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

Summary

This 3-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 three days, the landlord will bring an eviction action. 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. Many residential leases in Texas reduce the required notice period to one day. If this is the case, this template should be modified accordingly. The notice period is calculated from the day on which the notice is delivered. Tex. Prop. Code § 24.005. The notice to vacate does not need to state "a reason for the eviction" or "an explanation of any right to cure." Effel v. Rosberg, 360 S.W.3d 626, 631 (Tex. App.—Dallas 2012, no pet.) 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 ten days, unless a written lease entitles the landlord to attorney's fees. Tex. Prop. Code § 24.006. For a template see 10-Day Notice to Vacate (Residential Eviction) (TX). See also Residential Lease Agreements (TX).