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Frequently Asked Questions

What is a Lease Notice?A lease notice is how a landlord or tenant gives notice to the other party of such matters like breaches in the terms of the lease or demanding some form of remedy. However, it can also be used for something simple such as providing a notice the party intends to end the lease.

Example of lease notices are: Notice to repair, notice of intent to vacate, notice of termination,Which landlord notice should be used?Landlord Forms

Notice to quit is used where a Tenant has:
a. failed to pay their rent within the required time after it was due
b. caused serious damage to premises
c. violence or threats to health, safety of property and other Tenants
d. illegal activities on Premises such as drugs or prostitution

Notice of Lease Violation is used where a Tenant has failed to comply with the Landlord's rules or breached a term of the Lease. The Landlord is giving the Tenant notice to remedy the violation within the notice period. The Landlord may choose to terminate the Lease if the violation is not remedied OR to remedy the violation itself at the Tenant's expense.

Notice of Termination is used where the Landlord wishes to terminate a periodic tenancy (e.g. month to month Lease) or the Lease requires advance notice to terminate the Lease. (e.g. fixed term lease)

Demand for Possession can be used where a Tenant has been previously given a Notice of Lease Violation or the Notice to Quit (for non-payment of rent and where the Landlord has not yet terminated the Lease).

Notice of Rent Increase is used where a Landlord wishes to increase the rent charged on the Premises.

Notice to Pay Rent is used where a Tenant has failed to pay their rent when it was due.

Landlord Forms

Notice to Repair is used when the Tenant wants to give notice to the Landlord that the Landlord is breaching a term of the Lease or the state legislation in that it is not properly maintaining the Premises.

Notice of Intent to Vacate is used when the Tenant (under a fixed term) wants to give notice to the Landlord that the Tenant plans to vacate the Premises at the end of the notice period.

Notice of Termination is used when the Tenant wants to give notice to the Landlord that the Tenant has elected to terminate a Lease with a periodic tenancy or for various reasons such as Landlord failed to repair the Premises within a reasonable time after a Notice to Repair was delivered on the Landlord; death of one of the Tenants; Tenant is a military personnel; or Tenant moving to seniors' home.What is an Eviction Notice?An eviction notice is how a landlord gives notice to a tenant to vacate a certain property.

Examples of eviction notices would be Notice to Quit, Notice to Pay or Quit, Notice of Termination, Notice of Lease Violation, Demand for Compliance and Demand for Possession. Does a landlord need ‘just cause’ to evict a tenant?In some jurisdictions, landlords can evict a tenant without cause. In other jurisdictions, the law requires landlords to have ‘just cause’ such as nonpayment of rent or damaging the property.What is a Notice to Quit?Notice to quit is used where a Tenant has:
a. failed to pay their rent within the required time after it was due
b. caused serious damage to premises
c. violence or threats to health, safety of property and other Tenants
d. illegal activities on Premises such as drugs or prostitution
Notice of Lease Violation is used where a Tenant has failed to comply with the Landlord's rules or breached a term of the Lease. The Landlord is giving the Tenant notice to remedy the violation within the notice period. The Landlord may choose to terminate the Lease if the violation is not remedied OR to remedy the violation itself at the Tenant's expense.Notice of Termination is used where the Landlord wishes to terminate a periodic tenancy (e.g. month to month Lease) or the Lease requires advance notice to terminate the Lease. (e.g. fixed term lease)Periodic tenancy means that the lease does not state a specific end date. Instead, the lease runs and is automatically renewed from week-to-week, month-to-month, or year-to-year. In most jurisdictions, if a fixed term lease expires but you continue to allow the tenant to live in the premises, then the lease may become a periodic tenancy.Demand for Possession can be used where a Tenant has been previously given a Notice of Lease Violation or the Notice to Quit (for non-payment of rent and where the Landlord has not yet terminated the Lease).Notice of Rent Increase is used where a Landlord wishes to increase the rent charged on the Premises.Notice to Pay Rent is used where a Tenant has failed to pay their rent when it was due.Notice to Repair is used when the Tenant wants to give notice to the Landlord that the Landlord is breaching a term of the Lease or the state legislation in that it is not properly maintaining the Premises.Notice of Intent to Vacate is used when the Tenant (under a fixed term) wants to give notice to the Landlord that the Tenant plans to vacate the Premises at the end of the notice period.Notice of Termination is used when the Tenant wants to give notice to the Landlord that the Tenant has elected to terminate a Lease with a periodic tenancy or for various reasons such as Landlord failed to repair the Premises within a reasonable time after a Notice to Repair was delivered on the Landlord; death of one of the Tenants; Tenant is a military personnel; or Tenant moving to seniors' home.


