LandLawKit

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

Updated 2026-07-01 · Reflects SB 38 (eff. Jan 1, 2026)

Texas requires at least 3 days' written notice before you file an eviction, unless your lease sets a different period (Tex. Prop. Code §24.005). What the notice must say changed on January 1, 2026: if the tenant had not been late or delinquent with rent before the month the notice is given, the notice must give the tenant the choice to pay the rent due or vacate — a bare "get out" notice is allowed only if the tenant was late before that month.

What the notice must include

A compliant Texas nonpayment notice states: the tenants' names and the property address, the amount owed and the period it covers, the demand to pay in full or vacate by a stated deadline (at least 3 days out), and how the notice was delivered. To recover attorney's fees without a lease clause, you must send a separate demand to vacate by registered or certified mail at least 10 days before filing, stating fees may be recovered if the tenant doesn't leave before the 11th day (§24.006).

How to deliver it (§24.005)

Permitted methods (§24.005(f-3)): mail (first-class, registered, certified, or a delivery service); delivery to the inside of the premises in a conspicuous place; hand delivery to any tenant 16 or older; or e-mail or other electronic means if you and the tenant agreed to it in writing. Outside-door posting is no longer a permitted method for suits filed on or after Jan. 1, 2026. Keep a copy and a written record of the date, time, and method — service disputes decide real cases.

Common mistakes that void the notice

Filing before the 3 days run. Demanding more than rent (late fees and other charges don't belong in the pay-or-vacate amount). Using a vacate-only notice for a first delinquency. Serving only one of several adult tenants when your lease names them all. Each of these can get the case dismissed — you start over, and lose weeks.

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Frequently asked questions

Do weekends count in the 3 days?

Yes — Texas counts calendar days, including weekends and holidays, unlike some states. The 3 days start after the day the notice is delivered, but if the 3rd day falls on a Saturday, Sunday, or legal holiday, the period runs through the next business day (§24.0042).

Can my lease shorten the 3 days?

The lease can set a different period, but SB 38's first-delinquency pay-or-vacate requirement still applies to what the notice must offer.

Does the notice have to be notarized?

No. It needs to be written, delivered by a permitted method, and provable — notarization is not required.

Legal information, not legal advice. LandLawKit is not a law firm. For advice about your specific situation, consult a Texas attorney.