How to Deliver a Texas Holdover Notice to Vacate
Delivery comes after the tenancy has been validly terminated and the correct Notice-to-Vacate period has been identified. The actual delivery/start fact controls the next deadline step.
Mail or delivery service
Texas §24.005 recognizes mail and delivery service. Do not automatically treat the mailing date as the Chapter 24 start date; establish a supportable delivery or receipt fact after delivery.
Conspicuous placement inside the premises
Current §24.005 recognizes delivery inside the premises in a conspicuous place. Preserve the actual date and facts of placement.
Hand delivery
Hand delivery may be made to a tenant of the premises who is at least 16 years old. Document who received the notice and when.
Electronic delivery
Electronic communication is available only when the parties agreed in writing to electronic delivery. Without that written agreement, use another authorized route or review the facts.
Actual receipt still matters
Section 24.005(f-4) provides that the listed delivery-method subsection does not apply if the tenant actually receives the notice. Treat actual receipt as a fact to document, not as a reason to use a careless planned method.
Separate §92.012 mailing
When the tenant gave the statutory primary-residence notice, the landlord may need to mail the Notice to Vacate to that designated primary-residence address in addition to completing the Chapter 24 delivery method, unless the statutory hand-delivery exception applies.
What proof should you keep?
- A copy of the exact notice delivered.
- The actual date and method of delivery.
- The identity of the person who delivered or received the notice when relevant.
- Mail, carrier, or electronic transmission records.
- Evidence supporting actual receipt when that fact is relied on.
- Proof of any separate §92.012 mailing.