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Texas 3-Day Notice to Quit Form | Non-Payment

A Texas 3-day notice to pay or quit is used by a landlord to notify a tenant that they have defaulted on paying their rent. The notice states the tenant will have at least three days to remedy the total rent due or to vacate the premises before the landlord files a forcible detainer suit.
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Laws

  • Notice Period: 3 days.[1]
  • Rent Grace Period: 2 days.[2]
  • Maximum Late Fee: 10% of the monthly rent (in a building with more than 4 units) or 12% of the monthly rent (in a building with 4 or fewer units).[3]

Delivery Options (3)

  1. Delivering the notice personally to the tenant or another resident of the dwelling who is at least 16 years old;
  2. Posting the notice to the inside of the main entry door; or
  3. Sending by regular mail, certified mail, or registered mail with return receipt requested.[4]

Waiver of Landlord’s Right to Terminate

According to Texas case law, a landlord’s acceptance of late or unpaid rent does not waive their right to terminate the lease so long as this non-waiver is explicitly stated in a provision of the lease agreement.[5]

Sample

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