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Texas Property Code - Section 24.005. Notice To Vacate Prior To Filing Eviction Suit

Legal Research Home > Texas Laws > Property Code > Texas Property Code - Section 24.005. Notice To Vacate Prior To Filing Eviction Suit

§ 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)  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.  If the 
dwelling has no mailbox and has a keyless bolting device, alarm 
system, or dangerous animal that prevents the landlord from 
entering the premises to leave the notice to vacate on the inside of 
the main entry door, the landlord may securely affix the notice on 
the outside of the main entry door.
	(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.

Acts 1983, 68th Leg., p. 3515, ch. 576, § 1, eff. Jan. 1, 1984.  
Amended by Acts 1985, 69th Leg., ch. 891, § 1, eff. Sept. 1, 
1985;  Acts 1989, 71st Leg., ch. 688, § 3, eff. Sept. 1, 1989;  
Acts 1997, 75th Leg., ch. 1205, § 2, eff. Sept. 1, 1997.

Last modified: August 11, 2007