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How much notice does a landlord have to give for unpaid rent in Texas?
Short answer
At least 3 days' written notice to vacate before filing an eviction suit, unless the lease sets a different period
Notice: At least 3 days before filing an eviction (forcible detainer) suit, unless the written lease sets a shorter or longer period
Before filing an eviction (forcible detainer) suit against a tenant who defaults or holds over, give at least three days' written notice to vacate, unless the written lease sets a shorter or longer period. For nonpayment by a tenant who was not late before that month, the notice must be a notice to pay rent or vacate.
"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" tcss.legis.texas.gov
"written notice under this section shall be given in the form of a notice to pay rent or vacate." tcss.legis.texas.gov
At least 3 days' written notice to vacate before filing an eviction suit, unless the lease sets a different period Verified
Deadline: At least 3 days before filing an eviction (forcible detainer) suit, unless the written lease sets a shorter or longer period
Before filing an eviction (forcible detainer) suit against a tenant who defaults or holds over, give at least three days' written notice to vacate, unless the written lease sets a shorter or longer period. For nonpayment by a tenant who was not late before that month, the notice must be a notice to pay rent or vacate.
"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" tcss.legis.texas.gov
"written notice under this section shall be given in the form of a notice to pay rent or vacate." tcss.legis.texas.gov
Notes: Tex. Prop. Code 24.005 (current text including the 2025 amendments). A holdover suit must also follow the month-to-month termination rule in 91.001. Delivery methods are set out in 24.005; check them before serving notice.
Last verified 2026-10-21 · Confidence: high · Status: verified · Report a correction