Preparing And Serving A Notice To Vacate Under Texas Landlord-tenant Law

Notice to Vacate. This notice, also known as a demand for possession, must be in writing. The landlord has to give the tenant at least three days to vacate unless a written lease sets a different time period, such as 24 hours. The notice may state the date it is delivered, the reason for the eviction, and indicate the amount of rent owed, if applicable, but this is not required by Texas law. The notice must:

1. State the number of days the tenant has to vacate; and
2. Indicate the tenant's "right to occupancy is being terminated."

There are several ways to deliver this notice. However, it is best to have proof that the tenant received the notice. The notice may be delivered:

1. To the tenant or any person over 16 years of age residing at the unit;
2. By certified, registered, or regular mail;
3. By attaching it to the inside of the front entrance door; or
4. By attaching it to the outside of the front door but only if:
   • There is no mailbox; and
   • The landlord cannot enter the unit because a dangerous animal, keyless deadbolt, or an alarm system prevents the landlord from entering.

Normally, a notice to vacate must be unequivocal and must demand only that the tenant move. However, Texas law allows a landlord to give a notice to vacate which states the tenant should pay rent or move if the landlord first gives a written notice or reminder to pay the rent.