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.
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).
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 |
Notice compliance is not just about the words on the page — it is also about correct delivery. In Texas, permissible service methods include:
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.
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.
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.
Detailed, statute-mapped breakdowns for each notice type supported in Texas.
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