Eviction Notice Template in Texas

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

1. Document Preamble & Recitals

THIS NOTICE TO VACATE ("Notice") is issued and effective as of this [Day] day of [Month], [Year] ("Effective Date"), by and between [Landlord/Property Manager Name], having a primary address of [Landlord Address] ("Landlord"), and [Tenant Name(s)], having a primary address of [Premises Address] ("Tenant").

WHEREAS, Landlord and Tenant entered into a certain written Residential Lease Agreement dated [Lease Date] ("Lease Agreement") for the real property located in [County Name] County, Texas, more particularly described as [Full Legal Description or Street Address of Premises, including Unit Number, if applicable] ("Premises"); and

WHEREAS, Tenant has breached the terms of the Lease Agreement and/or applicable Texas law by failing to pay rent when due and/or committing other material violations of the Lease covenants; and

WHEREAS, Landlord elects to terminate the right of occupancy and demands possession of the Premises in strict accordance with Section 24.005 of the Texas Property Code;

NOW, THEREFORE, Landlord hereby provides formal legal notice to Tenant to vacate and surrender possession of the Premises as set forth herein.

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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 the singular and plural forms of the terms defined:

1. "Breach" means the failure of Tenant to perform, keep, or observe any covenant, condition, agreement, or obligation of the Lease Agreement or applicable statutory law, including specifically the failure to pay rent when due.
2. "Business Day" means any calendar day other than a Saturday, Sunday, or a legal holiday recognized by the State of Texas or the federal government of the United States.
3. "Cure Period" means the exact duration allotted under this Notice or applicable law during which Tenant may rectify a specified Default prior to the initiation of legal proceedings.
4. "Default" means an un-cured Breach that has ripened into a material violation of the Lease Agreement, triggering Landlord’s statutory and contractual remedies.
5. "Landlord" means the property owner, lessor, sublessor, managing agent, or authorized legal representative entitled to possession of the Premises.
6. "Lease Agreement" means the binding residential contract executed by the Parties on [Lease Date], governing the occupancy of the Premises.
7. "Notice" means this formal legal instrument executed pursuant to Texas Property Code § 24.005.
8. "Premises" means the residential dwelling unit located at [Premises Address], including all appurtenances, parking spaces, and storage areas assigned thereto.
9. "Rent" means the monthly financial consideration and any additional charges (including late fees, utility charges, and maintenance assessments) due from Tenant to Landlord under the Lease Agreement.
10. "Tenant" means the lessee, resident, occupant, or any subtenant bound by the Lease Agreement and in possession of the Premises.
11. "Texas Property Code" means the statutory code of the State of Texas, as amended from time to time, governing landlord-tenant relations.

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3. Substantive Terms & Obligations

1. Demand for Possession. Landlord hereby demands that Tenant, and all occupants, subtenants, and guests, peaceably vacate and surrender exclusive possession of the Premises to Landlord no later than [Time, e.g., 11:59 PM] on [Vacate Date] ("Vacate Deadline").
2. Nature of Default. Tenant is currently in material Breach of the Lease Agreement due to:
   • Non-payment of Rent in the total delinquent amount of [Dollar Amount], representing unpaid rent for the calendar month(s) of [Months].
   • Violation of Lease covenants other than non-payment of rent, specifically described as follows: [Detailed Description of Lease Violation].
3. Calculation of Sums Due. The total monetary obligation required to satisfy the outstanding financial default as of the Effective Date is [Dollar Amount], broken down as follows:
   • Delinquent Base Rent: [Dollar Amount]
   • Late Fees pursuant to Lease: [Dollar Amount]
   • Utility/Other Charges: [Dollar Amount]
4. Tenant Performance Obligations. To prevent the termination of possessory rights, Tenant must fully cure the monetary and/or non-monetary Default prior to the expiration of the Cure Period specified herein. Performance must be tendered in certified funds or via the Landlord’s designated electronic payment portal.
5. Representations and Warranties of Landlord. Landlord represents and warrants that it is the lawful owner or authorized agent of the owner of the Premises, possessing full legal capacity and statutory standing to issue this Notice and demand possession under the laws of the State of Texas.
6. Continuation of Obligation. The issuance of this Notice does not constitute a waiver of Landlord’s right to collect accrued rent, nor does it relieve Tenant of the continuing obligation to pay rent accruing through the actual date of surrender of the Premises.

