Texas Statutory Guide

Drafting and Serving a 3-Day Notice to Vacate in Texas (2026)

Under Texas landlord-tenant law, failing to comply with statutory notice rules is the number one reason eviction petitions are dismissed. Learn how to protect your rights under Texas Property Code § 24.005.

Critical Texas Compliance Warning

Under Senate Bill 38 (effective 2026), first-time late payments require a Notice to Pay Rent or Vacate (with cure rights). Previous delinquencies permit an absolute Notice to Vacate (no cure rights).

State Detail: Texas counts calendar days, meaning weekends and holidays are included in the notice period unless the notice period ends on a weekend or holiday, in which case it extends to the next business day.

State Statutes & Required Notice Periods

The NoticeGen rules engine automatically enforces the statutory guidelines detailed below when compiling notices for Texas.

Notice Type	Statute Section	Notice Period
Late Rent Notice	Property Code § 24.005 (Amended SB 38)	3 Calendar Days
Lease Violation	Texas Property Code § 24.005	3 Calendar Days
Notice of Non-Renewal	Property Code § 91.001 & § 94.055	30 Calendar Days

How to Legally Serve the Notice

Notice compliance is not just about the words on the page — it is also about correct delivery. In Texas, permissible service methods include:

Personal delivery, leaving it with someone over 16 living at the property, mailing by regular/certified mail, or affixing to the inside of the main entry door (or outside under very specific conditions).

Always verify service requirements in your county/municipality. NoticeGen bundles a pre-filled **Proof of Service Affidavit** and a **Service Checklist** with every generation to help you document delivery compliance.

Frequently Asked Questions

What changed under Texas Senate Bill 38 in 2026?

SB 38 introduced a dual-track system for nonpayment. First-time late payments require a Notice to Pay Rent or Vacate, giving the tenant a right to cure. If the tenant has a history of late payments, you can serve an absolute Notice to Vacate without a right to cure.

Can I serve a Texas notice by taping it to the outside of the door?

Taping a notice to the outside of the door is only legally permitted if the landlord cannot enter the property (e.g., due to a dangerous animal or locking mechanism) and must be accompanied by mailing a copy on the same day. The preferred method is personal delivery or posting on the inside of the door.

How are weekends counted in Texas eviction notices?

Texas counts calendar days. If you serve a notice on a Friday, Day 1 is Saturday, Day 2 is Sunday, and Day 3 is Monday. However, if the final day falls on a weekend or legal holiday, the tenant has until the next business day to comply.

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