Texas Eviction Notice Law
Texas's notice period for unpaid rent is 3 days (Notice to pay rent or vacate (a notice to vacate is allowed only if the tenant was late before the month of the notice)). For a lease violation it is 3 days, with no statutory chance to cure.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Not legal advice. A defective notice can restart an eviction case; ask a Texas attorney or court self-help center before serving one. See our disclaimer.
Texas eviction notice rules at a glance
| Notice for unpaid rent | 3 days (Notice to pay rent or vacate (a notice to vacate is allowed only if the tenant was late before the month of the notice))Tex. Prop. Code § 24.005(a), (f-3), Tex. Prop. Code § 24.0042 (computation of time), S.B. 38, 89th Leg., R.S. (2025), enrolled |
|---|---|
| Notice for a lease violation | 3 days (no statutory cure period)Tex. Prop. Code § 24.005(a) |
| Ending a month-to-month tenancy (no-fault) | 30 days (either side)Tex. Prop. Code § 91.001 |
Notice for unpaid rent
- In effect since .
- Before : For suits filed before Jan. 1, 2026, § 24.005(a) required a 3-day written notice to vacate (unless the lease set a different period) with no pay-or-vacate requirement; delivery was governed by former subsections (f)–(i), repealed by S.B. 38.
What Texas law says
What notice must a Texas landlord give before filing an eviction for unpaid rent?
For nonpayment, a landlord must give at least 3 days' written notice before filing, and if the tenant was not late before that month the notice must be a notice to pay rent or vacate, unless the lease sets a different period (Tex. Prop. Code § 24.005(a)) (Tex. Prop. Code § 24.005(a), (f-3)).
How much notice is required for a lease violation in Texas?
For other lease defaults, a landlord must give at least 3 days' written notice to vacate before filing an eviction suit, unless the lease sets a different period, and Texas law gives no right to cure (Tex. Prop. Code § 24.005(a)).
How much notice ends a month-to-month tenancy in Texas?
Either party can end a month-to-month tenancy with at least one month's notice, unless both signed an agreement setting a different notice period (Tex. Prop. Code § 91.001).
How Texas compares
No verified jurisdiction uses a shorter unpaid-rent notice.
None of Texas's 4 neighbors follows the same rule.
| Unpaid rent · lease violation | States |
|---|---|
| 3 days · 3 days | Texas |
| 3 days · 14 days, with cure | Arkansas |
| 5 business days · 5 days | Louisiana |
| 3 days · 7 days, with cure | New Mexico |
| 5 days · 15 days, with cure | Oklahoma |
Local rules in Texas
State law provides for city rent control only temporarily after a declared disaster with the governor's approval (Tex. Loc. Gov't Code § 214.902); no local rent-control ordinance was found. Since Sept. 1, 2023, cities and counties may not regulate in fields occupied by the Property Code, expressly including local rules that restrict or delay eviction notices or suits (Prop. Code § 1.004, H.B. 2127). Some cities have pre-2008 ordinances on 24-hour emergency phone numbers that are preserved if they conform to Prop. Code § 92.020, and cities may add enforcement of the ownership-disclosure rules (§ 92.208). Since Jan. 1, 2026, courts may not adopt local eviction rules that require extra petition content, pre-trial mediation or conferences, or dismissal of curable petitions (§ 24.00506).
Recent changes in Texas
- Sheriff removal of squatters from homes (effective ): An owner or agent may file a sworn complaint asking the sheriff or constable to immediately remove a person who entered and occupies a dwelling without consent, if the person is not a current or former tenant or immediate family member and there is no pending litigation between them; tenants (even holdovers) still require a regular eviction suit (Tex. Prop. Code ch. 24B). Tex. Prop. Code §§ 24B.001-24B.002, S.B. 1333 bill history (signed 6/20/2025, effective 9/1/25), S.B. 1333 enrolled text
Other Texas rules
| Security deposit limit | No state capTex. Prop. Code §§ 92.101–92.113 (no amount cap) |
|---|---|
| Deposit return deadline | 30 days after move-outTex. Prop. Code § 92.103(a), Tex. Prop. Code § 92.107, Tex. Prop. Code § 92.1041 (mailbox presumption) |
| Late-fee cap | Safe harbor: up to 12% of monthly rent for a dwelling in a structure with 4 or fewer units, up to 10% for a structure with more than 4 units; a higher fee is allowed only if it does not exceed the landlord's uncertain damages from late payment. Initial plus daily fees count together as one fee.Tex. Prop. Code § 92.019(a-1), (b) |
| Entry notice | No state ruleTex. Prop. Code ch. 92 (no entry-notice provision) |
| Rent-increase notice | No state ruleTex. Prop. Code chs. 91–92 (no rent-increase notice provision) |