3 Day Notice to Vacate Texas

What is a 3-Day Notice to Vacate?

A three-day notice to vacate is a legal document used in Texas that a landlord files to terminate a lease agreement and demand a tenant to resolve an issue or vacate the property. It is usually used when a tenant has violated the lease terms. Unless the lease agreement says otherwise, the tenant must leave the premises within three days.

However, according to the federal CARES Act, the landlord must give a 30-day notice if the property owner participates in certain federal programs or has a federally-backed mortgage.

Grounds for Issuing a 3 Day Notice

Usually, the landlord serves a written notice to vacate the property if the tenant violated the lease by not paying rent on time, disregarding rules, or if they are holding the property after the lease has expired. 

Non-Payment of Rental Property Rent

Unpaid rent is the most common reason for issuing a notice to vacate. Texas landlords are required to provide clear written notice specifying the amount owed and giving the tenant three days to pay or vacate the property. 

The notice must comply with state laws and the lease agreement, including the grace period. If the tenant pays the due rent, the eviction process usually stops. However, if the tenant fails to pay or refuses to vacate by the final date, the landlord can file an eviction suit, also known as a forcible detainer suit. 

Violation of Lease Agreement Terms

Other common lease violations include unauthorized pets, property damage, or illegal activities at the property. These agreement breaches must be documented and included in the notice.  The landlord can demand that the tenant resolve these issues (if possible) or vacate the property. If the tenant does not comply, the landlord has the right to pursue further legal action. 

Holding Over After Lease Expiration

When tenants stay in a rental unit after the lease has expired, the situation is known as holding over. If they remain without the landlord’s permission or a lease renewal, the landlord has the right to issue a notice to vacate.

If you’re a landlord, you must document that the lease has ended and that the tenant has no legal right to stay. Keep a copy of the lease agreement, copies of notices and delivery receipts, communications with the tenant, bank statements, photographs, and other evidence for legal purposes.

Proper Procedure for a 3 Day Notice in Texas

A legally sound notice to vacate must include the following information:

• Landlord’s information, such as name and contacts
• Tenant’s information
• Property address
• Reason for termination
• Amount of rent due (if applicable)
• Deadline to vacate

Delivery and Service

The way you deliver and serve the notice will determine whether the notice will hold in court. [1] These are the proper ways of giving the tenant proper notice:

• Personal delivery: You can deliver it to the tenant or any person 16 or older who lives on the premises.
• Mail: Send the notice by certified mail, regular mail, or registered mail, with a return receipt requested. Keep the return receipt as proof of delivery, as it will be crucial in court.
• Posting on the premises: If the lease allows it, landlords can attach the notice inside the front door.
• Outside: If there’s a dangerous animal or another valid reason you cannot post it on the inside of the front door, you can affix it on the outside in a secure, sealed envelope. Have the words IMPORTANT DOCUMENT and the tenant’s name and address in all caps written on it.

Compliance with Texas Law

Any deviations from the Texas Property Code can jeopardize the landlord’s attempt to repossess the property. Texas eviction notices must follow the rules about:

• Notice delivery
• Necessary information and content in the notice
• Its compliance with the lease agreement
• Compliance with the federal CARES Act

Unless the landlord serves this notice in writing, they cannot file an eviction suit.

Also, according to Sec. 24.005, tenants must receive a written notice giving them at least 30 days to leave the rental unit if the building is purchased at a tax foreclosure sale or a trustee’s foreclosure sale (unless the purchaser wants to continue the lease).

Tenant’s Options After Receiving a Notice

If you received a written notice to vacate, you have three options, which you must complete within the three-day period.

Paying Rent or Correcting the Violation

Depending on the reason behind the notice, you can avoid eviction if you pay the full rent amount with any applicable fees or correct the lease violation that the landlord mentioned. This correction can mean repairing the damage or rehoming unauthorized pets. If you act quickly, you may stop the eviction and avoid further legal issues. 

Vacating the Premises

If you want to avoid legal complications, potential court fees, or a mark on your renter’s reputation, the simplest solution is to vacate the property. While leaving within three days prevents the landlord from filing an eviction lawsuit, it does not absolve you from outstanding rent or tenant-caused property damage.

Contesting the Notice

If you believe the notice has been issued improperly, with errors in the info, delivery, or the grounds for eviction, you may be able to contest the notice in court. You can also contest it if the landlord refuses to accept rent or repair issues that violate the lease.

Landlord’s Options After the 3-Day Period

If the tenant doesn’t resolve the issues within the three-day notice period, landlords have several legal options to proceed with the eviction process correctly.

Filing an Eviction Lawsuit

Once the three-day notice period is over and the tenant hasn’t resolved the issue or vacated the property, landlords can file an eviction suit in the appropriate Texas Justice court. It’s possible to do this without a lawyer, although it’s highly recommended that you seek legal help. 

The Eviction Process

After you file the suit, the formal eviction proceedings look like this: 

• An eviction hearing will happen at least 10 days after the petition is filed;
• The court issues its judgment;
• The tenant can file an appeal;
• Once you have the final judgment, you can ask the judge for a Writ of Possession to remove the tenant’s property from the unit. The Writ can be executed 24 hours after it’s posted.

Seeking Legal Assistance for an Eviction Suit

Eviction suits are uncomfortable for both the landlord and the tenant. If this situation arises, both parties should seek legal help. 

For Landlords

If you’re a Texas landlord, you must follow the correct procedure, or you may incur additional costs, such as legal fees. Ask a lawyer to help you draft the notice and navigate the eviction process.

For Tenants

If you’re a tenant and you believe the landlord disrespected your rights, seek legal counsel. They can protect your rights and help you avoid expensive court fees or a stain on your reputation.

Resources for Landlords and Tenants

Landlords and tenants can research property laws to determine what they can do in their specific circumstances. Here are some links. 

Texas Property Code

Texas law offers extensive explanations regarding evictions. Here are some links that may help:

• Title 4. Actions and Remedies, Chapter 24. Forcible Entry and Detainer
• Eviction Process Information from the Texas State Law Library 

Texas Attorney General’s Office

Landlords and tenants can also use resources from the Texas Attorney General’s Office to learn more about renters’ rights and options for dealing with these unpleasant situations.

Taking Action: Your Next Steps

Essentially, if the tenant fails to pay rent or violates the Texas rental agreement in any way, the landlord must give them three days to vacate or correct the issue, unless the tenant’s lease states otherwise.

Unless the tenant obeys, the landlord can start an eviction lawsuit, which includes hearings and appeals. If the final judgment says the tenant must vacate the property, the landlord can ask for a Writ of Possession, which gives them 24 hours to leave the premises.  

As this article shows, eviction procedures can be time-consuming, stressful, and costly. If you run a rental business and don’t have time to pursue legal action for each of your properties, you can also consider selling the property for cash. 

A-List Properties, a trusted cash home buyer in Texas, can provide a straightforward solution. We handle all aspects of the situation—from dealing with difficult tenants to managing property repairs and legal proceedings—allowing you to redirect your focus to other investments while reclaiming your capital.

If this would save you some trouble, call us at (972) 526-7042 for a free quote or fill out our contact form.