Texas Landlord Law Guide
A defective notice to vacate is one of the most common reasons Texas eviction cases fail. SB 38 changed the rules for cases filed on or after January 1, 2026, so notices that worked last year may not work now.
Texas requires at least three days' written notice to vacate before filing an eviction, unless the lease sets a shorter or longer period (§24.005). For suits filed on or after January 1, 2026, a nonpayment case against a tenant who was not previously late needs a notice to pay rent or vacate. Month-to-month tenancies end with one month's notice under §91.001, not three days.
Two points surprise many owners. First, the lease can shorten the period as well as lengthen it. Second, the three-day default applies to defaults such as nonpayment or lease violations. Ending a month-to-month tenancy or a holdover follows Chapter 91, covered below.
Under SB 38, for eviction suits filed on or after January 1, 2026, if the eviction is based solely on nonpayment and the tenant was not late or delinquent before the month in which the notice is given, the notice must be a notice to pay rent or vacate. That gives the tenant the option to pay the rent owed within the notice period and stay.
For a tenant who was already behind before that month, either a notice to vacate or a notice to pay rent or vacate is allowed. When in doubt, a pay-or-vacate notice avoids the question.
SB 38 replaced the old delivery rules, including the familiar instruction to affix the notice to the inside of the main entry door. For suits filed on or after January 1, 2026, the notice must be delivered by at least one of these methods (§24.005):
A notice the tenant actually receives also counts, even if it arrived another way. Keep proof of how and when you delivered it: a mailing receipt, a photo of the notice placed inside the unit, or the email record. If older templates or blog posts tell you to tape a notice to the outside of the door, they predate SB 38.
New §24.0042 settles a question that used to cause arguments in court. Notice periods include weekends and holidays, but if the last day falls on a Saturday, Sunday or legal holiday, the period runs to the end of the next business day.
Example: you hand-deliver a three-day notice on a Wednesday. The days count Thursday, Friday and Saturday, but because the period ends on a Saturday, it extends through Monday. The earliest filing day is Tuesday.
The statute focuses on the type of notice and how it is delivered rather than a fixed form. A clear notice typically includes:
Harris County justice courts have updated their eviction guidance and petition forms for SB 38 and the revised Texas Rule of Civil Procedure 510. Check your notice template against the current rules rather than reusing one saved from a few years ago.
This is not the same as 30 days. Notice given on March 15 ends the tenancy no earlier than April 15. A different notice period, or none, can apply only if both parties signed an agreement saying so. Once the tenancy has ended and the tenant stays, the eviction still requires the §24.005 notice to vacate.
Some properties with federally backed mortgages or federal assistance are subject to longer federal notice periods, such as the 30-day notice associated with the CARES Act. Under SB 38, those federal periods no longer delay filing in Texas justice court, but a writ of possession cannot be served until the federal period has run. If your property has federal financing or assistance, confirm which rules apply before you file.
Most of these problems come down to paperwork. Save a copy of every notice, record the delivery method and time, and calendar the deadline using the §24.0042 counting rule before you file. A judge will look for those details, and a tenant with a defense will too.
If the tenant does not pay or leave by the deadline, you file an eviction petition in the justice court for the precinct where the property is located. Under SB 38, constables are expected to serve within five business days, and trials are generally set 10 to 21 days after filing. Some cases can be resolved by summary disposition when the tenant does not raise a genuine defense.
For filing costs, the hearing and writs of possession in Harris County, see our Texas eviction process guide. Atlas handles notices and court filings for owners through our eviction services, and the Texas landlord-tenant law hub covers the rest of the rules around ending a tenancy.
This guide is general information for Texas landlords, not legal advice. Laws change and every lease is different, so talk to a Texas real estate attorney about your situation.
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Only if the landlord and tenant agreed in writing to electronic delivery. Otherwise, use mail, delivery inside the unit in a conspicuous place, or hand delivery to a tenant 16 or older.
Yes. Weekends and holidays count, but a notice period that ends on a weekend or legal holiday extends to the end of the next business day under §24.0042.
Ending a month-to-month tenancy requires one month’s notice under §91.001 unless both parties signed a different agreement. If the tenant stays after the tenancy ends, you then give a notice to vacate before filing.
Posting on the outside of the door is not one of the delivery methods listed after SB 38. Delivery inside the premises in a conspicuous place, mail, or hand delivery to a tenant 16 or older are listed methods.
Yes. Section 24.005 allows a written lease to set a shorter or longer notice period than the three-day default.
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