Texas Eviction Notice Rules: 30-Day vs. 7-Day Explained

If you’re renting in Texas, receiving an eviction notice can be stressful and confusing. Understanding whether your landlord can give you a 30-day or 7-day notice – and what each means – is important to protect your rights. Texas law sets out specific rules for how and when these notices should be used. This guide aims to make the process clear, so you know what to expect and how to respond if you get served with an eviction notice in Texas.

What Is an Eviction Notice in Texas?

An eviction notice is a formal written demand from your landlord asking you to move out or fix a lease violation. In Texas, these notices must follow strict legal rules under the Texas Property Code, Chapter 24. The correct notice period usually depends on the reason for eviction and the terms in your lease.

Common Types of Eviction Notices: 3-Day, 7-Day, and 30-Day

While 3-day notices are common in Texas for most evictions, you may see 7-day or 30-day notices depending on your rental situation:

• 3-Day Notice: The most typical notice for lease violations or nonpayment of rent
• 7-Day Notice: Less common but sometimes used for certain weekly tenancies or in mobile home parks
• 30-Day Notice: Used for ending a month-to-month lease when there is no lease violation

The specific notice should be clearly written and delivered according to Texas law. The clock usually starts once you receive the notice.

30-Day Notice: When Is It Used?

A 30-day notice is used to terminate a month-to-month rental agreement when neither you nor your landlord has broken any lease rules. This is called a "no cause" termination. Your landlord does not have to give you a reason for non-renewal, but they must provide at least 30 days’ written notice before your rental period ends.

• Applies to month-to-month or week-to-week tenants without a fixed end date
• Should be delivered in writing, dated, and specify your move-out deadline
• If your lease says another notice period, Texas law will enforce what your lease states, but 30 days is most common

For more information, see the Texas Attorney General’s overview of tenants’ rights.

7-Day Notice: When Does It Apply?

In Texas, 7-day notices are rare but may apply if:

• You rent week-to-week (rare but possible)
• Your rental agreement or a special law allows it, such as in some mobile home communities

For most traditional rental agreements, landlords must provide at least 3 days’ notice unless your lease says otherwise. Some mobile home tenancies have different protections and may require 60-day notices per Texas Property Code, Chapter 94.

Sample Official Forms for Notices

• Notice to Vacate (No standard state form number)
  • Used by a landlord to give you the required written notice before filing for eviction
  • Includes the move-out date, amount of rent due (if any), and reason for notice
  • Landlords must deliver it personally, by mail, or post it according to law
  • There is no mandatory statewide form, but examples can be found from county courts. See Texas Judicial Branch Forms for reference

What Happens Next?

If you do not move out by the date in the notice, your landlord may file for eviction (also known as a "forcible detainer" lawsuit) at your local Justice of the Peace Court. This is the tribunal that hears residential landlord-tenant disputes in Texas. You’ll then receive a court summons and have the right to appear and present your case.^[1]

What Should Renters Do After Getting an Eviction Notice?

It’s crucial to take action as soon as you receive a 7-day or 30-day notice:

• Read the notice carefully. Check it for the correct dates and delivery method.
• Review your rental agreement to see if it changes the required notice period.
• If you believe the notice is incorrect, contact your landlord in writing first. Keep records of all communication.
• If you are unable or unwilling to move, prepare for your eviction court hearing by gathering your lease, payment records, and any documentation.
• Speak to a Texas tenant legal aid organization or visit the local court’s self-help resources for advice.

Being proactive can help you avoid mistakes or misunderstandings that might hurt your case.

Frequently Asked Questions

1. Can my landlord evict me without a written notice in Texas?
   No, Texas law requires that you must receive a proper written notice to vacate before your landlord can file for eviction in court.
2. What if my lease says the notice period is different?
   If your written lease specifies a different notice period than the law, the terms in your lease usually control. Be sure to check your lease agreement.
3. What can I do if I receive a 7-day notice, but I pay rent monthly?
   In most cases, you should receive at least a 30-day notice if you pay rent monthly. Contact your landlord to clarify, and seek legal help if needed.
4. Are there protections against retaliation or discrimination?
   Yes. It is illegal for your landlord to evict you in retaliation for exercising legal rights or for reasons that violate fair housing laws.
5. Where can I find official forms and laws about Texas evictions?
   Visit the Texas Judicial Branch Forms page, and review the Texas Property Code, Chapter 24.

Key Takeaways

• Texas landlords usually must give at least 3 days’ written notice, but 30-day or 7-day periods can apply in some cases
• Month-to-month tenancies require a 30-day notice; week-to-week agreements may allow for a 7-day notice
• The Justice of the Peace Court handles eviction cases in Texas

Stay informed and respond promptly if you receive any eviction notice to protect your rental rights.

Need Help? Resources for Renters

• Texas Justice of the Peace Courts Directory – Find official tribunal for filing or responding to eviction cases
• Texas Attorney General: Tenants' Rights – State-level guide to tenants’ responsibilities and eviction rules
• Texas Law Help: Eviction Process – Step-by-step resources and legal help for renters
• Legal Aid of Northwest Texas: 1-888-529-5277 or lanwt.org

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1. Texas Property Code, Chapter 24 – Forcible Entry and Detainer
2. Texas Property Code, Chapter 91 – Termination of Tenancy
3. Texas Property Code, Chapter 94 – Manufactured Home Tenancies
4. Texas Judicial Branch Forms

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