Texas Eviction Notice: 3-Day Notice to Vacate Before Filing (§ 24.005)

Tex. Prop. Code § 24.005(a) requires that "the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement." The notice period is calculated from the day the notice is delivered. Section 24.005(f) allows delivery in person to the tenant or a resident 16 or older, by affixing it inside the main entry door, or by regular, certified, or registered mail; § 24.005(f-1) permits affixing a sealed envelope outside the door in limited circumstances. After notice, the landlord files in justice court.

No specific statutory penalty for the notice itself, but a landlord must obtain a court judgment and writ of possession in a forcible detainer action before removing a tenant. Self-help lockouts and utility cutoffs are barred by Tex. Prop. Code Ch. 92 and expose the landlord to tenant remedies.