Eviction Notice Form for Texas

EVICTION NOTICE FORM FOR TEXAS

NOTICE TO VACATE FOR NON-PAYMENT OF RENT AND/OR BREACH OF LEASE

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SECTION 1: DOCUMENT PREAMBLE & RECITALS

THIS EVICTION NOTICE FORM (hereinafter, the "Notice") is issued, entered into, and made effective as of [Effective Date], by and between [Landlord/Property Manager Name], having a primary mailing address of [Landlord Address] (hereinafter, the "Landlord"), and [Tenant Name(s)], having a primary mailing address of [Property/Premises Address] (hereinafter, the "Tenant").

WHEREAS, the Landlord and Tenant entered into a certain written Residential Lease Agreement dated [Lease Agreement Date] (hereinafter, the "Lease Agreement"), concerning the real property and improvements located at [Property/Premises Address], Unit No. [Unit Number], [City], Texas [Zip Code] (hereinafter, the "Premises"); and

WHEREAS, the Tenant has failed to perform obligations under the Lease Agreement and applicable Texas law, specifically by failing to tender timely payment of rent and/or committing material breaches of non-monetary lease covenants; and

WHEREAS, pursuant to Section 24.005 of the Texas Property Code, the Landlord is statutorily required to provide formal written notice to vacate the Premises prior to the filing of a Forcible Detainer (Eviction) Suit in the appropriate court of competent jurisdiction within the State of Texas;

NOW, THEREFORE, the Landlord hereby demands that the Tenant vacate and surrender exclusive possession of the Premises to the Landlord no later than [Vacate Deadline Date] at [Time, e.g., 11:59 PM] (the "Vacate Deadline"), in accordance with the terms set forth herein and the laws of the State of Texas.

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SECTION 2: OPERATIONAL DEFINITIONS

For purposes of this Notice, the following terms shall have the meanings ascribed below, and such definitions shall be equally applicable to both the singular and plural forms:

1. "Applicable Law" means the Texas Property Code, the Texas Rules of Civil Procedure, and any applicable local ordinances of the municipality or county in which the Premises is situated, as amended from time to time.
2. "Default" means the failure of the Tenant to pay Rent when due, or the violation of any material covenant, term, condition, or restriction contained within the Lease Agreement or Applicable Law.
3. "Landlord" means the owner of the Premises, the designated property manager, or any authorized legal representative acting with express agency authority on behalf of the owner.
4. "Lease Agreement" means that certain written, oral, or implied lease or rental agreement governing the occupancy of the Premises by the Tenant.
5. "Premises" means the real property located at [Property/Premises Address], including all appurtenances, parking spaces, storage units, and fixtures associated therewith.
6. "Rent" means the monthly financial consideration, including base rent, late fees, utility charges, and other authorized assessments, due and payable by the Tenant to the Landlord pursuant to the Lease Agreement, currently totaling [Total Amount Due in Dollars] for the period(s) of [Rent Period(s), e.g., November 1, 2023 through November 30, 2023].
7. "Tenant" means any and all adult occupants, sublessees, assignees, and named lessees executing the Lease Agreement or in actual physical possession of the Premises.
8. "Vacate Deadline" means the exact date and time by which the Tenant must completely remove all persons, personal property, and belongings from the Premises and return all keys, access cards, and garage door openers to the Landlord.

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SECTION 3: SUBSTANTIVE TERMS & OBLIGATIONS

1. Demand for Possession. The Landlord hereby strictly demands that the Tenant, and all other occupants, immediately surrender peaceful, complete, and unencumbered possession of the Premises to the Landlord on or before the Vacate Deadline.
2. Statement of Breach and Outstanding Balance. The Tenant is currently in material default of the Lease Agreement for the following reason(s):
   • Non-Payment of Rent: Tenant has failed to pay Rent in the total aggregate amount of [Total Amount Due in Dollars], representing past due sums accrued as of [Date].
   • Non-Monetary Breach: Tenant has violated Section [Lease Section Number] of the Lease Agreement by [Detailed description of lease violation, e.g., unauthorized pets, subletting, property damage, disturbance of the peace].
3. Performance Metrics and Payment Terms. To halt legal proceedings pursuant to this Notice, any tender of past due Rent must be made in certified funds (cashier's check or money order) or via the Landlord's designated electronic payment portal. Personal checks will not be accepted for cure payments following the issuance of this Notice.
4. Representations and Warranties of Landlord. The Landlord represents and warrants that it is the lawful owner or authorized agent of the owner of the Premises, with full legal capacity and standing to issue this Notice and to institute subsequent legal eviction proceedings under the laws of the State of Texas.
5. Tenant Obligations Prior to Surrender. Upon vacating the Premises, the Tenant is strictly obligated to leave the Premises in a clean, undamaged, and broom-swept condition, ordinary wear and tear excepted. The Tenant shall remain fully liable for any damage caused to the physical structure or fixtures of the Premises beyond ordinary wear and tear.

