A Texas lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
| Notice Form | Lease Type |
| 3 Day Notice To Terminate Tenancy | Expired |
| 7 Day Notice To Vacate | Weekly |
| 30 Day Notice To Vacate | Monthly / Yearly |
A Texas 3 Day Notice To Terminate Tenancy terminates an expired oral or written lease. The non-terminating party must receive notice at least three (3) calendar days before the termination date . [1]
A Texas 7 Day Notice To Vacate terminates a week-to-week lease, and unwritten leases where the tenant pays rent weekly. [2] The non-terminating party must receive notice at least seven (7) calendar days before the termination date .
A Texas 30 Day Notice To Vacate form terminates a rental agreement, including month-to-month tenancies. This form may also serve as notice of non-renewal with no lease where rent is paid monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the termination date. [3] Unlike most states, this type of notice does not apply to an expired lease.
To ensure the legal compliance of a lease termination notice:
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered , not when it’s sent.
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). [4] For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
Texas tenants do not have strict requirements on how they must deliver a lease termination notice, except that they must in some cases do so in writing. It is always legally most safe for a tenant to follow the same standards as apply to landlords. A Texas landlord may deliver a lease termination notice using any of these methods: [5]
When posting notices on the exterior of the premises, the notice must be placed in a sealed envelope with the receiving party’s name and address written on it. In addition, the party posting the notice shall write “Important Document” in all capital letters on the envelope affixed to the premises. All notices must be mailed from a post office in the same county as the rental unit. [6]
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.
If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) one month after the day on which the notice is given.
Notice is considered delivered on the date it is served in person to the tenant, affixed to the outside of the door and is deposited in the mail, regardless of the date the notice is received.
The notice period is calculated from the day on which the notice is delivered and shall be posted or mailed not later than 5 p.m. of the same day, in the same county in which the premises in question is located.
Except as provided by Subsection (f-1), 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.
A landlord may deliver the notice by securely affixing to the outside of the main entry door a sealed envelope that contains the notice and on which is written the tenant’s name, address, and in all capital letters, the words “IMPORTANT DOCUMENT” or substantially similar language and, not later than 5 p.m. of the same day, depositing in the mail in the same county in which the premises in question is located a copy of the notice to the tenant if:
(1) the premises has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to affix the notice to vacate to the inside of the main entry door; or
(2) the landlord reasonably believes that harm to any person would result from personal delivery to the tenant or a person residing at the premises or from personal delivery to the premises by affixing the notice to the inside of the main entry door.
