# Texas — Eviction notice periods for nonpayment of rent by US state — how long a landlord must wait, quoted from the state statute

For Texas, notice period is 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; notice period in days is 3; statute is Tex. Prop. Code § 24.005(a), recorded from its source on 2026-09-02.

- **State:** Texas _(our reading, not quoted from the source)_
- **Notice 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 _(verified: appears in the quote below)_
- **Notice period in days:** 3 _(our reading, not quoted from the source)_
- **Right to cure by paying:** Only through the form of the notice. Where possession is terminated solely for nonpayment and the tenant was not late before that month, the notice “shall be given in the form of a notice to pay rent or vacate”; § 24.005 states no separate right to reinstate the lease by paying. _(our reading, not quoted from the source)_
- **Statute:** Tex. Prop. Code § 24.005(a) _(our reading, not quoted from the source)_

## What the source says

> 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.

## Source

- https://codes.findlaw.com/tx/property-code/prop-sect-24-005/

Last verified: 2026-09-02. Review by: 2027-09-02.
Part of [Eviction notice periods for nonpayment of rent by US state — how long a landlord must wait, quoted from the state statute](https://referencesource.org/eviction-notice-periods-for-nonpayment-by-state/).