Make a Texas Eviction Notice

What are the Components of a Texas Eviction Notice?

There are two basic Texas eviction notices. They both have the same basic components:

• The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
• The address of the rental property
• The date the eviction notice was created
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
• The contact information of the landlord or property manager
• The printed name and signature of the landlord or property manager

Texas eviction notices are also known as a notice to quit. The number of days the tenant receives to correct the problem or vacate the property depends on the reason the eviction notice is issued. They may also have additional specific components.

Texas 3-Day Notice to Pay or Quit for Non-Payment of Rent

A 3-day notice to pay or quit is used when the tenant doesn’t pay their rent on time. According to § 24.005, the tenant has three days to pay the past due rent or vacate the property. This notice should list:

• The full amount of rent that is past due
• The acceptable payment methods
• Where the payment may be made
• The date by which the payment must be made.

Texas 3-Day Notice to Cure or Quit for Curable Non-Compliance

A 3-day notice to cure or quit is used when the tenant violates the lease in some way other than not paying their rent. It gives the tenant three days to correct the lease violation or leave the property. This 3-day notice should explain:

• How the tenant violated the lease.

This notice is governed by § 24.005.

Texas Lease Termination Letter – 30 Day Notice

A 30-day notice to terminate a month-to-month tenancy isn’t a traditional eviction notice. It is used to terminate a month-to-month lease agreement between the landlord and the tenant. The tenant doesn’t have to violate the lease. In fact, if the tenant wants to end the tenancy, they can also use this notice. This notice gives the recipient 30 days to vacate the property. It is governed by § 91.001.

Service of a Texas Eviction Notice

In Texas, serving an eviction notice must be done by serving the tenant in person, attaching the notice to the front door, or using certified mail with return receipt requested.

What are the Legal Considerations of a Texas Eviction Notice?

All eviction notices must comply with Texas landlord-tenant law. They must be legally served. The tenant must refuse to comply with the notice before the landlord can file a lawsuit. Until the landlord receives a court order from a judge, they may not remove the tenant’s belongings, change the locks or otherwise lock out the tenant, or turn off the utilities. Without a court order, those actions are illegal and known as self-help eviction.

It is also illegal to evict a tenant because of their actual or perceived religious beliefs, family status, disability, country of origin, skin color, gender, or race. Doing so violates federal law (The Fair Housing Act). Landlords could be subjected to large federal and state fines and may also be ordered by the court to pay the tenant should they sue.

Landlords may not engage in retaliatory eviction. Retaliatory eviction takes place when the landlord tries to evict the tenant for reporting code violations or uninhabitable conditions that exist on the property. Landlords have a legal obligation to keep the property habitable and safe.

Eviction Information for Texas Tenants

Texas tenants have rights. The Attorney General’s website has a web page devoted to explaining your rights in a way that is easy to understand. You cannot be evicted because you reported the property or the landlord for uninhabitable conditions. You cannot be evicted because of your race, skin color, country of origin, religious beliefs, family status, disability, or gender. Without a court order, the landlord may not get rid of your possessions, lock you out in any way, or shut off the utilities to the property. All of those sorts of actions are considered illegal eviction methods.

If you’re victimized by an illegal eviction, schedule a consultation with a landlord-tenant attorney. They can determine whether you have a legal claim against the landlord for what happened. You could also consider contacting a law school near you and asking if they have a legal clinic. You could also contact a legal aid office.

Eviction Information for Texas Landlords

As a Texas landlord, you have obligations under both state and federal law. It’s imperative that your eviction notice has the proper information in it for your records and to educate the tenant on what’s happening. You must also ensure that you legally serve the tenant with the notice. You can only file an eviction lawsuit against the tenant once the tenant refuses to comply with the notice by the end of the stated notice period.

Until you get a court order, you may not replace the locks, shut off the utilities, or remove the tenant’s property from the unit. Doing so without a court order is illegal. It is also illegal for you to try to evict a tenant because they report you or the property for code violations or uninhabitable conditions on the property. The tenant has a legal right to habitable living conditions that are safe. An attempted eviction for reporting poor housing conditions is known as a retaliatory eviction. Landlords may not evict a tenant because of their actual or perceived gender, nationality, skin color, race, religion, family status, or disability. That is a violation of federal law. If you’re involved in an illegal eviction, you could be sued by the tenant. If the tenant wins, you may be ordered to pay financial compensation to the tenant. You may also be ordered to pay fines for violating state and federal law. To learn more about your rights and obligation as a landlord, make an appointment to talk with a landlord-tenant attorney in the county where your rental property is located.