Texas Notice to Vacate: Notice Periods and Rules

In Texas, tenants give at least 30 days written notice to end a month-to-month tenancy, and landlords give at least 30 days. For unpaid rent, the notice period is 3 days. The details, exceptions and statute citations are below.

Create a Texas noticeSee a free sample letter

Texas notice periods at a glance

Tenant ending a month-to-month tenancy30 days
Tex. Prop. Code § 91.001(a)-(b)
Landlord ending a month-to-month tenancy30 days
Tex. Prop. Code § 91.001(a)-(b)
Notice for unpaid rent3 days
Tex. Prop. Code § 24.005(a), as amended by S.B. 38 (89th Leg., 2025), effective Jan. 1, 2026
End of a fixed-term leaseTexas law does not require notice to end a lease on its end date unless the lease says so, but a landlord must still give a 3-day written notice to vacate before filing eviction against a tenant who holds over (§ 24.005(a)).
How notice can be deliveredFor eviction suits filed on or after Jan. 1, 2026, the notice must be delivered by at least one of: 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 aged 16 or older; or e-mail/electronic means if agreed in writing; a notice the tenant actually receives is valid regardless (Tex. Prop. Code § 24.005(f-3), (f-4)).

Under § 91.001 the tenancy ends on the later of the date in the notice or one month after the notice is given, and a signed lease can set a different notice period or none (§ 91.001(e)); the 3-day notice-to-vacate period can likewise be shortened or lengthened by the written lease. From Jan. 1, 2026 (S.B. 38), a tenant evicted only for nonpayment who was not late before that month must get a notice to pay rent or vacate rather than a bare notice to vacate, and federal notice periods (e.g. the CARES Act 30-day rule for covered properties) delay only the writ of possession, not the filing.

What a Texas notice to vacate should include

  • The names of every tenant on the lease and the full address, including unit number
  • The date you are giving the notice and the date the tenancy ends
  • A move-out date that gives at least the minimum notice above, counted from the day the notice is delivered
  • For unpaid rent: the exact amount owed and how to pay it
  • Your name, signature and contact details
  • A record of how and when you delivered it (keep a copy)

Many month-to-month notices must also end on the last day of a rental period, so if rent is due on the 1st, the safest move-out date is the end of a month. Giving more notice than the minimum is fine; giving less usually makes the notice invalid.

Texas notice to vacate FAQ

How much notice does a tenant have to give in Texas?

For a month-to-month tenancy, at least 30 days in writing (Tex. Prop. Code § 91.001(a)-(b)). If you have a fixed-term lease, check the lease: it may require notice before the end date or renew automatically.

How much notice does a landlord have to give in Texas?

To end a month-to-month tenancy without a specific reason, at least 30 days (Tex. Prop. Code § 91.001(a)-(b)).

What is the notice period for unpaid rent in Texas?

The tenant gets 3 days to pay or move out (Tex. Prop. Code § 24.005(a), as amended by S.B. 38 (89th Leg., 2025), effective Jan. 1, 2026). If the tenant does neither, the landlord can file an eviction case; only a court can order the tenant out.

How do you deliver a notice to vacate in Texas?

For eviction suits filed on or after Jan. 1, 2026, the notice must be delivered by at least one of: 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 aged 16 or older; or e-mail/electronic means if agreed in writing; a notice the tenant actually receives is valid regardless (Tex. Prop. Code § 24.005(f-3), (f-4)).

Do I need to give notice at the end of a fixed-term lease in Texas?

Texas law does not require notice to end a lease on its end date unless the lease says so, but a landlord must still give a 3-day written notice to vacate before filing eviction against a tenant who holds over (§ 24.005(a)).

Create your Texas notice

The form fills in the Texas notice period, dates and delivery details and gives you a print-ready PDF. You see the notice before you pay; plans start at $29.

Start the form

Sources

Checked October 2026. Laws change, and cities can add their own rules. This page is general information, not legal advice.

Guides

Other states

AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming