How to serve a notice to vacate in Texas: four listed methods, the actual-receipt rule and the three-day default
Since January 1, 2026, Texas Property Code 24.005(f-3) lists the ways to deliver a notice that must precede an eviction suit: mail (including first class, registered, certified or a delivery service), delivery to the inside of the premises in a conspicuous place, hand delivery to any tenant of the premises who is at least 16, or electronic communication if the parties agreed in writing. Under (f-4), the list does not apply if the tenant actually receives the notice.
What methods does section 24.005 allow?
- Mail, "including first class mail, registered mail, certified mail, or a delivery service."
- Delivery to the inside of the premises, in a conspicuous place.
- Hand delivery to any tenant of the premises who is 16 years of age or older.
- Electronic communication, including e-mail, "if the parties have agreed in writing."
Several older subsections of this section were repealed effective January 1, 2026 (S.B. 38), so work from the current text, not an old form. Subsection (f-3) lists delivery to the inside of the premises, not the outside of the door. Subsection (f-4) adds the safety valve: if the tenant actually receives the notice, the method list does not matter.
How long a notice, and how do you count?
Section 24.005(a): the landlord must give a tenant who defaults or holds over "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." When the sole basis is nonpayment and the tenant was not late before the month the notice is given, the notice must take the form of a notice to pay rent or vacate. If the tenant was late before that month, either a pay-or-vacate notice or a vacate notice can be used.
Example a made-up Dallas owner hand delivers a notice to vacate to an adult tenant on Monday, May 3, with no different period in the lease. Three days' notice means the suit can be filed no earlier than Thursday, May 6. The statute does not say business days, so the weekend does not pause the count; if the lease says 5 days, May 8 is the earliest date.
Does mail add days?
Section 24.005 as read does not add days for mail or say when a mailed notice counts as delivered. Add your own cushion: mail early enough that, even with a few days in transit, you still give the full period before you file, and keep the tracking record. Hand delivery to a tenant 16 or older avoids the question.
Keep a dated copy of the notice, proof of how it was sent or handed over, and a note of who received it. Those three items are what you show a court.
Does this cover every Texas notice?
No. Section 24.005 covers the notice before an eviction suit. Other Texas notices have their own delivery rules; the ending of a month-to-month tenancy under Property Code 91.001 requires "giving notice of termination," and a lease can set another period in a signed agreement. When a statute is silent on method, write the method into the lease and follow it.
How DoorKeeping helps in Texas
DoorKeeping keeps each lease's notices, dates and ledger together, so you can ask Claude or ChatGPT what notice a tenant has been given and when the clock ends. Any notice waits for your one-tap approval before it goes out. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice: check the current statute and your own lease.
Sources
Questions
- How can a Texas landlord deliver a notice to vacate?
- By mail, delivery inside the premises in a conspicuous place, hand delivery to a tenant 16 or older, or electronic communication if agreed in writing (Prop. Code 24.005(f-3)).
- Can a Texas landlord post a notice on the outside of the door?
- The current section lists delivery to the inside of the premises, not the outside of the door. Check the text in effect since January 1, 2026.
- How many days notice before a Texas eviction suit?
- At least three days' written notice to vacate unless a written lease or agreement sets a shorter or longer period (24.005(a)).