August 22, 2025

Texas 3 Day Notice to Vacate Requirements

Legal guidelines for delivering a 3 day notice in Texas.

When a tenant fails to pay rent or violates the lease in Texas, one of the first legal steps a landlord must take is serving a 3 day notice to vacate. This notice is not just a formality—it is a crucial, legally required step in the eviction process. If it's not handled correctly, it can delay your ability to regain possession of your property or recover unpaid rent.

Understanding the specific requirements for a Texas 3 day notice to vacate ensures your actions are legally enforceable and protects your rights as a landlord. At Advanced Collection Bureau (ACB), we work with property owners across Texas to help them recover unpaid rent, but proper legal notice is often where that process begins.

What Is a 3 Day Notice to Vacate in Texas?

A 3 day notice to vacate is a formal written document given to a tenant informing them that they have three days to move out of the rental property. This is typically issued when a tenant fails to pay rent, violates the lease terms, or engages in illegal activity on the premises.

Texas law under Texas Property Code Section 24.005 outlines the requirements for this notice. After the three days expire, and if the tenant has not vacated, the landlord can file an eviction suit (called a forcible detainer suit) in court.

How to Serve the Notice Correctly

The notice must include specific information, such as:

The date it was issued.
A clear statement that the tenant has three days to vacate the premises.
The address of the property in question.
Instructions about what will happen if the tenant does not comply.

The law does not require landlords to provide an opportunity for the tenant to cure (e.g., pay overdue rent) unless stated in the lease. The notice can simply demand that the tenant vacate.

Landlords can deliver the notice in person, by mail, or by posting it on the inside of the front door. If personal delivery is not possible, it may be affixed to the outside of the main entry door, along with a mailed copy.

For more on compliant delivery, see How to Serve an Eviction Notice Properly, which outlines best practices across different states.

Important Legal Timing and Weekends

The three days given in the notice do not include the day of delivery. Also, if the third day falls on a weekend or legal holiday, the deadline moves to the next business day.

Landlords must wait for the three-day period to expire before filing for eviction. Filing too soon can cause the court to dismiss the case, requiring the entire process to start over.

If the lease allows for a longer or shorter notice period, Texas law permits landlords and tenants to agree to different timelines. But unless your lease says otherwise, three days is the default.

For more tips on documenting communication with tenants, visit The Importance of Proper Move-Out Documentation in Debt Recovery.

What Happens After the Notice Period?

If the tenant hasn’t moved out within three days, the landlord can file an eviction case at the local Justice of the Peace court. This process typically moves quickly in Texas, and hearings are often scheduled within one to two weeks of filing.

Once a judgment is granted in the landlord’s favor, the court can issue a writ of possession allowing the constable to physically remove the tenant. At that point, landlords can pursue unpaid rent through civil claims or partner with a professional collection agency like ACB.

To learn how unpaid rent can be collected after eviction, see How Apartment Debt Collection Works.

Serve Smart, Collect Better

The Texas 3 day notice to vacate is a small document with big consequences. Serving it correctly can set the tone for a smooth eviction process or efficient rent recovery. Skipping steps or rushing the process often leads to court delays or legal frustration.

Whether you're dealing with chronic non-payment or a one-time lease violation, ACB is here to support you after the notice period ends. We help landlords throughout Texas recover unpaid rent using legally compliant, proven collection strategies.

Start your recovery process with Advanced Collection Bureau today.
https://www.advancedcb.com/work-with-us

‍

Recover More.
Stress Less.

Unpaid debts should not slow down your business.

We specialize in professional and compliant debt recovery, helping you maximize recoveries while maintaining strong customer relationships.

Our risk-free, results-driven approach ensures you only pay when we collect.

Get in Touch

When a tenant fails to pay rent or violates the lease in Texas, one of the first legal steps a landlord must take is serving a 3 day notice to vacate. This notice is not just a formality—it is a crucial, legally required step in the eviction process. If it's not handled correctly, it can delay your ability to regain possession of your property or recover unpaid rent.

Understanding the specific requirements for a Texas 3 day notice to vacate ensures your actions are legally enforceable and protects your rights as a landlord. At Advanced Collection Bureau (ACB), we work with property owners across Texas to help them recover unpaid rent, but proper legal notice is often where that process begins.

What Is a 3 Day Notice to Vacate in Texas?

A 3 day notice to vacate is a formal written document given to a tenant informing them that they have three days to move out of the rental property. This is typically issued when a tenant fails to pay rent, violates the lease terms, or engages in illegal activity on the premises.

Texas law under Texas Property Code Section 24.005 outlines the requirements for this notice. After the three days expire, and if the tenant has not vacated, the landlord can file an eviction suit (called a forcible detainer suit) in court.

How to Serve the Notice Correctly

The notice must include specific information, such as:

The date it was issued.
A clear statement that the tenant has three days to vacate the premises.
The address of the property in question.
Instructions about what will happen if the tenant does not comply.

The law does not require landlords to provide an opportunity for the tenant to cure (e.g., pay overdue rent) unless stated in the lease. The notice can simply demand that the tenant vacate.

Landlords can deliver the notice in person, by mail, or by posting it on the inside of the front door. If personal delivery is not possible, it may be affixed to the outside of the main entry door, along with a mailed copy.

For more on compliant delivery, see How to Serve an Eviction Notice Properly, which outlines best practices across different states.

Important Legal Timing and Weekends

The three days given in the notice do not include the day of delivery. Also, if the third day falls on a weekend or legal holiday, the deadline moves to the next business day.

Landlords must wait for the three-day period to expire before filing for eviction. Filing too soon can cause the court to dismiss the case, requiring the entire process to start over.

If the lease allows for a longer or shorter notice period, Texas law permits landlords and tenants to agree to different timelines. But unless your lease says otherwise, three days is the default.

For more tips on documenting communication with tenants, visit The Importance of Proper Move-Out Documentation in Debt Recovery.

What Happens After the Notice Period?

If the tenant hasn’t moved out within three days, the landlord can file an eviction case at the local Justice of the Peace court. This process typically moves quickly in Texas, and hearings are often scheduled within one to two weeks of filing.

Once a judgment is granted in the landlord’s favor, the court can issue a writ of possession allowing the constable to physically remove the tenant. At that point, landlords can pursue unpaid rent through civil claims or partner with a professional collection agency like ACB.

To learn how unpaid rent can be collected after eviction, see How Apartment Debt Collection Works.

Serve Smart, Collect Better

The Texas 3 day notice to vacate is a small document with big consequences. Serving it correctly can set the tone for a smooth eviction process or efficient rent recovery. Skipping steps or rushing the process often leads to court delays or legal frustration.

Whether you're dealing with chronic non-payment or a one-time lease violation, ACB is here to support you after the notice period ends. We help landlords throughout Texas recover unpaid rent using legally compliant, proven collection strategies.

Start your recovery process with Advanced Collection Bureau today.
https://www.advancedcb.com/work-with-us

‍

Recover More.
Stress Less.

Unpaid debts should not slow down your business.

We specialize in professional and compliant debt recovery, helping you maximize recoveries while maintaining strong customer relationships.

Our risk-free, results-driven approach ensures you only pay when we collect.

Get in Touch

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