Many states have laws in place that require landlords to serve their tenants with a 3-Day Notice to Quit. The state of Texas is no exception regarding any rental unit or rental property.
Serving a 3-Day Notice to Quit gives the tenant two options: pay the rent that’s due or move out. If they don’t move out or pay rent within the notice period, you may continue with the eviction process.
Different states will have different procedures regarding what the Notice to Quit means. As a landlord, following the correct eviction procedure isn’t optional after a lease violation. It’s mandatory. If you don’t follow the right procedure, the eviction will fail and cost you a great deal in legal fees.
The following is everything you need to know about the 3-Day Notice to Quit in Texas.
What Is a 3-Day Notice to Quit?
A 3-Day Notice to Quit is a legal document that a landlord files and must serve to a tenant in order to initiate the eviction process for nonpayment of rent. According to Texas law, rent on the rental unit becomes late if it isn’t paid within 2 full days once it’s due.
When rent is late, you must give the tenant the 3-Day Notice to Quit to kick start the eviction process. Unlike some other states, you aren’t required to give the tenant an option to pay rent on the rental unit in order to avoid getting evicted. You may, however, choose to do so.
If the tenant doesn’t move out after notice expiration, you may proceed to court and file an eviction suit.
Laws to Follow When Serving a 3-Day Notice to Quit in Texas
When serving an eviction notice to a tenant, disregarding the law could turn out to be costly. As such, you need to know when and how to serve these Texas eviction notices.
As per Texas law, you must wait two days prior to charging your tenants a late fee. That being said, the law doesn’t have a similar requirement when it comes to serving the 3-Day Notice to Quit.
This means that you can serve eviction notices immediately the day after the rent becomes due. So, if the rent is due on the 1st of every month, then tenants must pay it on the 1st. It doesn’t matter where the due date will fall, either – whether it’ll be a holiday or a weekend.
If the tenant pays after the day of past due rent, it’s considered late. As such, you may be able to begin the eviction procedures immediately after the grace period ends.
Of course, it’s possible you may have a rental agreement that says otherwise. For instance, the Texas rental agreement may allow tenants to pay rent later after a grace period of a business day when the due date falls on a holiday or weekend. So, in such a case, you can only begin the eviction process if the tenant pays rent two business days later as per the lease agreement terms.
So, how should you serve an eviction notice to your tenant? Here’s how if you’re a Texas landlord:
- Hand delivery. You can personally give the texas eviction notice to the tenant. Alternatively, if you’re unable to do so, you may be able to hand it over to someone living at the rental premises aged at least 16 years
- Mail. You can mail a copy of the eviction notice to the tenant via registered mail, regular mail, or certified mail. Make sure to request a return receipt, however
- Posting it in a visible place. If you can enter the tenant’s premises legally, then you can post the notice on the inside of the front door. If you can’t, then you can post it on the outside of the front door. In case there is an alarm or dog that prevents you from doing so, you can post it on the front gate
These are the only ways in which a Texas landlord can serve an eviction notice to their tenant. If you don’t, the notice will be legally ineffective.
What to Include in the Eviction Notice
Texas eviction notices must include the following information:
- The day you served the written notice
- Your rental property’s name and address as it appears on the lease agreement
- The reason for serving the tenant notice, for example, nonpayment of rent
- A statement that says the tenant has only 3 days to move out and the final date they need to have moved out by
- A statement that you may pursue legal action if the tenant fails to move out after the result of the eviction suit
- A statement indicating which method you used to serve the tenant with the eviction notice
The Outcome of Serving a 3-Day Notice in Texas
Once you serve the renter a 3-Day Notice to Quit, there are two possible scenarios that may result. That is, the tenant obeys the notice and vacates the rental property, or they disregard it and continue living there and you can continue the eviction suit.
As per the Texas property code, if the tenant takes the first option, they can choose to move out or fix the violation. There are many factors that could determine how likely the tenant is to obey the notice. For example, it could involve their current financial situation and the fear of getting an eviction on their rental history.
