Texas Notice to Pay Rent or Vacate: 2026 Rules for Landlords
Texas changed the notice decision for eviction suits filed on or after January 1, 2026. The key question is no longer simply “Is the rent unpaid?” A landlord must also know whether the tenant had been late or delinquent before the month of the notice.
Primary law and 2026 judicial guidance rechecked August 25, 2026.
The 2026 rule in one sentence
If the tenant's right to possession is being terminated solely for nonpayment of rent and the tenant was not late or delinquent before the month in which the notice is given, §24.005 says the written notice shall be a Notice to Pay Rent or Vacate.
The decision Texas landlords need to make first
No earlier late or delinquent rent
For a nonpayment-only case, the notice must be a Notice to Pay Rent or Vacate. A vacate-only notice is not the statutory choice for this fact pattern.
Tenant was late or delinquent before
For a nonpayment case, §24.005 permits either a Notice to Pay Rent or Vacate or a Notice to Vacate. The lease and any additional legal requirements still have to be checked.
The statute asks whether the tenant was late or delinquent before the month in which the notice is given. It is a payment-history question, not merely a question about the current unpaid rent. The statute does not expressly define how far back “previously” reaches, so LandlordAnswers does not invent a broader time limit.
Why an old “Texas 3-day notice” can now be the wrong starting point
Senate Bill 38 rewrote §24.005 effective January 1, 2026 and repealed several parts of the old notice framework. A generic form that assumes every unpaid-rent case begins with the same vacate-only demand can miss the new first-delinquency rule, the current delivery rules, and the current time-computation rule.
1. Confirm this is actually a nonpayment-only case
The mandatory pay-rent-or-vacate pathway is written for a case in which the tenant's right of possession is terminated based solely on nonpayment of rent. Do not automatically carry this rule into a holdover, lease-violation, mixed-ground, or other possession case. Those facts can change the analysis.
2. Determine the notice period from the lease before counting days
Section 24.005 generally requires at least three days' written notice for a tenant under a written lease or oral rental agreement, unless the parties contracted for a shorter or longer notice period in a written lease or agreement.
That means “three days” is a default, not a universal Texas rule. Read the actual written agreement before generating the deadline.
3. Count the notice period under §24.0042
The day of the event that begins the period is excluded. The last day of the period is included.
Intermediate Saturdays, Sundays, and state or federal holidays are counted. If the final day falls on a Saturday, Sunday, or state or federal holiday, the period extends to the next day that is not one of those days.
This is why a simple “add three business days” calculator is not the correct model for the 2026 Texas statute.
4. Use a delivery method recognized by the current statute
Section 24.005(f-3) requires at least one of these methods:
- mail, including first-class, registered, or certified mail, or a delivery service;
- delivery to a conspicuous place inside the premises;
- hand delivery to any tenant of the premises who is at least 16 years old; or
- electronic communication, including email or other electronic means, if the parties agreed in writing.
Section 24.005(f-4) says that subsection (f-3) does not apply if the tenant actually receives the notice.
See the complete 2026 Texas delivery guideMail changed in a way that matters
Senate Bill 38 repealed former §24.005(f-2), which had contained a special statutory deemed-delivery rule. The current statute still authorizes mail, but it does not recreate that former provision.
The 2026 Texas Justice Court Training Center Evictions Deskbook says courts should try to determine receipt from a signature date when available or may apply a three-day delivery presumption for other mail. Do not automatically substitute the mailing date for the delivery date when calculating a deadline.
5. Keep unpaid rent separate from late fees and other charges
The 2026 pathway in §24.005 turns on nonpayment of rent. LandlordAnswers therefore does not automatically add late fees, utilities, repair charges, or other ledger items to the unpaid-rent figure used to choose this statutory pathway.
Late fees have their own requirements under §92.019. TJCTC's 2026 deskbook says that when the only amounts are delinquent rent and late fees resulting from that delinquency, the tenant needs to pay the rent itself, not the late fees, to satisfy a Notice to Pay Rent or Vacate. A lease payment-allocation clause can still affect whether all rent has actually been paid.
6. What if the tenant pays?
Required Notice to Pay Rent or Vacate: TJCTC's 2026 Evictions Deskbook says that if the tenant pays all delinquent rent during the notice period, the landlord may not file that nonpayment eviction merely because the tenant did not vacate.
