*** This example is not a substitute for representation or advice of an attorney ***
NOTICE TO VACATE
Date:____________________
Tenant (s):___________________________________________________________________
Address of rented premises:
____________________________________________________________________________
____________________________________________________________________________
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This is an unconditional demand for possession. Under Texas Property Code Section 24.005
you are hereby given notice to vacate the premises within ____ days after delivery of this notice.
Signed _______________________________ Printed Name: ___________________________
Address:_______________________________________ Telephone No.:_________________
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Pursuant to Texas Property Code § 24.005(f) this notice was: (check all that apply):
_____ given in person to any one of the above named tenant(s) at the rented premises,
_____ personally delivered to any person residing at the premises 16 years of age or older,
_____ affixed to the inside of the main entry door,
_____sent by MAIL to the premises in question: ___ regular ___ registered ___certified
OR
Texas Property Code §24.005(f-1): As an alternative to the procedures of Subsection (f), a
landlord may deliver the notice to vacate by securely affixing to the outside of the main entry
door a sealed envelope that contains the notice and on which is written the tenant's name,
address, and in all capital letters, the words "IMPORTANT DOCUMENT" or substantially
similar language and, not later than 5 p.m. of the same day, depositing in the mail in the same
county in which the premises in question is located a copy of the notice to the tenant IF:
_____ (1) the premises has no mailbox and has a keyless bolting device, alarm system, or
dangerous animal that prevents the landlord from entering the premises to affix the notice to
vacate to the inside of the main entry door; or
_____(2) the landlord reasonably believes that harm to any person would result from
personal delivery to the tenant or a person residing at the premises or from personal delivery
to the premises by affixing the notice to the inside of the main entry door.
Texas Property Code §24.005(f-2): Notice to vacate under Subsection (f-1) is considered
delivered on the date the envelope is affixed to the outside of the door and is deposited in the
mail, regardless of the date the notice is received.
(g) The notice period is calculated from the day on which the notice is delivered.
Notice was given/sent on _________ day of _____________________, 20_____.
Texas Property Code Sec. 24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT. (a) If the occupant is a
tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end
of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible
detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. A landlord
who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period
must also comply with the tenancy termination requirements of Section 91.001.
(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days' written notice to
vacate before the landlord files a forcible detainer suit unless the parties have contracted for a shorter or longer notice period in
a written lease or agreement. If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien
superior to the tenant's lease and the tenant timely pays rent and is not otherwise in default under the tenant's lease after
foreclosure, the purchaser must give a residential tenant of the building at least 30 days' written notice to vacate if the purchaser
chooses not to continue the lease. The tenant is considered to timely pay the rent under this subsection if, during the month of
the foreclosure sale, the tenant pays the rent for that month to the landlord before receiving any notice that a foreclosure sale is
scheduled during the month or pays the rent for that month to the foreclosing lienholder or the purchaser at foreclosure not later
than the fifth day after the date of receipt of a written notice of the name and address of the purchaser that requests payment.
Before a foreclosure sale, a foreclosing lienholder may give written notice to a tenant stating that a foreclosure notice has been
given to the landlord or owner of the property and specifying the date of the foreclosure.
(c) If the occupant is a tenant of a person who acquired possession by forcible entry, the landlord must give the person at least
three days' written notice to vacate before the landlord files a forcible detainer suit.
(d) In all situations in which the entry by the occupant was a forcible entry under Section 24.001, the person entitled to
possession must give the occupant oral or written notice to vacate before the landlord files a forcible entry and detainer suit.
The notice to vacate under this subsection may be to vacate immediately or by a specified deadline.
(e) If the lease or applicable law requires the landlord to give a tenant an opportunity to respond to a notice of proposed
eviction, a notice to vacate may not be given until the period provided for the tenant to respond to the eviction notice has
expired.
(f) Except as provided by Subsection (f-1), the notice to vacate shall be given in person or by mail at the premises in question.
Notice in person may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older
or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by
regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question.
(f-1) As an alternative to the procedures of Subsection (f), a landlord may deliver the notice to vacate by securely affixing to
the outside of the main entry door a sealed envelope that contains the notice and on which is written the tenant's name, address,
and in all capital letters, the words "IMPORTANT DOCUMENT" or substantially similar language and, not later than 5 p.m. of
the same day, depositing in the mail in the same county in which the premises in question is located a copy of the notice to the
tenant if:
(1) the premises has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the
landlord from entering the premises to affix the notice to vacate to the inside of the main entry door; or
(2) the landlord reasonably believes that harm to any person would result from personal delivery to the tenant or a person
residing at the premises or from personal delivery to the premises by affixing the notice to the inside of the main entry door.
(f-2) Notice to vacate under Subsection (f-1) is considered delivered on the date the envelope is affixed to the outside of the
door and is deposited in the mail, regardless of the date the notice is received.
(g) The notice period is calculated from the day on which the notice is delivered.
(h) A notice to vacate shall be considered a demand for possession for purposes of Subsection (b) of Section 24.002.
(i) If before the notice to vacate is given as required by this section the landlord has given a written notice or reminder
to the tenant that rent is due and unpaid, the landlord may include in the notice to vacate required by this section a
demand that the tenant pay the delinquent rent or vacate the premises by the date and time stated in the notice.
Amended by: Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 1, eff. January 1, 2016.