When a tenant fails to pay rent or violates the terms of their lease, Texas landlords must follow strict legal procedures before proceeding with an eviction. One of the first required steps is delivering a 3 Day Notice to Vacate. While it may seem simple on the surface, this process must be handled correctly to avoid delays or legal issues down the road.
In this article, we’ll walk you through how to serve a Texas 3 Day Notice to Vacate, what it must include, and what to expect after it’s delivered. Whether you're a seasoned landlord or just starting out, this guide ensures you're compliant and effective.
What Is a 3 Day Notice to Vacate in Texas?
This notice informs the tenant that they have three days to vacate the property or face formal eviction proceedings. It is commonly used in cases of unpaid rent but can also apply to other lease violations. According to the Texas Property Code, landlords are not required to give the tenant a chance to "cure" the issue—unlike in some other states—unless the lease agreement says otherwise.
Before moving forward, make sure your lease does not include a clause modifying the standard eviction notice period. If it does, that lease agreement may take precedence.
Properly Serving the Notice
Texas law allows several ways to legally serve a 3 Day Notice to Vacate. The most common and compliant methods include:
- Delivering it in person to the tenant.
- Leaving it with someone 16 years or older at the rental unit.
- Placing it inside the residence through a door slot or mail slot.
- Affixing it to the inside of the front door or, if that’s not possible, to the outside (and also mailing a copy).
Avoid relying solely on text messages, emails, or verbal requests—these methods typically don't hold up in court. A printed, dated, and signed notice is best.
To help clarify your legal responsibilities, you may also want to consult our article on How to Evict a Tenant in Texas Legally and Quickly.
What Happens After Serving the Notice
Once served, the tenant has three calendar days—not business days—to vacate the property or settle the matter. If they do neither, you may then file an eviction case, known as a forcible entry and detainer suit, in the appropriate Justice Court.
Keep documentation of how and when the notice was served. Courts often ask for proof during eviction hearings.
Also, check out our post on 3 Day Notice to Vacate: What Landlords Need to Know for further insights.
Common Mistakes to Avoid
Timing and delivery mistakes are among the top reasons evictions get dismissed in court. Avoid these pitfalls:
- Giving more or fewer days than legally allowed.
- Failing to serve the notice properly.
- Not clearly stating the reason for the notice.
Also, if you're trying to evict a Section 8 tenant, there may be additional federal or housing authority rules involved. See our blog on How to Collect Unpaid Rent from Section 8 Tenants for related guidance.
When to Bring in a Collection Agency
If the tenant has vacated but left unpaid rent behind, you’re likely owed hundreds or even thousands of dollars. That’s where Advanced Collection Bureau (ACB) steps in.
ACB helps landlords recover unpaid rent efficiently, legally, and without upfront fees. Our technology, credit reporting process, and skip tracing tools maximize your chance of getting paid—even if the tenant disappears.
Partnering with a debt recovery agency can free up your time and eliminate the stress of chasing money. Visit our Work With Us page to get started.
