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Texas 3 Day Notice to Vacate

Use the Texas 3 day Notice to Vacate for lease violations OTHER than non-payment of rent. This must be sent before filing a Forcible Entry Detainer lawsuit.

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Texas 3 Day Notice to Vacate

Last Modified 1/14/2016

(last edited 1/14/2016)

Landlords in Texas can begin the eviction process using the Texas 3-Day Notice to Vacate when a tenant has violated the lease or state laws. They must receive this written notice before eviction can proceed.

Who: When the landlord needs to evict a tenant for something other than non-payment of the rent, they must issue them a written Texas 3-Day Notice to Vacate.

    This is the appropriate document to use when:
  • Your tenant violated some part of the lease agreement
  • The lease agreement has expired but the tenant has remained on the premises
  • The tenancy was a "month to month" arrangement, and you now wish to end it

Unless the lease has specified that you do not have to give them notice prior to filing for a Forcible Entry and Detainer Lawsuit, which is the next step in eviction, you must issue them the Texas 3-Day Notice to Vacate.

What: This notice is going to explain why you want them to vacate and will give them three days to vacate. The "clock starts ticking for them to vacate when the Notice is actually delivered", according to the state. That means you should send the Texas 3-Day Notice to Vacate via Certified Mail or use personal delivery to ensure you follow the legal time lines.

Once they have received the Texas 3 Day Notice to Vacate, there is the three-day notice period and then you can begin a court action if the tenant remains on the premises. This is when you file a lawsuit called a "Forcible Entry and Detainer" lawsuit.

When: Landlords in Texas are legally allowed to issue a Notice to Vacate the very day after a renter fails to pay their monthly rent. The non-payment of rent is a legal reason for starting the eviction process, and the landlord does not even have to provide their tenant with the opportunity to pay what is due.

Tips and Tricks for Landlords: Be sure you have two copies of your 3-Day Notice to Vacate prior to delivering it. One is going to be for the courts if you must have a lawsuit, and the other is for your records. You give the tenant the original, and be sure you make a record of the date and time of day you delivered it.

Begin by downloading a blank copy of the notice here, and then consult with an attorney about your situation. There is no such thing as an easy eviction, and you will want to be sure you are following the laws accordingly and protecting your interests as your case proceeds.

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