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SECTION 4: DEFAULT, TERMINATION, AND REMEDIES

1. Classification of Breach and Notice Cure Periods.
   • Pursuant to Texas Property Code Section 24.005, and unless otherwise explicitly stipulated within the Lease Agreement, the Tenant is hereby provided a statutory notice period of at least three (3) days (or such longer period as may be expressly mandated by the Lease Agreement or federal law) to vacate the Premises, calculated from the date of delivery of this Notice.
   • For monetary defaults, if a cure right exists under the Lease Agreement, the Tenant is granted thirty (30) business days from receipt of this Notice to cure the financial default by tendering the full amount of [Total Amount Due in Dollars]. If no cure right is provided by contract or statute, this Notice serves as an absolute termination of the right of occupancy upon expiration of the notice period.
2. Failure to Vacate and Legal Recourse. If the Tenant fails, neglects, or refuses to completely vacate and surrender the Premises to the Landlord by the Vacate Deadline, the Landlord shall immediately pursue all available legal and equitable remedies without further notice, including but not limited to:
   • Filing a Forcible Detainer (Eviction) Suit in the Justice of the Peace Court of [County Name] County, Texas, seeking immediate restitution of the Premises, recovery of all past due Rent, court costs, and reasonable attorney's fees as authorized by Texas Property Code Section 24.006.
   • Requesting the issuance of a Writ of Possession by the court, executed by the local constable or sheriff, to forcibly remove the Tenant and their personal property from the Premises.
3. Cumulative Remedies. All remedies set forth herein are cumulative and concurrent. The exercise of one remedy by the Landlord shall not constitute an election of remedies or a waiver of the Landlord's right to pursue any other remedy available at law or in equity.

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SECTION 5: BOILERPLATE LEGAL PROVISIONS

1. Severability. If any provision of this Notice is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions of this Notice shall remain in full force and effect and shall not be affected thereby.
2. Entire Agreement. This Notice, together with the underlying Lease Agreement, constitutes the entire understanding between the Landlord and Tenant regarding the subject matter hereof. No oral representations, modifications, or waivers shall alter the terms of this Notice unless executed in writing by the authorized representatives of the Landlord.
3. Force Majeure. Neither party shall be held liable for any failure or delay in performance under this Notice if such failure arises out of acts of God, war, terrorism, civil unrest, public health emergencies, severe weather events, or other catastrophic natural occurrences beyond the reasonable control of the affected party, excluding financial inability to pay Rent.
4. Governing Law and Venue. This Notice, and all legal actions arising directly or indirectly herefrom, shall be governed by, construed, and enforced in accordance with the substantive and procedural laws of the State of Texas, without regard to its conflict of laws principles. Exclusive venue for any judicial proceeding arising under this Notice shall lie exclusively within the Justice Court or County/District Courts of [County Name] County, Texas.
5. Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to this Notice or the Tenant's occupancy of the Premises shall be resolved exclusively through formal judicial proceedings in the courts of the State of Texas having proper statutory jurisdiction over Forcible Detainer actions.
6. Method of Service. This Notice is served upon the Tenant in strict compliance with Texas Property Code Section 24.005, delivered via:
   • Personal delivery to the Tenant or any resident of the Premises over the age of sixteen (16) years.
   • Regular mail and certified mail, return receipt requested.
   • Posting conspicuously on the outside of the front door of the Premises.

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SECTION 6: FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Landlord has caused this Notice to be duly executed by its authorized representative as of the Effective Date first written above.

LANDLORD:

Entity Name (if applicable): [Landlord Entity Name]

By: ____________________________________________________
Signature of Landlord or Authorized Agent

Name: [Signatory Name]

Title: [Signatory Title, e.g., Managing Partner / Property Manager]

Date: [Date of Execution]

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TENANT ACKNOWLEDGEMENT OF RECEIPT (Optional):

Note: The refusal of the Tenant to sign this acknowledgment does not invalidate the legal sufficiency or service of this Notice.

Received by: ____________________________________________
Signature of Tenant

Name: [Tenant Name]

Date of Receipt: [Date]