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Texas3 Calendar DaysTexas Property Code § 24.005

Texas Unconditional Notice to Vacate (2026)

A Texas Unconditional Notice to Vacate demands the tenant surrender the premises within 3 calendar days with no opportunity to cure. Under Texas Property Code § 24.005, this notice is used for severe, non-curable lease violations — including criminal activity, severe property damage, or threats to health and safety of other tenants.

Statutory Authority

The legal foundation for this notice type

Citation

Texas Property Code § 24.005

Notice Period3 Calendar Days
View Official Statute Text →

When to Use This Notice

Use this notice only for severe, non-curable breaches such as criminal activity on the premises, drug manufacturing, threats of violence, severe property destruction, or conduct that creates an immediate risk to health and safety.

What Must Be Included

Every element below is required under Texas Property Code § 24.005 — missing any one can void the notice

Full legal name(s) of all tenants on the lease
Complete property address including unit number
A detailed description of the severe violation or criminal activity
An unconditional demand to vacate — no option to cure or pay
The date by which the tenant must vacate
Reference to Texas Property Code § 24.005

Common Mistakes That Void This Notice

Courts routinely dismiss eviction cases when landlords make these errors

Using an unconditional notice for minor or first-time violations
Failing to document evidence of the severe breach
Not serving the notice through a legally valid method
Confusing this with a SB 38 repeat-offender track (which is still a pay-or-vacate, not unconditional)
Issuing this notice without sufficient grounds — courts may view it as retaliatory
Not mailing a copy when taping the notice to the door

Related Texas Notice Types

Other notices you may need for your Texas rental property

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