Texas · Notice to Vacate Requirements
Texas Notice to Vacate: 3 days Pay-or-Quit, 30 days (month-to-month) or per lease terms No-Fault
Texas law (Tex. Prop. Code § 24.005) requires landlords to give at least 3 days' written notice to vacate before filing an eviction (forcible entry and detainer) suit, for any reason, including non-payment of rent. Texas has no statewide just cause eviction requirement. Month-to-month tenancies can be terminated by either party with at least one month's advance notice, or whatever period is specified in the lease.
Texas requires only a 3-day notice to vacate before filing for eviction, one of the shortest timelines in the country, with no statewide just cause requirement.
Pay-or-quit notice
3 days
Tex. Prop. Code § 24.005
Cure notice (violation)
3 days (notice to vacate; Texas doesn't require a separate cure notice)
No-fault / termination
30 days (month-to-month) or per lease terms
Important: Texas has no statewide just cause requirement. Landlords may terminate month-to-month tenancies with 1 month's notice (or the lease-specified period). If the lease has no term, notice must be at least as long as the rent payment period.
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Texas Notice to Vacate FAQs
How much notice is required to vacate in Texas?▾
3 days' written notice to vacate before an eviction suit can be filed, for any reason. For month-to-month terminations, one month's notice (or the period between rent payments, whichever is longer). Tex. Prop. Code § 24.005.
Does Texas require just cause to evict a tenant?▾
No. Texas has no statewide just cause eviction requirement. Landlords can terminate tenancies at will with proper notice, provided they are not doing so for a discriminatory or retaliatory reason prohibited by federal or Texas fair housing law.
Do I need a lawyer to serve a notice to vacate?▾
Not required, but recommended for complex situations. Eviction (Justice Court) proceedings in Texas are designed to be accessible without an attorney.
What happens if a tenant stays after a Texas vacate notice?▾
After the 3-day notice period, the landlord can file an eviction suit in Justice Court (small claims). Texas eviction proceedings are among the fastest in the country, hearings are typically scheduled within 10-21 days of filing.
Notice to vacate requirements by state
Eviction notice requirements change frequently. Verify current rules in your jurisdiction before serving. kweldoc is a document drafting tool, not a law firm.