For Texas landlords, dealing with non-paying or lease-violating tenants can be frustrating and costly. One of the first legal steps in reclaiming your rental property is serving a 3 Day Notice to Vacate. This document notifies the tenant that they must pay overdue rent, fix a lease violation, or move out within three days—or face eviction proceedings.
Serving this notice correctly is crucial. Any mistake could delay the eviction process or invalidate your claim in court. This guide walks you through how to properly serve a 3 Day Notice to Vacate in Texas, ensuring you're fully compliant with state law.
When to Serve a 3 Day Notice to Vacate in Texas
In Texas, landlords can issue a 3 Day Notice to Vacate when tenants:
- Fail to pay rent on time
- Breach their lease agreement (unauthorized occupants, pets, or damage)
- Refuse to leave after the lease ends
This notice is not an eviction order. It's the legal warning that must precede a formal eviction filing. Once the notice period ends and the tenant hasn’t complied, you can file an eviction lawsuit, known in Texas as a "forcible detainer suit."
To learn more about how state laws impact landlord rights, check out Debt Collection Laws in Texas: What Creditors and Consumers Should Know.
Drafting the 3 Day Notice
Your 3 Day Notice to Vacate should include:
- The full names of all tenants
- The address of the rental property
- A clear statement of the reason for the notice (e.g., unpaid rent)
- The date the notice is being served
- A statement requiring the tenant to vacate within three days
Although there is no statewide form required, the language must be precise. You cannot demand more than the law allows, and you should avoid threatening or abusive language.
For additional help writing a legally sound notice, refer to How to Write a Proper Eviction Letter to a Tenant.
How to Legally Serve the Notice
Texas law allows several methods of delivering the 3 Day Notice:
- Personal Delivery: Handing the notice directly to the tenant or someone at least 16 years old who lives in the unit.
- Mailing: Via regular or certified mail. If mailed, allow for extra days for delivery.
- Posting on the Door: If no one is home, and you can’t safely hand-deliver, you may post the notice on the inside of the main entry door (not outside) or slip it under the door.
Document how and when you served the notice. Courts will require proof if the case escalates.
What Happens After the 3 Days?
Once the three-day period has passed, if the tenant hasn't paid or vacated, the next step is to file an eviction suit in Justice Court. Be sure to bring all related documentation: the lease, notice to vacate, payment history, and any correspondence.
If you win the case, the court will issue a judgment for possession. The tenant has five days to appeal or vacate. If they do neither, you can request a Writ of Possession, allowing law enforcement to remove them.
To avoid getting to this point, some landlords use a debt collection agency to intervene early and try to recover the funds. Learn how ACB supports property managers in situations like these in How Apartment Debt Collection Works.
ACB’s Role in Post-Eviction Debt Recovery
Even after a successful eviction, you may be left with unpaid rent, damages, or broken lease fees. That’s where Advanced Collection Bureau comes in. We specialize in residential debt collection and offer:
- No upfront fees (we only get paid when you do)
- Skip tracing to locate former tenants
- Bi-monthly credit reporting
- 100% U.S.-based support
If you’re dealing with a non-paying tenant or have already served a notice and are worried about recovering losses, partnering with ACB early can improve outcomes.
To explore our strategy, read The Role of Debt Collection in Maintaining Healthy Cash Flow for Property Managers.
Need help recovering unpaid rent after issuing a 3 Day Notice? Work with us and let ACB support your collections process from start to finish.
