Texas Notice to Quit

Texas Notice to Quit - Why is it important?

You can use the notice to quit form to end your Texas Residential Lease if the tenant has failed to pay rent. The Texas Notice to Quit Form should not be confused with the "Writ of Possession" (read more about Texas eviction notice) which is issued by the courts. The Notice to Quit Form is the beginning of the eviction process, and it communicates the intention to initiate eviction proceedings if a tenant does not comply with an order and remains on the premises beyond the specified date. If the tenant does not comply with the notice (for example they must pay rent or quit the lease and vacate the premises), you may be forced to take legal action to have the tenant removed from the property. If the notice has been ignored by the tenant and the move out date in the notice has passed, you have grounds to bring forth a lawsuit for “unlawful detainer”, in which case the tenant has the option to fight the eviction in court.

• Serving a Notice to Quit is one of the first steps Texas property management companies can take to regain possession of rental property from the tenant.

• Texas Notice to Quit notifies tenants they have violated the terms of the lease agreement and must vacate the premises within a certain period of time if they cannot comply with the remedy order.

Texas Notice to Quit – When should it be used?

Before filing an eviction lawsuit in Texas, a landlord must serve a Notice to Vacate (commonly referred to as a Notice to Quit). This notice informs the tenant that they must vacate the rental property by a specific deadline. Texas law does not automatically require a “comply or quit” opportunity unless the lease provides that option.

• First Step in Eviction: A Notice to Vacate is generally the first legal step a landlord must take in Texas before filing an eviction (forcible detainer) case in court.
• Violation Notification:  The notice informs the tenant that they must vacate the property by a specified date due to nonpayment, lease violation, or termination of tenancy. Texas law does not require landlords to allow tenants to remedy the violation unless the lease agreement states otherwise.
• Legal Requirement: Texas law requires landlords to properly serve a written Notice to Vacate before filing an eviction lawsuit. Failure to provide proper notice may result in dismissal of the case.
• Common Reasons: A Texas Notice to Vacate is commonly issued for nonpayment of rent, material lease violations, unlawful activity, property damage, unauthorized occupants, or lease expiration.
• Notice Periods: 3-day notice to pay rent or quit for nonpayment of rent. 30-day notice to terminate a month-to-month tenancy without cause.
• Tenant’s Right to Cure:  Texas law does not automatically grant tenants the right to cure nonpayment or lease violations. The right to remedy the issue exists only if the lease agreement provides that option.

Property managers can use property management software to track each individual Texas rental lease and make sure their tenants are paying the correct amount of rent and on time.

Texas Notice to Quit – What should be included?

The Texas Notice to Quit Form must contain the reason for serving the Notice to Quit and the amount of time the tenant has. The problem must be clearly stated on the notice, so the tenant has reasonable awareness and can either correct the issue, or vacate the rental property. Here are some of the basic details that should be included if the rental property is in Texas:

1. Address of the Rental Property: Full legal address, including unit number if applicable.
2. Name of Tenant and Other Persons: Full legal names of all tenants and other individuals required to vacate.
3. Date of the Notice: The date when the Notice to Quit is issued.
4. Landlord or Property Manager's Name: The full name or legal business name of the landlord or entity issuing the notice.
5. Notice Period: Clearly specify the notice duration (e.g., 3 days for nonpayment & and 30 days for termination of month-to-month tenancies).
6. Move-Out Date (Vacate Date): The exact date by which the tenant must vacate the property.
7. Reason for Lease Termination: Clearly state the reason (e.g., nonpayment, lease violation).
8. Signature of Party Giving Notice: The signature of the landlord or tenant, depending on who is initiating the notice.
9. Legal Disclaimer: A statement confirming compliance with Texas Civil Code and specifying that the notice may not be valid outside Texas.

Texas Notice to Quit – What should I do with it?

The Notice to Quit Form must be “served” to the tenant by either Personal Service or Mail Service. In some states you can leave it at the rental property right on the front door, but in most cases it is better for you to have an independent party take two copies of the Texas Notice to Quit to the rental property, give one to the tenant in person, and get their signature on second copy so that you can retain for your records. If you are mailing the Notice to Quit, you should send the Texas Notice to Quit Form using First Class Certified Mail and retain the receipt.

Texas Notice to Quit – What else should I know?

There are generally three types of Texas Notice to Quit Forms. The Texas Notice to Quit for Nonpayment of Rent can be used when rent is not paid, and the tenant may be given a short period to either pay up or move out. The Texas Notice to Quit Form for Termination of Tenancy is similar to the Texas Notice to Vacate Form and can be used to inform the tenant to leave after the lease is up (common with month to month leases in Texas), or if there is no lease and you just want the tenant to leave. It is different from the Texas Lease Termination Form, which terminates the Texas Lease Agreement when there are other breaches in contract. The Texas Notice to Quit Form for Health Hazard and Physical Injury should be used if the tenant creates a health hazard or physical injury to the property which is serious or continuing. These forms must be detailed and specific, because an inaccurate or incomplete statement of the problems could cause a later eviction complaint to be dismissed.

After receiving the Notice to Quit, the amount of time a tenant has until they have to comply or vacate the property will vary by state, so you should be sure to check with the laws in Texas. In some states, tenants are given a 30 Day Notice to Quit, while in other states, a 3 Day Notice to Quit is acceptable.

Key Terms & Provisions

A Texas Notice to Quit is a legal document used by either a landlord or a tenant to formally notify the other party that they intend to end the Rental Agreement. It must comply with Texas Civil Code and be delivered in a legally acceptable way:

• Date of Notice – The specific calendar date when the notice is issued.
• Names of All Parties Involved – Full legal names of the tenant(s) and landlord/property manager.
• Rental Property Address – Full legal address and unit description.
• Notice Period: Clearly state the notice length.
• Move-Out Date
• Reason for Termination
• Signature of Party Giving Notice: Landlord’s or tenant’s signature depending on who is initiating the notice.
• Legal Disclaimer: A statement acknowledging that the form complies with Texas Civil Code and may not be valid outside Texas.

Why Texas Landlords & Property Managers Choose SimplifyEm Notice to Quit Template?

We understand the importance of handling lease terminations legally and efficiently in Texas. That’s why our Texas Notice to Quit Template is designed to simplify the process and reduce legal risk. Here’s why landlords and property managers trust SimplifyEm’s template:

• Legally Compliant – Our Notice to Quit form is up-to-date with Texas Civil Code and local laws, ensuring your notices are valid and enforceable.
• Flexible Notice Periods – The template supports legally required Texas notice timelines, such as 3 days to cure lease violations, and 30 days for termination of month-to-month tenancies, depending on the situation.
• Simple & User-Friendly – Designed for ease of use, our template allows landlords to quickly fill in essential details and issue notices accurately.
• Helps Prevent Disputes – Clear language and proper documentation reduce the risk of misunderstandings or legal challenges during move-out.
• Trusted by Thousands – SimplifyEm is a top-rated provider of property management tools, trusted by property owners nationwide.

Why choose us