What is a Notice to Vacate?
A Notice to Vacate is a written demand for the tenant to leave the property within a set period of time. In Texas, this period is typically 3 days unless your lease agreement specifies a different timeframe. You must deliver this notice before filing an eviction case.
Legal Requirements in Texas
The notice to vacate must include:
The tenant's name and address
A clear statement that the tenant must vacate
The deadline to vacate (minimum 3 days from delivery)
The reason for eviction (non-payment, lease violation, etc.)
Your signature and dateHow to Deliver a Notice to Vacate
You can deliver a Notice to Vacate by:
1. Personal Delivery: Handing it directly to the tenant
2. Mail: Sending it to the premises addressed to the tenant
3. Posting: Attaching it to the inside of the front doorIf you cannot access the inside of the door, you may post it on the outside in an envelope marked "IMPORTANT DOCUMENT" and mail a copy the same day.
Common Mistakes to Avoid
Not waiting the full notice period before filing
Using incorrect delivery methods
Not keeping proof of delivery
Including wrong information on the noticeBest Practices
Use certified mail with return receipt for proof of delivery
Take photos of posted notices with timestamps
Keep copies of all documents
Document the date and method of delivery
