Texas Eviction Notice (2026)

Notice to pay rent or quit, cure a violation or vacate — with your state's exact notice period, statutory wording, day counting and service rules.

Updated September 2026≈ 6 minReviewed against Tex. Prop. Code § 24.005 · 15 U.S.C. § 9058

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What you'll get

Sample first page of the Eviction Notice. Your answers fill in the blanks; the clauses required in Texas are added automatically.

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What this document covers

Reason: nonpayment, lease violation or unconditional quit
State notice period and day counting
Tenants, occupants and premises
Amount past due and rental periods
Where, when and how rent may be paid
Description of the violation and how to cure
Statutory wording and bold notices your state requires
CARES Act 30-day rule for covered properties
Method of service permitted in your state
Proof of service for the court

Texas rules that this document follows

Nonpayment of rent	3 days — 3-Day Notice to Pay Rent or Vacate (SB 38: pay-or-vacate form for a first delinquency)Source: Tex. Prop. Code § 24.005(a) (as amended by SB 38, eff. 1/1/2026)
Lease violation	3 days — no statutory right to cureSource: Tex. Prop. Code § 24.005(a)
Unconditional quit	3 days — Any holdover, nonpayment, or breach — notice to vacate is unconditional unless the lease requires an opportunity to cureSource: Tex. Prop. Code § 24.005
Permitted service methods	Hand delivery to the tenant or an occupant 16 or older; Affixing to the INSIDE of the main entry door; Mail (regular, registered, certified, or commercial delivery service); Electronic delivery (only if the lease authorizes it)Source: Tex. Prop. Code § 24.005(f)–(f-4) (as amended by SB 38, eff. 1/1/2026)
Required content	Notice to vacate must be in writing, identify the Premises and the date by which the tenant must vacate. For a first nonpayment delinquency SB 38 (2025) requires a notice giving the tenant the option to pay or vacate. Delivery: hand delivery to the tenant or an occupant 16 or older, mail (including commercial delivery), affixing to the inside of the main entry door, or electronic delivery if the lease authorizes it (§ 24.005(f)–(f-4)); outside-door posting is no longer a listed method. If the lease requires a separate notice of default before the notice to vacate, both must be given.
CARES Act note	Under Tex. Prop. Code § 24.005(c-1) (SB 38, eff. 1/1/2026) a landlord of a CARES Act-covered property may file after the state notice period expires; the federal 30-day period delays issuance of the writ of possession, not the filing. This generator still prints a 30-day notice when the CARES box is checked because the federal notice content is required either way.Source: 15 U.S.C. § 9058(c)
Statute	Tex. Prop. Code Ch. 24 (Forcible Entry and Detainer); Tex. R. Civ. P. 510

Rules current as of 2026-10-27. Statutes change; verify before relying on them.

How to use this Eviction Notice in Texas

Serve the notice exactly as Texas law allows and count the days from the day of service — the deadline is the first thing a judge checks; this generator does the counting for you. Do not include late fees in a pay-or-quit amount unless your state permits it. If the tenant pays the full amount in time, the notice is satisfied.

Keep a copy of the notice and the signed proof of service; you will attach both to the court complaint if the tenant does not comply.

Guide: How to Serve an Eviction Notice in Texas (2026) →

Frequently asked questions

How many days' notice for nonpayment of rent in Texas?

3 days (3-Day Notice to Pay Rent or Vacate (SB 38: pay-or-vacate form for a first delinquency)), Tex. Prop. Code § 24.005(a). Properties covered by the CARES Act require at least 30 days.

How must the notice be delivered?

Hand delivery to the tenant or an occupant 16 or older; Affixing to the INSIDE of the main entry door; Mail (regular, registered, certified, or commercial delivery service); Electronic delivery (only if the lease authorizes it). Tex. Prop. Code § 24.005(f)–(f-4). Keep the completed proof of service — the court will ask for it.

Can I change the locks or shut off utilities instead?

No. Self-help eviction is illegal in every state and exposes the landlord to damages. After the notice period expires you must file an eviction case in court.

Other names

notice to quit
pay or quit notice
3 day notice
notice to vacate
eviction letter
notice to cure or quit
late rent notice
demand for possession

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.