Tex. Prop. Code Ann. §§ 24.001–24.011 § 24.005
NOTICE REQUIRED BEFORE FILING CERTAIN EVICTION SUITS.
Operative Text
Sec. 24.005. NOTICE REQUIRED BEFORE FILING CERTAIN EVICTION SUITS. (a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. In a forcible detainer suit against a tenant whose right of possession is terminated based solely on nonpayment of rent and who was not late or delinquent in paying rent to the landlord before the month in which the notice is given, written notice under this section shall be given in the form of a notice to pay rent or vacate. In a forcible detainer suit against a tenant whose right of possession is terminated based on nonpayment of rent and who was late or delinquent in paying rent to the landlord before the month in which the notice is given, written notice under this section may be given in the form of either a notice to pay rent or vacate or a notice to vacate. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001.(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days' written notice to vacate before the landlord files a forcible detainer suit unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease and the tenant timely pays rent and is not otherwise in default under the tenant's lease after foreclosure, the purchaser must give a residential tenant of the building at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease. The tenant is considered to timely pay the rent under this subsection if, during the month of the foreclosure sale, the tenant pays the rent for that month to the landlord before receiving any notice that a foreclosure sale is scheduled during the month or pays the rent for that month to the foreclosing lienholder or the purchaser at foreclosure not later than the fifth day after the date of receipt of a written notice of the name and address of the purchaser that requests payment. Before a foreclosure sale, a foreclosing lienholder may give written notice to a tenant stating that a foreclosure notice has been given to the landlord or owner of the property and specifying the date of the foreclosure.(c) If the occupant is a tenant of a person who acquired possession by forcible entry, the landlord must give the person at least three days' written notice to vacate before the landlord files a forcible detainer suit.(c-1) If a federal law or rule requires a landlord to give notice to a tenant before the landlord requires the tenant to vacate the premises:(1) a landlord that satisfies the notice requirements of this section is not required to delay the filing of an eviction suit based on the federal requirement;(2) the federal requirement is not a basis for a court to delay or abate the conduct of the eviction suit; and(3) a writ of possession may not be served on the tenant until the period between the delivery of the notice under this section and the service of the writ equals or exceeds the period prescribed by the federal requirement.(d) In all situations in which the entry by the occupant was a forcible entry under Section 24.001, the person entitled to possession must give the occupant oral or written notice to vacate before the landlord files a forcible entry and detainer suit. The notice to vacate under this subsection may be to vacate immediately or by a specified deadline.(e) If the lease or applicable state or federal law or rule requires a landlord to give a tenant an opportunity to respond to a notice of proposed eviction before filing an eviction suit:(1) the notice period in a notice to pay rent or vacate or notice to vacate under Subsection (a) may, at the landlord's discretion, run concurrently with the period provided for the tenant to respond to the notice of proposed eviction; and(2) the notice to pay rent or vacate or notice to vacate may include the required opportunity to respond to the notice of proposed eviction.(f) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.(f-1) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.(f-2) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.(f-3) A notice required by this section must be delivered using at least one of the following methods:(1) mail, including first class mail, registered mail, certified mail, or a delivery service;(2) delivery to the inside of the premises, in a conspicuous place;(3) hand delivery to any tenant of the premises who is 16 years of age or older; or (4) if the parties have agreed in writing, electronic communication, including e-mail or other electronic means.(f-4) Subsection (f-3) does not apply if the tenant actually receives the notice.(g) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.(h) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.(i) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026. Acts 1983, 68th Leg., p. 3515, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 688, Sec. 3, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1205, Sec. 2, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 1, eff. January 1, 2016.Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 3, eff. January 1, 2026.Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 4, eff. January 1, 2026.Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.
Texas Property Code § 24.005 establishes the written notice a landlord must deliver to an occupant before filing a forcible detainer (eviction) lawsuit. In most situations involving a tenant under a lease or rental agreement, at least three days' written notice to vacate is required, though the parties may agree in writing to a shorter or longer period. The form of that notice—whether a "pay or vacate" notice or a straight vacate notice—depends on the tenant's prior payment history, and special rules apply after foreclosure sales, for tenants at will, and when federal law imposes its own notice requirements.
Plain English — not legal advice.
Operators subject to Tex. Prop. Code § 24.005 generally ensure that a properly worded written notice to vacate is delivered to the tenant before any forcible detainer suit is filed, using one of the delivery methods the statute recognizes—such as first-class or certified mail, conspicuous posting inside the premises, hand delivery to a tenant 16 or older, or electronic communication if the parties have agreed to that method in writing. Compliant operators also track whether a tenant has a prior late-payment history, because that history determines whether a "pay or vacate" notice or a straight vacate notice is appropriate. When a property is acquired through a tax or trustee foreclosure sale, purchasers who do not intend to continue an existing lease must provide at least 30 days' written notice to residential tenants who have been paying rent on time.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Tex. Prop. Code § 24.005, a tenant generally has the right to receive written notice to vacate before a landlord can file an eviction lawsuit, and the absence of proper notice—or notice delivered by a method not authorized by the statute—can be raised as a procedural issue in the eviction proceeding. Tenants whose only default is nonpayment of rent and who had no prior late-payment history are entitled to a "pay or vacate" notice, giving them the opportunity to cure before the suit is filed. Tenants who believe the required notice was not properly given may wish to document the circumstances, consult a local tenant-rights organization, or seek guidance from a legal aid provider familiar with Texas eviction procedure.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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