Tex. Codes » Property Code · TITLE 4. ACTIONS AND REMEDIES · CHAPTER 24. FORCIBLE ENTRY AND DETAINER
Texas Codes

Tex. Prop. Code § 24.005 (2026)

Notice Required Before Filing Certain Eviction Suits

✓ current as of May 2026
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Sec. 24.005. NOTICE REQUIRED BEFORE FILING CERTAIN EVICTION SUITS. (a) 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. In a forcible detainer suit against a tenant whose right of possession is terminated based solely on nonpayment of rent and who was not late or delinquent in paying rent to the landlord before the month in which the notice is given, written notice under this section shall be given in the form of a notice to pay rent or vacate. In a forcible detainer suit against a tenant whose right of possession is terminated based on nonpayment of rent and who was late or delinquent in paying rent to the landlord before the month in which the notice is given, written notice under this section may be given in the form of either a notice to pay rent or vacate or a notice to vacate. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001.

(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days' written notice to vacate 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. If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease and the tenant timely pays rent and is not otherwise in default under the tenant's lease after foreclosure, the purchaser must give a residential tenant of the building at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease. The tenant is considered to timely pay the rent under this subsection if, during the month of the foreclosure sale, the tenant pays the rent for that month to the landlord before receiving any notice that a foreclosure sale is scheduled during the month or pays the rent for that month to the foreclosing lienholder or the purchaser at foreclosure not later than the fifth day after the date of receipt of a written notice of the name and address of the purchaser that requests payment. Before a foreclosure sale, a foreclosing lienholder may give written notice to a tenant stating that a foreclosure notice has been given to the landlord or owner of the property and specifying the date of the foreclosure.

(c) If the occupant is a tenant of a person who acquired possession by forcible entry, the landlord must give the person at least three days' written notice to vacate before the landlord files a forcible detainer suit.

(c-1) If a federal law or rule requires a landlord to give notice to a tenant before the landlord requires the tenant to vacate the premises:

(1) a landlord that satisfies the notice requirements of this section is not required to delay the filing of an eviction suit based on the federal requirement;

(2) the federal requirement is not a basis for a court to delay or abate the conduct of the eviction suit; and

(3) a writ of possession may not be served on the tenant until the period between the delivery of the notice under this section and the service of the writ equals or exceeds the period prescribed by the federal requirement.

(d) In all situations in which the entry by the occupant was a forcible entry under Section 24.001, the person entitled to possession must give the occupant oral or written notice to vacate before the landlord files a forcible entry and detainer suit. The notice to vacate under this subsection may be to vacate immediately or by a specified deadline.

(e) If the lease or applicable state or federal law or rule requires a landlord to give a tenant an opportunity to respond to a notice of proposed eviction before filing an eviction suit:

(1) the notice period in a notice to pay rent or vacate or notice to vacate under Subsection (a) may, at the landlord's discretion, run concurrently with the period provided for the tenant to respond to the notice of proposed eviction; and

(2) the notice to pay rent or vacate or notice to vacate may include the required opportunity to respond to the notice of proposed eviction.

(f) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.

(f-1) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.

(f-2) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.

(f-3) A notice required by this section must be delivered using at least one of the following methods:

(1) mail, including first class mail, registered mail, certified mail, or a delivery service;

(2) delivery to the inside of the premises, in a conspicuous place;

(3) hand delivery to any tenant of the premises who is 16 years of age or older; or

(4) if the parties have agreed in writing, electronic communication, including e-mail or other electronic means.

(f-4) Subsection (f-3) does not apply if the tenant actually receives the notice.

(g) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.

(h) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.

(i) Repealed by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.

Acts 1983, 68th Leg., p. 3515, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 688, Sec. 3, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1205, Sec. 2, eff. Sept. 1, 1997.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 1, eff. January 1, 2016.

Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 3, eff. January 1, 2026.

Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 4, eff. January 1, 2026.

Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 15(1), eff. January 1, 2026.

