landlord files in justice court, and a tenant who loses usually has 5 days to appeal to county court. The single most important step for a Texas tenant is to read the lease before relying on any default number.
Common questions
How many days notice does a landlord give before eviction in Texas?
The default is a written notice to vacate at least 3 days before filing, for unpaid rent or holding over (§24.005). But the lease can change that. Many Texas leases shorten the notice to one day, so your signed lease usually controls the real deadline, not the 3-day default.
Can a Texas lease shorten the 3-day eviction notice?
Yes. Section 24.005 sets 3 days only when the lease is silent. A written lease can set a shorter notice, often one day, or a longer one. This is why reading your lease matters more than the statutory default in Texas.
Do I get a chance to pay before eviction in Texas?
Texas has no general statewide right to cure unpaid rent. A narrow protection can let a tenant who is late for the first time that lease term make up the rent, but outside that the landlord can move straight to a notice to vacate. If a landlord accepts full rent, get written confirmation the tenancy continues.
How much notice to end a month-to-month lease in Texas?
One month, under Property Code §91.001. The tenancy ends on the later of the date named in the notice or one month after the notice is given, when rent is paid monthly. A signed agreement between landlord and tenant can set a different period, or waive notice.
What happens after the notice to vacate in Texas?
If you do not leave, the landlord files an eviction suit in the justice court for your precinct, and you get a hearing. You can appear and contest it. A tenant who loses generally has 5 days to appeal to county court, which can pause removal while the appeal is pending.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.