How Much Notice Does a Landlord Have to Give for Unpaid Rent in Texas? (3 Days)

In Texas, a landlord must serve a Notice to Pay Rent or Vacate (3 days) before filing an eviction for unpaid rent. The statute is Tex. Prop. Code § 24.005(a), (f-3) (as amended by S.B. 38, eff. Jan. 1, 2026). In short: At least three days' written notice to pay rent or vacate before a forcible detainer suit, unless the written lease sets a different period.

What Tex. Prop. Code § 24.005(a), (f-3) (as amended by S.B. 38, eff. Jan. 1, 2026) requires

• Notice period: 3 days.
• How the days are counted: The statute fixes at least three days' written notice; the LeaseLenses notice generator excludes the day of delivery and moves a weekend ending to Monday.
• Watch out: If your written lease sets a longer notice period, enter that number of days. If it sets a shorter one, three days is still safe.
• Watch out: A tenant who was not late before this month must get a notice to pay rent or vacate, not a bare notice to vacate; this notice satisfies that.
• Watch out: If the property has a federally backed mortgage or federal housing assistance, the CARES Act's 30-day period runs concurrently and the writ cannot be served before it ends (§ 24.005(c-1)).
• Statute: Tex. Prop. Code § 24.005(a), (f-3) (as amended by S.B. 38, eff. Jan. 1, 2026).

How the notice can be served in Texas

• Hand-delivered to a tenant 16 or older: Hand the notice to any tenant of the premises who is 16 years of age or older.
• Delivered to the inside of the premises in a conspicuous place: Place the notice inside the premises in a conspicuous place, and photograph it.
• Mail or delivery service (adds 5 days before the period starts): First class, registered or certified mail, or a delivery service. The statute does not fix a mailing allowance, so the LeaseLenses notice generator adds five days before the period starts. Hand delivery avoids the delay.
• Electronic delivery (agreed in writing): Only if the parties agreed in writing to electronic notice, including e-mail.

Record the method, the date, and who delivered it. The service date is where the 3-day count begins, and it is the first thing a judge checks.

When the period ends

A notice that miscounts the period, or is filed on before it has run, gets the case dismissed rather than delayed, and the landlord starts over with a fresh notice. Count from the service date under the Texas rule above, add any mailing days for the method used, and file only after the last day has passed.

Frequently Asked Questions

Q: Does the day I serve the notice count as day one in Texas?
A: The statute fixes at least three days' written notice; the LeaseLenses notice generator excludes the day of delivery and moves a weekend ending to Monday. Apply that rule to the service date, then add the mailing allowance if the method calls for one.

Q: Can a Texas landlord serve the notice by mail?
A: Yes. Mail or delivery service adds 5 days. Keep the receipt.

Q: What if the tenant pays some of the rent during the 3 days?
A: Accepting partial payment can affect the notice; read the cautions above before deciding, and put any agreement in writing. When in doubt, a fresh notice is cheaper than a dismissed case.

Sources Checked

• Tex. Prop. Code §§ 92.103–92.109 (the Texas statute cited above)
• Tex. Prop. Code § 24.005(a), (f-3) (as amended by S.B. 38, eff. Jan. 1, 2026) (the Texas notice statute)
• LeaseLenses Texas deposit and notice data set, last reviewed 2026-09-19; the same data powers the Texas document tools
• Texas landlord-tenant overview and the Texas deposit rules page

This page is general legal information for Texas, not legal advice. Statutes change; read the current text before relying on a deadline in court.