If they take the second option, you can continue with their eviction notices at an appropriate Texas justice court. This is usually at the Justice of the Peace Court. This is the only way in which you may be able to successfully remove a tenant from your rental property.
Engaging in “self-help” eviction tactics will only get you in deep water legally. This includes tactics like shutting off the tenant’s utilities, locking them out of their rented premises, and/or removing the tenant’s property. Besides delaying the eviction process, the tenant can also sue you for damages resulting from the forcible entry.
If you win the eviction lawsuit against your tenant, the justice court will issue you with a Writ of Possession. This is a legal document that serves as the tenant’s final notice to move out.
Bottom Line
Serving a 3-Day Notice to Quit or notice to vacate in Texas is a procedure that must be handled with care. You must follow the specific guidelines or else risk having the eviction be ruled in your tenants’ favor.
If this seems overwhelming to you, consider hiring the services of a professional rental management company like McCaw Property Management! We can take care of all eviction matters legally and effectively. Additionally, if you have any issues with a lease agreement, marketing, managing unpaid rent, or any other aspect of rental management, we are here to help!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws frequently change, and this post might not be updated at the time of your reading. Please contact McCaw Property Management for any questions you have in regard to this content or any other aspect of your rental management needs.
FAQs
Notice to Vacate
- In person to the tenant or someone in the household who is 16 years of age or older.
- In person by affixing the notice to the inside of the main entry door.
- By regular mail, certified mail, or registered mail, with return receipt.
It's technically in writing; however, this is not going to work for an eviction. They can give you notice, but it doesn't mean you have to move out.
Is a notice to vacate an eviction Texas? ›
Before a landlord can start formal eviction proceedings, they must notify the tenant about the need to fix a certain problem or move out. This "notice to vacate" is required by Texas law before a tenant can be forced to leave.
Do you have to give a 30 day notice to vacate in Texas? ›
You must get written notice to vacate before the landlord can file a lawsuit to evict you. This notice to vacate must give you at least three days unless your lease allows for a shorter time.
How do you serve a notice? ›
Personal delivery. This means literally handing the notice to the tenant, in an envelope, addressed to them at the property. If you served the document personally before 4.30pm on a working day, then it will be deemed that the tenants were served notice on that day; or in any other case, on the next working day.
What is a motion to vacate order in Texas? ›
Another way to have a Default Judgment Vacated is by filing a Motion to Vacate Judgment. In Texas, this must be filed within 14 days of the judgment. Essentially, in a motion to vacate, you would be giving the Court a reason to set aside the judgment and keep the lawsuit active.
Is email sufficient for written notice? ›
Yes, email counts as written notice. Courts have held that an email is considered a written communication when it is sent with the intent to inform the other party of the contents of the communication.
What counts as written notice in Texas? ›
"Written notice" means notice given in accordance with § 55-248.6, including any representation of words, letters, symbols, numbers, or figures, whether (i) printed in or inscribed on a tangible medium or (ii) stored in an electronic form or other medium, retrievable in a perceivable form, and regardless of whether an ...
Can a tenant change their mind after giving notice Texas? ›
Giving your landlord notice of your intent to vacate a rental is binding and can't be unilaterally rescinded if you have a change of heart or circ*mstances. You will have to persuade your landlord to let you stay, which may be challenging, especially if the unit has already been marketed or rented again.
What is the fastest way to evict a tenant in Texas? ›
The only legal way to remove a tenant from a rental unit in Texas is for a landlord to win an eviction lawsuit (forcible entry and detainer suit) in court. Even after winning the lawsuit, it is illegal for a landlord to take self-help measures to remove the tenant.
Steps in the Eviction Process
An at-will tenant must be given at least 3 days' notice to vacate, according to Texas Property Code Section 94.005(b). If the tenant does not move out in the time specified in the notice to vacate, the next step is to file an eviction suit in justice court.
What are my legal rights as a tenant in Texas? ›
Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.
What is a 3-day notice to vacate non compliance in Texas? ›
The Texas 3-day notice to quit for non-compliance is a letter used to inform a tenant that they are required to vacate the rental premises within three (3) days or face eviction (a forceable detainer). A landlord can issue the notice when a tenant has breached the lease agreement in some fashion.
