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: for a tenant's first rent delinquency in the period, the notice must give the tenant the choice to pay the rent due or vacate — a bare "get out" notice is only allowed for repeat delinquency.
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. Suing for attorney's fees later requires the notice to say so unless your lease already provides for them.
How to deliver it (§24.005)
Permitted methods: personal delivery to the tenant or anyone 16 or older at the premises; regular, registered, or certified mail; securely affixing to the inside of the main entry door; the statutory alternative of posting on the outside of the main entry door when interior access isn't possible; or an electronic method if your lease allows it. 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.
Court-ready notices pre-filled with your details — free to start.
Frequently asked questions
Do weekends count in the 3 days?
Yes — Texas counts calendar days for the §24.005 notice period, unlike some states. The 3 days start after the day the notice is delivered.
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.
More Texas guides
- How to Evict a Tenant in Texas (2026 Rules)
- How Much Does an Eviction Cost in Texas? (Verified 2026 County Fees)
- Texas Eviction Timeline: How Long It Takes in 2026
- SB 38: What Changed in Texas Eviction Law on January 1, 2026
- Texas Security Deposit Rules: The 30-Day Return Deadline
- Texas Late Fees: The 2-Day Grace Period and 10–12% Caps