How to Serve a Notice to Vacate in Texas

An educational overview of Texas Notice to Vacate requirements for landlords under Tex. Prop. Code § 24.005.

Educational Overview

This is a general educational overview of Texas Notice to Vacate requirements for landlords. It is not legal advice and does not apply to any specific situation. For guidance on your specific facts, consult a licensed Texas attorney.

What a Notice to Vacate Is Under Texas Law

Under Texas Property Code § 24.005, a landlord seeking to evict a tenant through a forcible detainer action in Justice of the Peace court must first give the tenant a written notice to vacate — a written demand that the tenant surrender possession of the premises. A landlord generally may not file a petition for forcible detainer until the statutory notice period has expired. The notice is a prerequisite to filing, not the eviction itself.

The Notice Period

Section 24.005 sets a default notice period of three days between the date the notice is given and the date the suit is filed, unless the parties have contracted otherwise in a written lease. Other provisions may also affect the period — Tex. Prop. Code § 91.001, federal law such as the CARES Act where applicable, local ordinances, and Senate Bill 38 (89th Legislature, effective January 1, 2026), which amended aspects of Chapter 24. Whether any of these apply to a given property and tenancy is a legal question.

Permitted methods of service under § 24.005(f-3)

Section 24.005(f-3), as amended by Senate Bill 38 (89th Legislature, Regular Session, effective January 1, 2026), provides that a notice required by § 24.005 must be delivered using at least one of the four methods below. Subsection (f-4) further provides that (f-3) does not apply if the tenant actually receives the notice. The statutory text controls.

  • Mail — Section 24.005(f-3) lists mail as a permitted method, including first class mail, registered mail, certified mail, or a delivery service.
  • Delivery to the inside of the premises, in a conspicuous place — Section 24.005(f-3) permits delivery to the inside of the premises, placed in a conspicuous location.
  • Hand delivery to a tenant 16 years of age or older — Section 24.005(f-3) permits hand delivery of the notice to any tenant of the premises who is 16 years of age or older.
  • Electronic communication, if the parties have agreed in writing — Section 24.005(f-3) permits service by electronic communication — including e-mail or other electronic means — when the parties have agreed in writing to use that method.

Common mistakes that can lead to dismissed cases

Published opinions and practitioner materials frequently flag the following recurring issues:

  • Using the wrong notice period (for example, assuming three days when the lease specifies a different period).
  • Omitting information required by § 24.005 or the lease.
  • Serving by a method that is not listed in § 24.005.
  • Serving the wrong party (for example, a subtenant or a person who does not reside at the premises).
  • Filing the eviction petition before the statutory notice period has fully expired.
  • Failing to retain proof of service (affidavit, certified mail receipt, photographs, or witness statement).
  • Accepting a partial payment in a way that may operate as a waiver of the notice, depending on the facts.

None of the above is a comment on any particular case. Whether a notice is defective is a legal question that turns on the facts, the lease, and the statute.

Scope & Disclosure

DFW Eviction Pros, LLC is not a law firm and does not provide legal advice. We represent landlords as authorized agents in Justice of the Peace court eviction proceedings under Texas Property Code § 24.011 and Tex. R. Civ. P. 500.4. This does not constitute the practice of law. Appeals to County Court and matters outside JP court jurisdiction require licensed attorney representation. For legal counsel, consult a licensed Texas attorney.

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Phone: (945) 998-0643 · Email: [email protected]

8080 N Central Expy, Suite 1700, Dallas, TX 75221 — Mon–Fri, 9:00 AM – 5:00 PM (by appointment only)

DFW Eviction Pros, LLC is not a law firm and does not provide legal advice. We represent landlords as authorized agents in Justice of the Peace court eviction proceedings under Texas Property Code § 24.011 and Tex. R. Civ. P. 500.4. Appeals and matters outside JP court jurisdiction require licensed attorney representation. For legal counsel, consult a licensed Texas attorney.