Can you pay rent after notice to vacate Texas? ›
The state of Texas is no exception regarding any rental unit or rental property. Serving a 3-Day Notice to Quit gives the tenant two options: pay the rent that's due or move out. If they don't move out or pay rent within the notice period, you may continue with the eviction process.
What is a 10 day notice to vacate in Texas? ›
This 10-Day Notice to Vacate may be used by a landlord in Texas to notify a residential tenant in default under their lease that if the tenant does not vacate the premises within 10 days, the landlord will bring an eviction action and seek attorneys' fees from the tenant.
How long do you have to serve notice? ›
If you've been in your job for more than 1 month, you must give at least 1 week's notice. It's best to resign in writing, so there's no argument about when you did it.
What is the best way to give notice? ›
Leave on a high note.
- Review your employee handbook or contract. ...
- Tell your boss first. ...
- Plan what you'll say—and keep it simple. ...
- Prepare to answer follow-up questions and talk about next steps. ...
- Have an end date in mind. ...
- Consider writing a letter of resignation. ...
- Tell close coworkers and mentors personally.
Here are our tips on giving notice.
- You have to resign. Handing in your notice can be stressful. ...
- DO put it in writing. ...
- DON'T tell your boss last. ...
- DO be straight to the point. ...
- DON'T disappear. ...
- DO be professional. ...
- DON'T leave anyone in the lurch. ...
- Handing in notice during furlough.
A notice means the other side is dismissing their own case. A motion means they want to dismiss the other sides case.
What is a motion to enforce standing order in Texas? ›
A standing order is a court order. You could be held in contempt of court if you violate a court order. A party can file a motion to enforce a standing order if the other party violates it. Talk to a lawyer about the consequences of violating a standing order.
To ask a court to set aside (cancel) a court order or judgment, you have to file a “request for order to set aside,” sometimes called a “motion to set aside” or “motion to vacate.” The terms “set aside” or “vacate” a court order basically mean to “cancel” or undo that order to start over on a particular issue.
Can a text message be considered written notice? ›
This is the case for written contracts, digital legal documents, or agreements over text, email, or other forms of communication. As long as these conditions are met, text messages and other forms of electronic communication are considered legally enforceable contracts in court.
Does your notice have to be typed? ›
Most companies accept all types of resignation letters, including printed letters and emails. However, giving your supervisor your letter in person can feel more personal and may improve your relations with that employer. Consider typing your letter, printing it and giving it to the recipient personally.
Do email agreements hold up in court? ›
Most people realize that the law generally requires a written, signed agreement for a transaction to be legally binding. What most people do not realize, however, is that an email exchange can also satisfy the legal requirements and collectively constitute a binding contract.
What are the 3 requirements of a valid notice? ›
Normally it will be sufficient if:
- you have complied with the requirements for that type of notice, as set out in the Act;
- you have acted reasonably in serving the notice;
- the wording of the notice is sufficiently clear. ...
- the notice is properly served.
No. Text message, email, and voicemail are not appropriate ways to deliver an eviction notice in Texas. If a landlord gives notice in one of these manners, it can cause the landlord to lose an eviction case. Texas law states that the eviction notice must be given in writing and delivered following strict procedures.
Does Texas have a notice statute? ›
A notice statute protects a subsequent purchaser who acquires an interest in property without notice of a prior unrecorded conveyance. Therefore, if A acquires land without notice of any prior conveyances, actual or constructive, A acquires superior title.
Do you have to give 60 days notice at the end of a lease in Texas? ›
If there is a written lease, it may say how far in advance a tenant needs to notify the landlord before they can move out of the apartment. Texas law does not say how much notice must be given to a landlord if the lease is not a month-to-month lease.
How do I serve an eviction notice in Texas without a lease? ›
If there is no lease, a Texas landlord can evict a tenant without providing a reason. Simply give notice to vacate, and follow eviction proceedings if the tenant fails to leave. When there is a verbal agreement but no written lease, whatever terms specified verbally must still be honored.
