Texas Notice to Pay Rent or Vacate

What it is

A notice to pay rent or vacate is the written nonpayment notice that gives the tenant a choice: pay the full rent due within the notice period, or vacate by the stated date. In certain first-time nonpayment cases Texas law requires this pay-or-vacate form instead of a plain notice to vacate — it is still not a court order, and only a court can order a tenant out.

When to use it

• Rent is unpaid and the eviction ground is nonpayment of rent alone
• The tenant was not late or delinquent before this month — the situation where Texas requires the pay-or-vacate form (see below)
• The tenant was late in an earlier month and you choose the pay-or-vacate form over a plain notice to vacate, where the statute allows either
• You want the notice itself to state the cure option clearly, so there is no dispute later about what payment would have stopped the case

What to include — checklist

Print this page to use the checklist on paper.

• Landlord and tenant names exactly as they appear in the lease
• Property address, including unit number
• Rent amount due, broken down by month / period, shown separately from any late fee or other charge
• Any late fee listed separately, with the lease clause it comes from — charge only what the lease and Texas law allow
• Clear statement of the choice: pay the full amount stated by the deadline, or vacate by that date
• Exact deadline / vacate date, counted from proper delivery — not from the day you wrote it
• Exactly how and where payment must be made to count as paid in full
• Statement that an eviction suit may be filed if the tenant neither pays in full nor vacates
• Delivery method, date and time, and the name of the person who delivered it — keep proof, plus landlord (or authorized agent) signature and contact address

Texas-specific requirements

• Texas Property Code §24.005: a landlord must give at least 3 days' written notice before filing a forcible detainer suit, unless the parties contracted for a shorter or longer period in a written lease or agreement. That period applies to this notice too — check your lease first, because it may control.
• Texas Property Code §24.005(a): in a suit against a tenant whose possession is terminated based solely on nonpayment of rent and who was not late or delinquent in paying rent before the month in which the notice is given, the written notice shall be given in the form of a notice to pay rent or vacate. If the tenant was late or delinquent before that month, the notice may be given as either a notice to pay rent or vacate or a notice to vacate.
• If the amount you demand includes a late fee, Texas Property Code §92.019 controls that fee: it must be in a written lease, be reasonable, and rent must have remained unpaid at least two full days after the due date; a fee is presumed reasonable up to 12% of the period's rent for a structure with 4 or fewer dwelling units, or 10% for more than 4 units.
• Delivery matters as much as wording. Use a delivery method §24.005 permits, document it, and keep the certificate/receipt with the lease file.

Statute references are included only where verified for this pilot. Where a rule depends on your lease or local court, the page says so instead of guessing.

Common mistakes

• Serving a plain notice to vacate in a first-time, nonpayment-only case where §24.005 requires the pay-or-vacate form
• Stating a total that lumps rent, late fees and other charges together, so the tenant cannot tell what "pay in full" means
• Counting the notice period from the mailing or writing date instead of proper delivery, or using a period shorter than the lease allows
• Accepting a partial payment without documenting in writing what it was applied to and whether the notice is still in effect — get advice before assuming either way
• Changing locks or shutting off utilities when the deadline passes instead of filing in court — this notice is not permission for self-help eviction

Where landlords get this form

These providers publish Texas-specific notice to pay rent or vacate forms and document tools. We describe them here for comparison — we do not link out from this pilot site yet.

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Frequently asked questions

When must a Texas landlord use a notice to pay rent or vacate instead of a plain notice to vacate?

When possession is terminated based solely on nonpayment of rent and the tenant was not late or delinquent before the month the notice is given, Texas Property Code §24.005(a) says the notice shall be in the pay-or-vacate form. If the tenant was late in an earlier month, either form may be used.

How many days does the tenant get to pay or vacate?

At least 3 days' written notice under Texas Property Code §24.005, unless a written lease or agreement sets a shorter or longer period. Your lease may change the answer.

What happens if the tenant pays in full within the period?

Document the payment, the date, and what it covered, and keep the receipt with the lease file. The point of this form is that full payment by the deadline is the alternative to vacating — do not file on a notice the tenant has satisfied without getting advice first.

What if the tenant neither pays nor leaves?

After the notice period expires, the next step is a forcible detainer (eviction) suit in justice court for the precinct where the property is located. The notice alone does not remove the tenant.