How to Serve an Eviction Notice in Texas (2026): Notice Periods, Delivery Rules and What Happens Next
Texas moves fast: three days from delivery of the notice to the courthouse door, and the justice court can set a hearing within two weeks. The flip side is that Texas judges dismiss cases over notices that were worded or delivered wrong, and since January 1, 2026 (SB 38) the rules on delivery and on first-time nonpayment changed. This guide walks through the current procedure.
1. Pick the right notice
| Situation | Notice | Period | Statute |
|---|---|---|---|
| Rent not paid | 3-Day Notice to Pay Rent or Vacate (SB 38: pay-or-vacate form for a first delinquency) | 3 calendar days | Tex. Prop. Code § 24.005(a) |
| Lease violation | 3-Day Notice to Vacate | 3 calendar days — no right to cure | Tex. Prop. Code § 24.005(a) |
| Unconditional quit | Any holdover, nonpayment, or breach — notice to vacate is unconditional unless the lease requires an opportunity to cure | 3 days | Tex. Prop. Code § 24.005 |
Lease may shorten or lengthen the period; CARES Act properties require 30 days. No statutory right to cure unless the lease provides one.
2. What the notice must say
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.
3. Serve it the way the statute allows
Permitted methods in Texas (Tex. Prop. Code § 24.005(f)–(f-4) (as amended by SB 38, eff. 1/1/2026)):
- 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)
Write down the date, time, method and the name of anyone you handed it to — that becomes the proof of service the court will ask for. If a method involves mailing, keep the receipt.
4. Count the days correctly
Count calendar days, starting the day after service. If the last day lands on a weekend or holiday, the safe practice is to wait until the next business day before filing. 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.For properties with a federally backed mortgage or federal subsidy the CARES Act requires 30 days' notice for nonpayment regardless of the state period.
5. What trips landlords up in Texas
- Posting the notice on the outside of the door. SB 38 removed it from the list. Inside the main entry door, hand delivery, mail or (if the lease allows) electronic delivery — nothing else.
- Using a plain "notice to vacate" for a first missed rent payment. Since 2026 a first nonpayment delinquency requires a notice that gives the tenant the option to pay or vacate; a vacate-only notice for that situation is defective.
- Adding late fees to the pay-or-vacate amount. Demand rent; late fees belong in the lawsuit, not the notice.
- Ignoring the lease. A Texas lease may require a separate notice of default before the notice to vacate, or set a longer period than three days. If it does, both apply.
- Changing the locks or cutting utilities. Texas allows a limited lockout for nonpayment under § 92.0081 only with the exact notices that section requires and a key available at all hours — it is not a substitute for eviction and is the fastest way to owe the tenant a penalty.
6. After the deadline
If the deadline passes, file a forcible detainer petition in the justice court of the precinct where the property is. Filing fees are around $50–$150 depending on the county, the constable serves the tenant, and the hearing is set 10–21 days out. Bring the notice, the proof of service and the lease. A judgment for possession becomes enforceable after a five-day appeal window, when the constable executes the writ of possession.
Generate the notice
Our Texas eviction notice picks the period and the statutory wording for the situation you choose, counts the deadline for you, and adds the proof-of-service block. A watermarked preview is free; the clean PDF and Word file are $19.
Related: eviction notice periods in all 50 states · late fee caps by state · security deposit limits by state.
Questions
Do I have to give a Texas tenant a chance to pay?
For a first nonpayment in a tenancy, yes — SB 38 requires the notice to offer pay-or-vacate. Beyond that, Texas does not give a statutory right to cure; the lease may.
Does the three-day period include weekends?
Yes. Texas counts calendar days from the day the notice is delivered. If the last day falls on a weekend the tenant still has until that day; the safe practice is to wait one extra day before filing.
What if the property has a federally backed mortgage?
The CARES Act 30-day notice applies to nonpayment. Under § 24.005(c-1) as amended you may file after the state period, but the writ of possession will not issue until the 30 days have run, so serve the 30-day notice up front.
How current is this guide?
Reviewed September 2026. The periods, delivery methods and citations come from the dataset our Texas eviction notice generator enforces; the commentary is ours. Statutes change — verify the cited section before relying on it.
General information about Texas statutes, not legal advice; FormsByState is not a law firm. Eviction law changes often and local ordinances add rules — verify the cited sections for your situation.