How to serve a Texas eviction notice correctly (2026)
The notice is the first step of every Texas eviction — and the step landlords most often get wrong. Here is how long the notice has to give, what it has to say, and how to deliver it, plus the mistakes that most often invalidate a notice.
Governing law
Tex. Prop. Code ch. 24 (SB 38, eff. Jan. 1, 2026); Tex. R. Civ. P. 510 · Filed in Justice of the Peace Court. Updated 2026-08-05.
Notice periods in Texas
| Ground | Notice period | Notes |
|---|---|---|
| Nonpayment (first delinquency) | 3 days — pay-rent-or-vacate form | Lease may change the period |
| Nonpayment (repeat) | 3 days — either form | |
| Holdover / end of term | 3 days | |
| Federally backed mortgage (CARES) | 30 days | No sunset; screened on every case |
Five mistakes that get a notice thrown out
Miscounting the notice period
Some states count court or business days rather than calendar days, and the deadline may not be allowed to fall on a weekend or holiday. Count carefully, and when in doubt give the tenant more time rather than less.
Demanding more than the rent
When the notice is a demand for unpaid rent, adding late fees, utilities, or other charges can make the entire notice defective. Keep the demand to what your state allows.
Serving the notice improperly
The delivery method and the proof of service have to follow the statute. Keep a dated record of exactly how and when the notice was delivered.
Filing before the period runs
Starting the court case before the full notice period has expired is one of the most common reasons an eviction is dismissed and has to be started over.
Overlooking federal coverage
For a federally backed or subsidized (“CARES Act”) property, a 30-day notice may be required for nonpayment even when the state period is shorter.
What happens after the notice
- The notice period runs. If the tenant pays in full (for a rent demand) or moves out, the matter usually ends there.
- If the period expires and the tenant stays, the landlord files an eviction case with the court.
- The tenant is served, has a short window to respond, and the court sets a hearing.
- If the landlord prevails, the court issues a judgment for possession and, if needed, a writ that the sheriff or constable enforces.
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This page is general legal information from The Ledger Law Firm, not legal advice, and does not create an attorney–client relationship. Notice rules and day-counts change and depend on your lease and the facts; confirm the current requirements or consult a licensed attorney before serving a notice. ATTORNEY ADVERTISING.