Notes of Decisions
Cited in 118 cases (31 in the last 5 years), 1985–2026 · leading case: Betty Getters v. the Baytown Hous. Auth., 430 S.W.3d 578 (Tex. App. 2014).
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Betty Getters v. the Baytown Hous. Auth., 430 S.W.3d 578 (Tex. App. 2014). · cites it 11× “In her sole issue, Geters contends that the trial court erred because the record does not contain evidence that BHA provided her with a notice to vacate that complied with Texas Property Code section 24.005. Among other responses, BHA contends that Geters’ appeal is moot because…”
Russell v. Am. Real Est. Corp., 89 S.W.3d 204 (Tex. App. 2002). · cites it 3× “See Tex. PROP.Code Ann. § 24.005(b) (Vernon 2000).”
Hines v. Hash, 843 S.W.2d 464 (Tex. 1993). · cites it 2× “041 (suits against counties); Tex.Prop.Code § 24.005 (eviction suits); id.”
Kennedy v. Andover Place Apts., 203 S.W.3d 495 (Tex. App. 2006). · cites it 2× “” TEX. PROP. CODE ANN. § 24.005(e) (Vernon 2000) (emphasis added); see also TEX.”
Jessica Briones v. Brazos Bend Villa Apts., 438 S.W.3d 808 (Tex. App. 2014). · cites it 2× “See Tex. Prop.Code Ann. § 24.005(a). Specifically, the statute requires the landlord to give the notice to *813 vacate to “a tenant who defaults or holds over beyond the end of the rental term .”
Coinmach Corp. F/K/A Solon Automated Servs., Inc. v. Aspenwood Apt. Corp., 417 S.W.3d 909 (Tex. 2013). “See Tex. Prop.Code § 24.005(b). In Coinmach’s view, these “grace periods” grant to a tenant at sufferance a possessory estate that is “lesser” than one that a tenant at will would have, yet superior to that of the property owner.”
Mark Trimble, Individually & as Assignee for I.B. & Mildred Henderson v. Fed. Nat'l Mortg. Ass'n, 516 S.W.3d 24 (Tex. App. 2016). “” Tex. Prop. Code § 24.005(f). It does not require receipt by any particular person.”
Haddix v. Am. Zurich Ins. Co., 253 S.W.3d 339 (Tex. App. 2008). “Haddix also asserts a claim for unlawful eviction and cites Tex. PROp.Code Ann. § 24.005 (Vernon 2000) in support of this cause of action.”
Nestor Mendoza, Jr. v. Annie Marie Bazan, 574 S.W.3d 594 (Tex. App. 2019). “” TEX. PROP. CODE ANN. § 24.005(f). While the statute does not require receipt by any particular person, notice must be either mailed or hand-delivered to a person 16 at the premises.”
Mekeel v. U.S. Bank Nat'l Ass'n ex rel. Holders of the CSFB Mortg. Pass-through Certificates, 355 S.W.3d 349 (Tex. App. 2011). “…states that for purposes of Section 24.002(b), a notice to vacate shall be considered a demand for possession. Tex. Prop.Code Ann. § 24.005(h).”
Wells Fargo Bank, N.A. v. Ezell, 410 S.W.3d 919 (Tex. App. 2013). “The certified copy of the substitute trustee’s deed establishes that Wells Fargo purchased the property at the foreclosure sale and is entitled to possession of the property.”
Effel v. Rosberg, 360 S.W.3d 626 (Tex. App. 2012). “Tex. Prop.Code Ann. § 24.005(b) (West Supp.”
Show all 118 citing cases →
— Tex. Prop. Code § 24.005(a) — 12 cases
Betty Getters v. the Baytown Hous. Auth., 430 S.W.3d 578 (Tex. App. 2014). “In her sole issue, Geters contends that the trial court erred because the record does not contain evidence that BHA provided her with a notice to vacate that complied with Texas Property Code section 24.005. Among other responses, BHA contends that Geters’ appeal is moot because…”
Jessica Briones v. Brazos Bend Villa Apts., 438 S.W.3d 808 (Tex. App. 2014). “See Tex. Prop.Code Ann. § 24.005(a). Specifically, the statute requires the landlord to give the notice to *813 vacate to “a tenant who defaults or holds over beyond the end of the rental term .”
