Below is a eviction notice in Texas you can download for free in PDF and Microsoft Word. The document is structured the way practitioners structure it — not the way a marketing site structures it for SEO. The guide that follows the download buttons explains the choices behind the structure and the variations that matter for landlord-tenant disputes.
This page provides a free, Texas-compliant Eviction Notice template in both PDF and Microsoft Word format. The template incorporates Texas-specific statutory references, mandatory disclosures, and best-practice provisions. Download the version that fits your workflow, customize the bracketed fields, and execute according to the signing instructions below.
A Concrete Example
A tenant in Texas stops paying on the first of the month. On the fifth, the landlord serves a pay-or-quit notice. Under Texas law, the tenant has 3-14 days (depending on the state) to either pay in full or vacate. If they do neither, the landlord files an unlawful detainer / dispossessory action in housing court. From notice service to writ of possession typically runs 30-60 days for uncontested cases, 90-180 days for contested ones.
The single most common reason eviction actions are dismissed: the pay-or-quit notice was defective. Wrong cure period (used 3 days where 7 was required), demanded the wrong amount (included late fees on top of rent when state law requires demanding rent only), or was improperly served. Each of those is grounds for dismissal — which then forces the landlord to start over from a new notice, losing weeks. The template below uses the right format for each state, with proper service certifications attached.
Texas Eviction Notice: Legal Framework
Texas eviction notices are governed by Texas Property Code Chapter 24:
- Notice to Vacate (§24.005): The standard pre-eviction notice. Default period is 3 days, but the lease may specify a shorter (not less than 1 day) or longer period.
- Tenant at Will (§24.005(b)): A holdover tenant or tenant at will gets the lease-specified notice period, default 3 days.
- Service Methods (§24.005(f)): Personal delivery, posting on the inside of the main entry door, mailing by regular mail and certified mail.
- Reason for Termination: Texas does NOT require the landlord to state a reason for terminating a month-to-month tenancy. The notice need only state the deadline to vacate.
- Filing Suit: If the tenant does not vacate by the deadline, the landlord may file an eviction suit in justice court (small claims).
Key Provisions to Include
- Tenant identification. Full name of every tenant on the lease. Missing a tenant invalidates the notice as to that tenant.
- Property address. Complete address including unit number.
- Reason for notice. Specify the ground — non-payment, lease violation, holdover, etc. State the statutory subsection.
- Amount due (if non-payment). Exact rent owed, with no inclusion of late fees, interest, attorney fees, or charges other than rent (states differ on what may be demanded with rent).
- Cure period. The exact deadline for cure or vacancy, expressed as a specific date if possible.
- Landlord contact information. Address and phone where the tenant may deliver rent or cure.
- Service certification. Method, date, and time of service, signed by the person who served the notice.
- Signature. Landlord’s or property manager’s signature and date.
Common Mistakes to Avoid
- Including non-rent charges in a pay-or-quit notice. Most states limit the demand to rent only. Including late fees or other charges invalidates the notice.
- Miscounting the cure period. Calendar days vs. court days, weekends and holidays, and the date of service vs. expiration all matter. Off-by-one is fatal.
- Improper service. Personal delivery is always preferred. Posting alone is rarely sufficient without proof the tenant could not be located.
- Filing the eviction action before the notice expires. Premature filing requires dismissal and re-service.
- Accepting partial payment. In most states, accepting partial rent waives the right to evict for non-payment of that period. Have a written agreement before accepting partial payment.
- Self-help. Changing locks, removing tenant property, or shutting off utilities is illegal in every state and exposes the landlord to substantial damages.
- Wrong notice type for the ground. A 3-day pay-or-quit cannot be used for a lease violation; a 30-day no-fault notice cannot be used to evict for non-payment.
Frequently Asked Questions
What is the difference between a notice to quit and an eviction?
The notice is the pre-litigation demand. The eviction (unlawful detainer / summary process / Housing Court action) is the court case the landlord files if the tenant does not cure or vacate by the notice deadline.
Can a landlord evict without a court order?
No. Self-help eviction — changing locks, removing belongings, shutting off utilities — is illegal in every U.S. state. Only a sheriff or marshal acting on a court-issued writ may physically remove a tenant.
How long does the entire eviction process take?
It varies dramatically by state. Texas and Florida summary proceedings can take 21-45 days from notice to writ of possession. California typically takes 45-90 days. New York can take 6-12 months in NYC Housing Court.
Can I evict for non-payment if the tenant pays after the notice expires?
Generally, if the tenant pays the full demanded amount within the cure period, you must accept it and dismiss the action. Acceptance after expiration but before filing is usually treated as waiver.
Does the tenant have a right to a jury trial?
In most states, yes, for unlawful detainer / eviction cases, but the tenant must affirmatively demand jury trial and may have to post a bond.
Can I evict during a lease term for non-payment?
Yes. The lease term does not protect the tenant from eviction for material breach of the lease, including non-payment of rent.
What if my tenant is military?
The federal Servicemembers Civil Relief Act (SCRA) provides protections — leases can be terminated on PCS orders, and evictions of active-duty military or their dependents require court approval and a stay if the service member’s rights are materially affected.
Do I need a lawyer to evict?
Many states allow landlords to file eviction actions pro se, particularly in small claims or justice court. For commercial evictions, complex disputes, or cases with multiple tenants, an attorney is recommended.
Download the Free Texas Eviction Notice
Both versions below are the same Texas-compliant document, formatted for different workflows. The PDF is ready to print and execute. The Word version is editable in Microsoft Word, Google Docs, or LibreOffice.
Final note: nothing on this page is legal advice. The template reflects the current consensus best practice in U.S. law as of the publication date, but state-specific rules can differ in ways that matter. For routine, small-dollar uses, the template is usually sufficient. For anything where the downside risk exceeds a few thousand dollars, paying for an attorney review is the cheapest insurance you can buy.
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