The Notice to Vacate is the first legal step in a Texas eviction, and it is a step the landlord — not the attorney — is responsible for. Texas Property Code § 24.005 sets the rules, and Justice Courts enforce them strictly. A defective notice is the single most common reason we see cases dismissed or reset at the initial hearing.
Who sends it
The Notice to Vacate is served by the landlord, the property manager, or another authorized agent before the case is filed. When a landlord retains counsel, our first job is to review the notice that was already given and confirm it meets the statutory requirements — timing, content, and delivery method — before we file the eviction petition.
How much time the notice must give
For non-payment of rent, the default period is three days, unless the written lease clearly shortens or lengthens that period. Month-to-month tenancies terminated without cause require at least 30 days' notice. Read the lease first — many portfolio leases modify the default.
Approved delivery methods
§ 24.005(f) allows personal delivery to the tenant, delivery to any person over 16 at the premises, or affixing the notice to the inside of the main entry door. Mailed notice by regular mail, registered mail, or certified mail with return receipt is also permitted, and adds days to the count depending on how it is sent.
What to document
Photograph the posted notice on the door with a time-stamped image, save the certified-mail receipt, and log who delivered the notice and when. Justice Courts routinely ask for this proof, and clean documentation is what turns a contested hearing into a five-minute matter.
Common mistakes to avoid
Filing before the notice period has expired, using an incorrect notice period from a template drafted for another state, and relying on email or text message alone are the three errors we see most often. Any of them will typically send the case back to the beginning.
This article is general educational information about Texas law and is not legal advice for any specific matter.