§ 24.005.  NOTICE TO VACATE PRIOR TO FILING EVICTION   SUIT.  

(a)  If the occupant is a tenant under a written lease or   
oral rental agreement, the landlord must give a tenant who defaults   
or holds over beyond the end of the rental term or renewal period at   
least three days' written notice to vacate the premises before the   
landlord files a forcible detainer suit, unless the parties have   
contracted for a shorter or longer notice period in a written lease   
or agreement.  A landlord who files a forcible detainer suit on   
grounds that the tenant is holding over beyond the end of the rental   
term or renewal period must also comply with the tenancy   
termination requirements of Section 91.001.  	(

b)  If the occupant is a tenant at will or by sufferance, the   
landlord must give the tenant at least three days' written notice to   
vacate before the landlord files a forcible detainer suit unless   
the parties have contracted for a shorter or longer notice period in   
a written lease or agreement.  If a building is purchased at a tax   
foreclosure sale or a trustee's foreclosure sale under a lien   
superior to the tenant's lease and the tenant timely pays rent and   
is not otherwise in default under the tenant's lease after   
foreclosure, the purchaser must give a residential tenant of the   
building at least 30 days' written notice to vacate if the purchaser   
chooses not to continue the lease.  The tenant is considered to   
timely pay the rent under this subsection if, during the month of   
the foreclosure sale, the tenant pays the rent for that month to the   
landlord before receiving any notice that a foreclosure sale is   
scheduled during the month or pays the rent for that month to the   
foreclosing lienholder or the purchaser at foreclosure not later   
than the fifth day after the date of receipt of a written notice of   
the name and address of the purchaser that requests payment.  Before   
a foreclosure sale, a foreclosing lienholder may give written   
notice to a tenant stating that a foreclosure notice has been given   
to the landlord or owner of the property and specifying the date of   
the foreclosure.  	

(c)  If the occupant is a tenant of a person who acquired   
possession by forcible entry, the landlord must give the person at   
least three days' written notice to vacate before the landlord   
files a forcible detainer suit.  	

(d)  In all situations in which the entry by the occupant was   
a forcible entry under Section 24.001, the person entitled to   
possession must give the occupant oral or written notice to vacate   
before the landlord files a forcible entry and detainer suit.  The   
notice to vacate under this subsection may be to vacate immediately   
or by a specified deadline.  	

(e)  If the lease or applicable law requires the landlord to   
give a tenant an opportunity to respond to a notice of proposed   
eviction, a notice to vacate may not be given until the period   
provided for the tenant to respond to the eviction notice has   
expired.  	

(f)  The notice to vacate shall be given in person or by mail   
at the premises in question.  Notice in person may be by personal   
delivery to the tenant or any person residing at the premises who is   
16 years of age or older or personal delivery to the premises and   
affixing the notice to the inside of the main entry door.  Notice by   
mail may be by regular mail, by registered mail, or by certified   
mail, return receipt requested, to the premises in question.  If the   
dwelling has no mailbox and has a keyless bolting device, alarm   
system, or dangerous animal that prevents the landlord from   
entering the premises to leave the notice to vacate on the inside of   
the main entry door, the landlord may securely affix the notice on   
the outside of the main entry door.  	

(g)  The notice period is calculated from the day on which   
the notice is delivered.  	

(h) A notice to vacate shall be considered a demand for   
possession for purposes of Subsection (b) of Section 24.002.  	

(i) If before the notice to vacate is given as required by   
this section the landlord has given a written notice or reminder to   
the tenant that rent is due and unpaid, the landlord may include in   
the notice to vacate required by this section a demand that the   
tenant pay the delinquent rent or vacate the premises by the date   
and time stated in the notice.

Full Documentation on Evictions