If you’re a Texas landlord dealing with a tenant who hasn’t paid rent, issuing a proper 3 day eviction notice in Texas is the critical first step before filing for eviction. I’ve drafted hundreds of these notices over the past decade for property owners and management companies across the state, and I know exactly how expensive it is to pay an attorney $250–$400 just for a simple Texas 3 day notice to vacate form. That’s why I’m giving away my battle-tested, attorney-reviewed template completely free.
In this guide you’ll download the exact 3 day notice to pay or quit form I use with my own rental properties and clients, learn step-by-step how to fill it out correctly under Texas Property Code § 24.005, avoid the most common mistakes that get cases dismissed in JP court, and understand when you can (and cannot) use this notice.
Download your free Texas 3 day eviction notice PDF and Word template at the bottom of this page.
A 3 day notice to vacate Texas – officially called a “Notice to Vacate for Nonpayment of Rent” – is a written demand that gives the tenant three full days to either pay all past-due rent or move out. Texas Property Code § 24.005 requires this written notice before you can file an eviction suit (forcible detainer) in Justice of the Peace court.
Key points from the statute (source: Texas Property Code § 24.005 and IRS.gov for federal CARES Act overlap when applicable):
You can serve a 3 day eviction notice Texas when:
Download Free Texas 3 Day Eviction Notice PDF
Also available in editable Word .docx
Updated for 2025 – complies with Texas Property Code § 24.005, § 92.019, and current case law (2024–2025).
Here’s exactly how I complete every landlord 3 day notice to survive challenges in court:
| Section | What to Write | Common Mistake |
|---|---|---|
| Date | Date you are preparing/sending the notice | Back-dating or post-dating |
| Tenant Names | Every adult on the lease + “and all other occupants” | Missing one tenant = case dismissed |
| Property Address | Full address including unit # | Wrong address voids notice |
| Amount Due | Only rent + allowable fees stated in lease | Including utilities or unapproved fees |
| Deadline | “on or before the 3rd day after this notice is delivered” | Saying “within 3 days” – courts hate this |
| Delivery Method | Check hand-delivery, certified mail, or posted + mailed | Not keeping proof of delivery |
Here is the core paragraph I use verbatim in every Texas notice to vacate for unpaid rent:
“You are hereby notified that you have failed to pay rent in the total amount of $____ due for the period(s) of __________. Demand is hereby made that you pay the full amount owed or vacate and surrender possession of the premises on or before the third day after delivery of this notice. If you fail to pay or vacate by that date, legal proceedings will be instituted against you to recover possession, unpaid rent, attorney’s fees, court costs, and other damages allowed by law.”
Texas Property Code § 24.005 allows three methods – I always use at least two for bulletproof proof:
Can I charge late fees in the 3 day notice?
Only if the lease specifically allows it and you have charged them consistently.
Do weekends count in the 3 days?
Yes – the three days are calendar days unless the last day falls on weekend/holiday (then extended to next business day for filing only).
Can the tenant stop eviction by paying on day 3?
Yes – if they pay everything demanded before you file, you must accept and cannot proceed (unless lease has “no waiver” clause).
Click Here – Free Texas 3 Day Notice to Vacate PDF (2025)
Disclaimer: This Texas 3 day eviction notice form is provided for informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. Always consult a licensed Texas attorney or your local Justice of the Peace court before serving any eviction notice.
Need the Spanish version or a 3-day notice for reasons other than nonpayment? Let me know in the comments – I’ll add them next week.