Your Eviction Notice

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NOTICE TO PAY OR QUIT

NOTICE TO: ________________, TENANT in possession and all others:

TAKE NOTICE THAT:

  1. Pursuant to a written lease dated July 7, 2024 you are obligated to pay certain rents on the premises described as: _________________________ (the "Premises"), of which you now hold possession.
  2. You are late in the payment of rents totaling $0.  This rent was due on July 7, 2024 and relates to ____________.
  3. You are hereby required to PAY the said rents, in full, to the  landlord, or its agents, within ______________________ after service of this notice.
  4. Payment is to be made by cash.
  5. Payment is to be made in person between the hours of _______________________ to the following address: __________________.
  6. If you fail to pay the above mentioned rent within the time period mentioned above, the tenancy will be forfeited at the end of that said time period and you must vacate and surrender the Premises to the Landlord by 12 noon on July 7, 2024.

THIS NOTICE TO PAY RENT IS GIVEN PURSUANT TO THE APPLICABLE LAWS OF THE STATE OF TEXAS AND IN NO WAY IMPAIRS OR LIMITS ANY OF THE OTHER REMEDIES OR RIGHTS THAT THE LANDLORD MAY HAVE UNDER THE LEASE OR UNDER THE SAID LAWS.

Issued on: _____ day of ____________, _______

___________________________________
Landlord's Name:_______________


_________________________________________
Contact Address


PROOF OF SERVICE

I, the undersigned, AFFIRM AND DECLARE under penalty of perjury that:

  1. I am at least 18 years of age.
  2. I served a true copy of this Notice to Quit, on ________________ (the Tenant") as follows:

[   ] On _______________ ____, 20___  I personally handed this Notice to Quit to ________________, the Tenant.


[   ] On _______________ ____, 20___  I sent by   [    ] first class   [   ] certified   [   ] registered  mail a true copy of this Notice to Quit to the Tenant's address for service provided in the Lease.  Certified/Registered item# _________________________.


[   ] On _____________________________________________________________________________
_____________________________________________________________________________      

SWORN BEFORE ME at the city of ________________,  in the State of Texas this
_____ day of ____________, _______

 

_______________________________________
A Commissioner of Oaths in and for
The State of Texas
My Commission Expires __________.

_______________________________
Landlord: ____________

Last updated February 8, 2023

Eviction Notices in Texas

When a tenant fails to pay rent or violates their lease terms—or if a landlord needs to end a lease that might otherwise renew—the landlord must send a legal notice to the tenant.

Quickly generate a document that suits your needs with LawDepot’s Eviction Notice template. Simply answer a series of questions to customize your notice form and we’ll provide helpful information along the way. Use the editor to make final changes as needed, then print or download your copy in minutes.

An Eviction Notice is also known as a:

  • Notice to Vacate
  • Notice of Non-Renewal
  • Move-out Notice
  • Notice to Pay Rent or Quit
  • Notice of Lease Violation
  • Notice of Termination

How long does the eviction process take in Texas?

The time it takes to evict a tenant in Texas varies depending on the situation. 

When starting an eviction lawsuit, the landlord must meet standards set by the Texas Property Code, the Federal CARES Act (if the property or its owner qualifies), and any local laws that may apply to the property in question. 

So, considering all the steps that need to take place, the eviction process can take several weeks:

  1. Landlord sends written notice (usually at least three or 30 days) 
  2. Landlord files for an eviction suit (hearing occurs at least 10 days later)
  3. Court issues a judgment (five days of inaction for parties to appeal)
  4. Tenant appeals (if applicable, the hearing occurs at least eight days later)
  5. Court issues a Writ of Possession (24 hours of notice before the constable executes the writ and removes the tenant’s items from the property)

A landlord may evict a tenant for many reasons, as long as it’s not to punish the tenant for exercising a right. Although the landlord doesn’t need to explain the reason, it’s typically best practice to do so. 

Valid reasons for eviction in Texas include:

  • Occupying the property for longer than agreed (i.e., a holdover tenant)
  • Threatening or making others feel unsafe 
  • Violating the Lease Agreement
  • Conducting illegal activity on the property
  • Taking the property off the rental market
  • Making the property fit for habitation

In contrast, the following are not valid reasons for eviction:

How much notice do I need to give a tenant in Texas?

When a fixed term is ending, minimum notice periods vary depending on the term length:

  • In a fixed-period rental, no notice period is needed as the rental ends on the last day of the lease. 
  • For a weekly rental, a party must give at least seven days’ notice to terminate.
  • For monthly and yearly rentals, a party must give at least one month’s notice to terminate. 

For most other situations, three days is the typical requirement. Shorter notice periods are acceptable only if both parties agree to them in writing, such as in the Lease Agreement.

Does an Eviction Notice need to be notarized in Texas?

No, Texas laws do not require landlords to notarize Eviction Notices. However, there is a strict procedure for writing, serving, and filing the Eviction Notice. 

How to serve an Eviction Notice in Texas

File your eviction notice at the justice court of the precinct where the property is located. You can typically find your justice of the peace listed on your county’s government website.

Related Documents

  • Residential Lease Agreement: Outline the terms of a tenancy agreement between a tenant and landlord.
  • Lease Amendment: Make changes to an existing lease (e.g., changing the permitted uses of property or the length of a lease term).
  • Rent Receipt: Keep track of full or partial rent payments.
  • Rent Increase Notice: Inform a tenant of a future increase to their rent charge
  • Tenant Notices: Send your landlord a letter to request repairs or give notice to vacate.
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