Vacate-only Notice to Vacate after prior delinquency: the same guidance says later payment of delinquent rent during the notice period does not by itself prevent filing, although rent already paid cannot be recovered again.
Partial payment, payment allocation under the lease, waiver, other eviction grounds, or other facts can still change the analysis.
7. Check federal, program, lease, and other response requirements
Section 24.005(e) applies when the lease or applicable state or federal law or rule requires an opportunity to respond to a proposed eviction. The Texas notice period may, at the landlord's discretion, run concurrently with that response period, and the Texas notice may include the required opportunity to respond.
Section 24.005(c-1) separately addresses a federal law or rule that requires notice before the landlord requires the tenant to vacate. Under the Texas statute, satisfying §24.005 does not require the landlord to delay filing solely because of that federal notice period, but a writ of possession may not be served until the time from delivery of the Texas notice through service of the writ equals or exceeds the federally prescribed period.
This page does not assume that every subsidized, federally regulated, or program tenancy has the same extra requirement. Identify the actual program, lease provision, or governing federal/state rule before filing.
8. Expiration of the notice is not an eviction
The notice period ending does not itself remove the tenant or transfer possession. Before filing, recheck the notice pathway, notice period, delivery, deadline, payment history, current balance, and any additional response or federal-notice requirement that actually applies. An eviction suit begins by filing the required petition in justice court under §24.00505.
What to check after the notice expiresBuild the notice from the facts, not from an old form
The Texas Nonpayment Tool checks prior delinquency, the lease-specific notice period, unpaid rent, delivery, §24.0042 counting, and the special-housing/response gates built into the workflow before it determines the available notice pathway.
Find Out Which Notice I NeedTexas Notice to Pay Rent or Vacate FAQ
When is a Texas Notice to Pay Rent or Vacate required in 2026?
For an eviction suit in which possession is terminated solely for nonpayment of rent, Texas Property Code §24.005 requires a Notice to Pay Rent or Vacate if the tenant was not late or delinquent in paying rent to that landlord before the month in which the notice is given.
What if the tenant was late before the notice month?
If the tenant was late or delinquent before the month in which the notice is given, §24.005 permits either a Notice to Pay Rent or Vacate or a Notice to Vacate for a nonpayment case.
Is a Texas nonpayment notice always three days?
No. Section 24.005 uses at least three days as the default for a tenant under a written lease or oral rental agreement, unless the parties contracted in a written lease or agreement for a shorter or longer notice period.
Does the delivery day count as Day 1?
No. Under §24.0042, the day of the event that begins the period is excluded. Intermediate Saturdays, Sundays, and state or federal holidays count, but if the final day lands on one of those days, the period extends to the next day that is not one of those days.
Can a Texas nonpayment notice be delivered electronically?
Yes, if the parties agreed in writing to electronic delivery. Section 24.005 also lists mail or delivery service, conspicuous delivery inside the premises, and hand delivery to a tenant age 16 or older. Section 24.005(f-4) separately says the listed-method subsection does not apply if the tenant actually receives the notice.
Can I use the mailing date as the delivery date?
Do not assume that. Senate Bill 38 repealed former §24.005(f-2), which had contained a special statutory deemed-delivery rule. Current Texas Justice Court Training Center guidance says a court should try to determine when mailed notice was received, using a signature date if available or a three-day delivery presumption for other mail.
Do late fees have to be paid to satisfy a Notice to Pay Rent or Vacate?
The 2026 Texas Justice Court Training Center Evictions Deskbook says that when the only amounts are delinquent rent and late fees resulting from that delinquency, the tenant needs to pay the rent itself, not the late fees, to satisfy the notice. A lease payment-allocation clause can still affect whether all rent has actually been paid.
Primary 2026 legal sources
- Texas Property Code Chapter 24, especially §§24.0042, 24.005, and 24.00505.
- S.B. 38, 89th Legislature, enrolled text, the 2025 legislation that changed the Chapter 24 framework effective January 1, 2026.
- Texas Property Code §92.019 for residential late-fee requirements.
- Texas Justice Court Training Center, 2026 Evictions Deskbook, including current payment, late-fee, and mailed-notice guidance.
- Supreme Court of Texas, Texas Rules of Civil Procedure for current eviction procedure.
This page provides general educational information about Texas residential nonpayment procedure. It does not determine whether a specific notice is legally sufficient, whether an eviction should be filed, or whether additional federal, state, lease, or program requirements apply. It is not legal advice.