10-Day Notice to Vacate
(Residential Eviction) (TX)

Summary

This 10-Day Notice to Vacate may be used by a landlord in Texas to notify a residential tenant in default under their lease that if the tenant does not vacate the premises within 10 days, the landlord will bring an eviction action and seek attorney's fees from the tenant. This template contains practical guidance and drafting notes. For further guidance on residential evictions in Texas, see Residential Evictions (TX) and Eviction Resource Kit (TX). For further guidance on residential leasing in Texas, see Residential Lease Agreements (TX). For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. For a listing of key content covering tenant evictions, including forcible entry and unlawful detainer; the treatment of personal property remaining on premises after an eviction; and tenant protection laws, see Eviction, Unlawful Detainer, and Tenant Protections State Law Survey. For a list of key resources covering real estate-related tasks for associates, in-house attorneys, and interns, see First Year Associate Resource Kit: Real Estate, Summer Associate Resource Kit: Real Estate, In-House Real Estate Resource Kit, and Federal Government Summer Intern Resource Kit: Real Estate. Before a landlord in Texas may file an eviction suit against a residential tenant, a 3-day notice to vacate must be sent to the tenant unless the parties contracted for a shorter or longer notice period in writing. Tex. Prop. Code § 24.005. However, if the landlord seeks attorney's fees from the tenant, the notice must indicate that such fees will be collected if the tenant does not vacate within 10 days unless a written lease entitles the landlord to attorney's fees. Tex. Prop. Code § 24.006. The demand must state that if the tenant does not vacate the premises before the 11th day after the date of receipt of the notice and if the landlord files suit, the landlord may recover attorney's fees. The demand must be sent by registered mail or by certified mail, return receipt requested, at least 10 days before the date the suit is filed. Tex. Prop. Code § 24.006. Please also note that if a written lease entitles the landlord to recover attorney's fees, then the 10-Day Notice to Vacate is not required. Tex. Prop. Code § 24.006(b). See also Residential Lease Agreements (TX). For a template for use when the landlord is not seeking attorney's fees, see 3-Day Notice to Vacate (Residential Eviction) (TX).