NOTICE TO VACATE BECAUSE OF EMPLOYMENT TERMINATION

(Name of all employee)

(Street address and dwelling unit number, if

applicable)

Date

Re: Notice to vacate because of employment termination by owner or

owner’s representative

(City, State, Zip)

Dear :

Your right of occupancy was contingent on your continued employment by the dwelling unit’s ownership or management. Since your

employment has been terminated either by you or us, this constitutes a breach of your lease, and you no longer have a right to occupy the

dwelling.

This notice is a demand for possession of the unit, and you are given notice to vacate the premises on or before 11:59 p.m. on

(date). If you fail to move out by that time, we will file an eviction against you in Justice of the

Peace court in compliance with applicable laws and rules. The court will then schedule a hearing to consider the facts in the case. Delay or

postponement by us to take such action does not waive our rights. This notice to vacate is unconditional.

Date notice was given Signature of owner’s representative

Printed name

Phone number

Email address

CAUTION: New state, local or federal laws, rules or orders may impact requirements regarding content and delivery of this notice. Carefully read the commentary to this form and

consider seeking legal counsel.

Commentary. All persons that live on your property, whether employees or not, unless under 18, should have signed a lease. You may also address how

employment affects the lease and possession rights in an addendum to the lease and in special provisions to the lease. Include an immediate termination of

possession rights clause in a written lease or agreement with an employee.

The notice to vacate is mandatory. A copy must be introduced into evidence at the eviction trial. It is best to personally deliver the notice to the resident. If the

notice is mailed, the return receipt from certified mail must be available as evidence. If the resident fails to accept or pick up a certified letter, the notice is still

valid. Section 24.005(f-i) of the Property Code allows a notice to vacate to be posted on the outside of a dwelling’s main entry door, in certain circumstances.

Posting on the outside of the door is permitted when: (1) the dwelling has no mailbox and a keyless bolting device, alarm system or dangerous animal prevents

entry; or (2) the owner reasonably believes harm to a person would result from personal delivery. An owner should consider filling out the REDBOOK form “Proof

of Delivery of Notice to Vacate to Resident” in conjunction with notice.

If an owner posts a notice on the outside of a door per the Property Code, it must contain the words “IMPORTANT DOCUMENT” on the face of the envelope. A

copy of the notice must also be placed in the mail in the county in which the property is located by 5 p.m. the same day the notice is posted. The owner should

never terminate the “lease.” Instead, the owner should only terminate the resident’s “right of occupancy” and/or “right of possession.” This notice to vacate form

can also be used if a resident fails to pay a bill for allocated/submetered utilities or if electricity is prematurely transferred back into the owner’s name by the

resident. The three-day statutory notice requirement does not apply when the parties have contracted by written lease for a shorter or longer period. Under

paragraph 32.2 of the TAA Lease Contract and Section 24.005 of the Texas Property Code, the owner can give 24 hours written notice. See Section 24.005 of

the Texas Property Code.

For properties participating in Texas Department of Housing and Community Affairs (TDHCA) programs, owners should be aware that TDHCA has promulgated

a rule requiring certain items in any non-renewal or termination notice allowed under program rules. Under the rule, owners must provide: (1) the specific reason

for the termination or non-renewal; (2) information on residents’ rights under the Violence Against Women Act (VAWA), if the development is subject to VAWA;

(3) information on how a person with a disability may request a reasonable accommodation in relation to such a notice; and (4) information on the appeals

process if one is used by the property. See 10 TAC 10.610 (Tenant Selection Criteria)

Texas Apartment Association