Effective January 1, 2026, Senate Bill 38 (89th Legislature) rewrote the notice rules in Chapter 24 of the Texas Property Code. The three-day baseline survived, but the notice form for first-time nonpayment, the approved delivery methods, and the way deadlines are counted all changed. A notice served the old way can hand the tenant a procedural defense and cost you weeks. Here is what the current law actually requires.
Three days is still the default — the lease can change it
Under Property Code § 24.005(a), a landlord must give a tenant who defaults at least three days' written notice to vacate before filing an eviction suit (what Texas calls a forcible detainer suit) — unless the parties contracted for a shorter or longer period in a written lease or agreement.
Check the lease first, every time. A one-day notice period in a signed lease is enforceable; so is a thirty-day one. The three-day rule is only the fallback when the lease is silent.
First-time nonpayment now requires a pay-rent-or-vacate notice
This is the change most old forms miss. For a tenant whose right of possession is terminated solely for nonpayment of rent, and who was not late before the month of the notice, the statute now says the notice shall be a notice to pay rent or vacate — a notice that gives the tenant the choice to pay the delinquent rent in full or move out.
For a tenant who was already late or delinquent in an earlier month, the landlord may choose either form: pay-rent-or-vacate, or a plain notice to vacate.
The practical takeaway: for any nonpayment case, a properly drafted pay-rent-or-vacate notice satisfies both branches of the statute. That is the form our Texas eviction notice generates.
Delivery methods were consolidated — and narrowed
S.B. 38 repealed the old delivery subsections and replaced them with a single list in § 24.005(f-3). A notice must now be delivered by at least one of these methods:
- Mail — first class, registered, certified, or a delivery service;
- Delivery to the inside of the premises, in a conspicuous place;
- Hand delivery to a tenant of the premises who is 16 or older — note: a tenant, which is narrower than the old rule that allowed hand delivery to anyone 16 or older found at the property;
- Electronic communication, including e-mail — but only if the parties agreed to electronic delivery in writing.
How the deadline is counted (new § 24.0042)
Texas also codified, for the first time, exactly how to count a notice period. Under the new § 24.0042: the day of delivery does not count; Saturdays, Sundays, and holidays in the middle of the period do count; the last day of the period counts; and if the last day lands on a Saturday, Sunday, or a state or federal holiday, the deadline extends to the next day that is none of those.
Example: a three-day notice delivered on a Wednesday runs Thursday, Friday, Saturday — and because the last day is a Saturday, the deadline extends to Monday (or Tuesday, if Monday is a holiday).
Our Texas notice computes this deadline for you and prints the actual date, applying the weekend-and-holiday extension automatically, along with a delivery certificate matching the § 24.005(f-3) methods.
Holdovers and federally covered properties
If the eviction is for holding over after the lease term rather than nonpayment, the landlord must also comply with the separate tenancy-termination rules in § 91.001 — a different clock entirely.
And if the property participates in a federal program (or is covered by a federal rule like the CARES Act 30-day notice for covered housing), the federal notice period still applies. The statute lets the state notice run concurrently with a federally required response period, but it does not erase the federal requirement. When in doubt, use the longer period.
Frequently Asked Questions
Can I serve a Texas eviction notice by email or text?
Only if the parties agreed to electronic delivery in writing — typically in the lease or a signed addendum. Without that written agreement, use mail, conspicuous placement inside the premises, or hand delivery to a tenant who is 16 or older. If the tenant actually receives the notice, the statute treats delivery-method defects as cured, but do not plan around that safety valve.
Do weekends count in the three days?
Days in the middle of the period count, weekends included. But the day you deliver never counts, and if the final day lands on a Saturday, Sunday, or a state or federal holiday, the deadline rolls forward to the next business day under § 24.0042.
What if the tenant pays after getting a pay-rent-or-vacate notice?
If the tenant pays the full delinquent amount by the deadline, that notice cycle is resolved — the notice offered exactly that choice. Partial payment is different: our notice states that accepting partial payment does not waive the landlord's rights unless the landlord agrees in writing. Document everything.
My lease was signed before 2026 — do the new rules apply?
The new delivery and counting rules govern notices given on or after January 1, 2026, regardless of when the lease was signed. A lease clause setting a different notice period remains enforceable, but the delivery methods and deadline math come from the current statute.