Texas Property Code Chapter 24

Texas Notice for Nonpayment of Rent

Texas does not use one automatic notice for every unpaid-rent situation. The correct path can depend on prior delinquency, the written lease, delivery, and special housing rules.

The written lease can change the default notice period.
A first-time delinquency can require a Notice to Pay Rent or Vacate under the 2026 rules.
The delivery/start fact matters before the deadline can be resolved.

Built around the requirements of Texas Property Code Chapter 24.

Create My Texas Nonpayment Notice

What Texas notice applies?

For nonpayment-only cases, Texas now distinguishes certain first-time delinquencies from tenants who were previously late or delinquent. LandlordAnswers asks that question instead of automatically issuing a generic three-day form.

Use the notice-choice tool

How is the Texas notice period calculated?

The statutory default is generally three days, but a written lease may provide a shorter or longer period. Texas Property Code §24.0042 excludes the triggering day, counts intervening weekends and state or federal holidays, and rolls the final day forward if it lands on one of those days.

Texas deadline rules

What amount can the notice demand?

Unpaid rent should be kept separate from late fees, utilities, repair charges, and other amounts. Texas Property Code §92.019 regulates residential late fees separately.

Texas rent and late-fee guidance

How can the notice be delivered?

Texas permits several delivery routes, including qualifying mail, hand delivery, delivery inside the premises in a conspicuous place, and electronic communication when the parties agreed in writing. Mailing requires care because the mailing date is not automatically a confirmed delivery date.

Texas delivery guidance

What happens after the notice period?

A Texas notice does not remove the tenant. If the matter remains unresolved after the applicable pre-suit requirements, the landlord may be able to file an eviction case in the proper Justice Court precinct.

After a Texas notice expires

Common mistakes to avoid

Using an older form without checking the January 1, 2026 changes.

Assuming every nonpayment case uses the same notice.

Assuming the notice period is always three days without checking the lease.

Counting the delivery day as Day 1.

Treating the mailing date as a confirmed delivery date.

Combining late fees or other charges into the unpaid-rent figure.

Texas legal authority

Legal information reviewed September 3, 2026.

Learn more

Texas Notice to Vacate Deadline How to Deliver a Texas Notice Texas Late Fees and Nonpayment After a Texas Nonpayment Notice Expires

Frequently asked questions

Does Texas always require a 3-day notice for unpaid rent?

No. Three days is the general statutory default, but a written lease or agreement can provide a shorter or longer notice period.

What changed for Texas nonpayment notices in 2026?

For certain nonpayment-only cases, a tenant with no prior delinquency before the notice month must receive a Notice to Pay Rent or Vacate. Previously delinquent tenants can follow a different notice-choice path.

Do weekends count in a Texas notice period?

Intervening weekends and qualifying holidays generally count under §24.0042, but a final day landing on one of those days rolls forward.

Can a Texas landlord deliver the notice electronically?

Texas permits electronic delivery when the parties agreed in writing to electronic delivery.

Need to prepare the Texas notice?

Use the guided LandlordAnswers workflow. It applies the state-specific rules, collects only the facts that affect the result, and keeps document generation inside the browser.