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Texas • 3 Calendar Days • Texas Property Code § 24.005 (Amended by SB 38)

Texas 3-Day Notice to Pay or Vacate (2026)

A Texas Notice to Pay or Vacate is the statutory prerequisite before filing an eviction suit for unpaid rent. Under Texas Property Code § 24.005 (as amended by Senate Bill 38, effective January 1, 2026), landlords must now determine whether the tenant has prior late-payment history — first-time delinquencies require a right-to-cure notice, while repeat offenders can receive an absolute Notice to Vacate.

Statutory Authority

The legal foundation for this notice type

Citation

Texas Property Code § 24.005 (Amended by SB 38)

Notice Period3 Calendar Days
View Official Statute Text →

When to Use This Notice

Use this notice when a tenant has failed to pay rent by the due date. Texas law requires this notice before a landlord can file a forcible detainer (eviction) suit in Justice Court.

What Must Be Included

Every element below is required under Texas Property Code § 24.005 (Amended by SB 38) — missing any one can void the notice

Full legal name(s) of all tenants on the lease
Complete property address including unit number
The total amount of rent owed
Whether this is a first-time or repeat late payment (determines SB 38 track)
A clear demand to pay the outstanding rent or vacate the premises
The date by which the tenant must comply
Where and how rent payment can be made

Common Mistakes That Void This Notice

Courts routinely dismiss eviction cases when landlords make these errors

Failing to check tenant payment history for SB 38 dual-track compliance
Serving a no-cure Notice to Vacate when the tenant qualifies for a first-offense right-to-cure
Late fees exceeding the statutory 12% cap of monthly rent
Taping the notice to the outside of the door without also mailing a copy on the same day
Forgetting that calendar days (not business days) are counted in Texas
Not including the proper SB 38 statutory language for the applicable track

Related Texas Notice Types

Other notices you may need for your Texas rental property

Texas 3-Day Lease Violation Notice

3 Calendar Days

Texas Unconditional Notice to Vacate

3 Calendar Days

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Our rules engine validates every field against Texas Property Code § 24.005 (Amended by SB 38) so you never miss a required element. Includes the notice, service checklist, deadline calculator, and proof-of-service affidavit.

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