Caro v. Hous. Auth. of City of Austin, 794 S.W.2d 901 (Tex. App. 1990).
Rock Jay Tabb, Sr. & Tyffany Mullen v. Cincero Props. LLC (Tex. App. 2024).
Gloria Samarripa v. Related Mgmt. D/B/A Riverside Townhomes (Tex. App. 2023).
— Tex. Prop. Code § 24.005(a)(1) — 1 case
Corpus Christi Hous. Auth. v. Lara, 267 S.W.3d 222 (Tex. App. 2008).
— Tex. Prop. Code § 24.005(b) — 32 cases
Coinmach Corp. F/K/A Solon Automated Servs., Inc. v. Aspenwood Apt. Corp., 417 S.W.3d 909 (Tex. 2013). “See Tex. Prop.Code § 24.005(b). In Coinmach’s view, these “grace periods” grant to a tenant at sufferance a possessory estate that is “lesser” than one that a tenant at will would have, yet superior to that of the property owner.”
Russell v. Am. Real Est. Corp., 89 S.W.3d 204 (Tex. App. 2002). “See Tex. PROP.Code Ann. § 24.005(b) (Vernon 2000).”
Effel v. Rosberg, 360 S.W.3d 626 (Tex. App. 2012). “Tex. Prop.Code Ann. § 24.005(b) (West Supp.”
Santos v. City of Eagle Pass, 727 S.W.2d 126 (Tex. App. 1987).
Nemer Massaad v. Wells Fargo Bank Nat'l Ass'n as Tr. for Option One Mortg. Loan Trust 2006-3, Asset Backed Certificates, Series 2006-3 (Tex. App. 2015).
— Tex. Prop. Code § 24.005(c) — 1 case
Russell v. Am. Real Est. Corp., 89 S.W.3d 204 (Tex. App. 2002). “See Tex. PROP.Code Ann. § 24.005(b) (Vernon 2000).”
— Tex. Prop. Code § 24.005(e) — 4 cases
Betty Getters v. the Baytown Hous. Auth., 430 S.W.3d 578 (Tex. App. 2014). “In her sole issue, Geters contends that the trial court erred because the record does not contain evidence that BHA provided her with a notice to vacate that complied with Texas Property Code section 24.005. Among other responses, BHA contends that Geters’ appeal is moot because…”
Kennedy v. Andover Place Apts., 203 S.W.3d 495 (Tex. App. 2006). “” TEX. PROP. CODE ANN. § 24.005(e) (Vernon 2000) (emphasis added); see also TEX.”
Jessica Briones v. Brazos Bend Villa Apts., 438 S.W.3d 808 (Tex. App. 2014). “See Tex. Prop.Code Ann. § 24.005(a). Specifically, the statute requires the landlord to give the notice to *813 vacate to “a tenant who defaults or holds over beyond the end of the rental term .”
Andrenique Mercadel v. Empire Vill. Apts. (Tex. App. 2023).
— Tex. Prop. Code § 24.005(f) — 13 cases
Mark Trimble, Individually & as Assignee for I.B. & Mildred Henderson v. Fed. Nat'l Mortg. Ass'n, 516 S.W.3d 24 (Tex. App. 2016). “” Tex. Prop. Code § 24.005(f). It does not require receipt by any particular person.”
Nestor Mendoza, Jr. v. Annie Marie Bazan, 574 S.W.3d 594 (Tex. App. 2019). “” TEX. PROP. CODE ANN. § 24.005(f). While the statute does not require receipt by any particular person, notice must be either mailed or hand-delivered to a person 16 at the premises.”
Mary Vela AKA Mary Nava v. Shafaii Investments Ltd. (Tex. App. 2024).
Rock Jay Tabb, Sr. & Tyffany Mullen v. Cincero Props. LLC (Tex. App. 2024).
Behzad Khalilnia v. Fed. Home Loan Mortg. Corp (Tex. App. 2013).
— Tex. Prop. Code § 24.005(g) — 1 case
Gary Shepherd, Linda Shepherd, & All Other Occupants v. MWS Acquisitions, LLC (Tex. App. 2023).
— Tex. Prop. Code § 24.005(h) — 2 cases
Mekeel v. U.S. Bank Nat'l Ass'n ex rel. Holders of the CSFB Mortg. Pass-through Certificates, 355 S.W.3d 349 (Tex. App. 2011). “…states that for purposes of Section 24.002(b), a notice to vacate shall be considered a demand for possession. Tex. Prop.Code Ann. § 24.005(h).”
Colette Custer v. Wells Fargo Bank, N.A. (Tex. App. 2015).
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