What is the legal eviction notice period in Texas?

Full question:

If renting out my private home and I decide to evict the persons in the home because of late rent payment, non-payment of rent or due to the fact I think illegal activity is going on. Persons were arrested due to drug charges. How much notice do I have to give legally. I was told 30 days, and I was told 10 days. In staying wiith Texas law how many days constitute a eviction?

Answer:

In Texas, the notice period for eviction depends on the situation:

  • If the tenant is under a written or oral lease and is late on rent or has not paid, you must provide at least three days' written notice to vacate before filing an eviction suit (Texas Prop. Code § 24.005(a)).
  • If the tenant is a tenant at will or by sufferance, the same three-day notice applies (Texas Prop. Code § 24.005(b)).
  • For tax foreclosure sales, a tenant must receive at least 30 days' notice if the new owner does not wish to continue the lease.

The notice must be delivered in person or by mail to the tenant at the property. If you have previously notified the tenant about unpaid rent, you can include a demand for payment in the notice to vacate (Texas Prop. Code § 24.005(i)).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If you pay rent before the court date, it may prevent the eviction process from proceeding. In Texas, if a tenant pays the overdue rent, the landlord cannot evict them for that non-payment. However, the tenant must ensure the payment is made before the court hearing to avoid judgment against them. It's advisable to keep records of all payments made. If the landlord has already filed for eviction, the tenant should inform the court of the payment to potentially dismiss the case. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*