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4. Default, Termination, and Remedies

1. Classification of Breach. Tenant’s failure to cure the Default or surrender the Premises by the Vacate Deadline constitutes an immediate and material default, resulting in the termination of Tenant’s right of occupancy without further notice.
2. Notice Cure Periods.
   • Pursuant to Texas Property Code § 24.005(b), if the Lease Agreement or applicable law provides a right to cure a non-payment or covenant breach, Tenant is hereby granted a strict cure period of thirty (30) business days from the actual delivery of this Notice, unless a shorter notice period is expressly authorized by the Lease Agreement or Texas law (e.g., three (3) days for non-payment where the lease waives the right to notice, or immediate notice for criminal activity).
   • Alternative/Lease-Specific Cure: If the underlying Lease Agreement establishes a specific cure period, such period shall govern only to the extent it complies with minimum statutory requirements.
3. Initiation of Legal Recourse. If Tenant fails to vacate the Premises or cure the Default by the expiration of the Vacate Deadline, Landlord reserves the absolute right to immediately pursue all available legal remedies, including the filing of a forcible detainer (eviction) lawsuit in the Justice of the Peace Court of [Precinct Number], [County Name] County, Texas.
4. Recovery of Damages and Costs. In the event legal action is instituted, Landlord shall seek and is entitled to recover:
   • Possession of the Premises;
   • All past-due and unpaid Rent through the date of judgment and holdover damages thereafter;
   • Reasonable attorney's fees and court costs as permitted by Section 24.0051 of the Texas Property Code and the Lease Agreement; and
   • Pre-judgment and post-judgment interest at the maximum legal rate.
5. Cumulative Remedies. All remedies provided herein are cumulative and concurrent, and the exercise of one remedy by Landlord shall not constitute an election of remedies or a waiver of any other legal or equitable right.

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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, and the remaining provisions shall remain in full force and effect.
2. Entire Agreement. This Notice, together with the underlying Lease Agreement, constitutes the entire understanding between Landlord and Tenant regarding the subject matter hereof and supersedes all prior oral or written negotiations, representations, or agreements.
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, natural disasters, epidemics, or other events beyond the reasonable control of the affected party, excluding financial inability to pay rent.
4. Governing Law and Venue. This Notice shall be interpreted, construed, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Exclusive venue for any judicial proceeding arising from this Notice or the tenancy shall lie in the courts of [County Name] County, Texas.
5. Dispute Resolution (Arbitration/Court). Any dispute, claim, or controversy arising out of or relating to this Notice or the termination of the tenancy shall, at Landlord's sole election, be resolved either through binding arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules, or through judicial proceedings filed in the appropriate court of [County Name] County, Texas.
6. Service of Notice. This Notice has been served upon Tenant in compliance with Texas Property Code § 24.005 by one or more of the following methods: (a) personal delivery to Tenant or any resident over the age of sixteen (16); (b) regular mail combined with certified mail, return receipt requested; or (c) securely affixing the same to the inside of the main entry door of the Premises.

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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 written above.

LANDLORD:

[Landlord/Entity Name]

Signature: _________________________________________________

Printed Name: [Signatory Name]

Title: [Signatory Title, e.g., Managing Agent / Owner]

Date: [Date]

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ACKNOWLEDGMENT OF RECEIPT BY TENANT (Optional / Service Record):

(Note: Refusal by Tenant to sign does not invalidate the legal sufficiency or service of this Notice pursuant to Texas Property Code § 24.005).

Signature: _________________________________________________

Printed Name: [Tenant Name]

Date of Receipt: [Date]