Notice to Vacate
(Commercial Eviction) (TX)

Summary

This Notice to Vacate may be used by a landlord in Texas to give a commercial tenant that has defaulted in its obligation to pay rent the statutorily required notice that if the tenant does not pay all rent due within three days, the landlord will begin eviction proceedings. This template contains practical guidance and drafting notes. In Texas, unless a shorter or longer notice period has otherwise been contracted, a landlord is required to give a tenant at least three days' written notice to vacate before filing a forcible detainer (or eviction) suit. Tex. Prop. Code § 24.005(a). However, If the lease does not provide for an award of attorneys' fees to the landlord, to ensure recovery of attorneys' fees by the landlord, notice to vacate and demand for possession must be provided to the tenant at least eleven days before filing suit to evict. Tex. Prop. Code § 24.006. The notice to vacate must be given in person or by mail at the premises in question. Notice in person may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question. Tex. Prop. Code § 24.005(f). Generally, the notice period is calculated from the day on which the notice is delivered; thus, personal delivery or posting is advisable, in addition to mailing the notice to the tenant. Tex. Prop. Code § 24.005(g). Alternatively, if the premises has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice to vacate on the inside of the main entry door, or if the landlord reasonably believes that harm to any person would result from personal delivery to the tenant or a person residing at the premises or from personal delivery to the premises by affixing the notice to the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door. In this case, the notice must be in a sealed envelope on which is written the tenant's name, address, and in all capital letters, the words "IMPORTANT DOCUMENT" or substantially similar language. Further, not later than 5 p.m. of the same day, a copy of the notice must also be mailed to the tenant by depositing it in the mail in the same county in which the premises in question. Tex. Prop. Code § 24.005(f-1). Notice is considered in this instance to be delivered the date the envelope is affixed to the outside of the door and is deposited in the mail. Tex. Prop. Code § 24.005(f-2). For further guidance see Commercial Eviction (TX).