Pursuant to the Texas Property Code, landlords in Texas cannot use “self-help” measures to evict tenants. This means that a landlord cannot unilaterally change the locks to an apartment, turn off the heat or electricity to the property or otherwise act in a way that forces the tenant to leave. Instead, a landlord wishing to recover possession of a property from a tenant must follow Texas eviction procedures. The first step in this process is serving an eviction notice to the tenant.
Download and print the “Notice to Vacate” form in the resources below. Use this form as a guide as you draft your own eviction notice. Note that landlords in Angelina County, Texas can choose to just print and fill in the information on the form since the form is for Angelina County, Texas.
Title the notice “Notice to Vacate” or “Eviction Notice.” The title should be written in large, conspicuous letters. Optionally, you can write “State of Texas, County of [County where property is located]” beneath the title.
Direct the notice to the tenant. Write the tenant’s name and address.
Write, “Pursuant to Article 24.005 of the Texas Property Code, you are hereby notified that you have [number of days] days to vacate this property.” Demand that the tenant pay any rent due or fix the problem that resulted in the demand to vacate (such as removing a pet if pets are not allowed on the property). Texas law requires that you give the tenant at least three days notice. You may offer more if you choose.
Explain that if the tenant does not vacate the property you will file a formal eviction action in court.
Sign and date the notice. List your name and address on the form. Include space for the tenant to acknowledge receipt of the notice. Keep a copy of the notice for your records and deliver a copy of the notice to the tenant.