Typically, an eviction may not proceed in Texas unless and until a proper Notice to Vacate has been delivered to a tenant, squatter or other occupant in possession of real property.
Section 24.005 of the Texas Property Code governs notices to vacate (sometimes called a "Notice to Quit," "NTV" or "NTQ"). That section is actually called "Notice to Vacate Prior to Filing Eviction Suit," and could be accurately characterized as a jurisdictional statute because it requires delivery of a proper notice before a suit can be filed.
At the time of hearing /trial in the eviction suit, the Judge will ask to see a copy of the NTV and expect some evidence concerning the time and manner of its delivery. In San Antonio's eviction courts (the Bexar County Justice of the Peace courts), Judges routinely DISMISS cases where the landlord is unable to demonstrate compliance with the notice requirements of Section 24.005.
Section 24.005 also prescribes the contents, time and manner of delivery of the Notice to Vacate to the tenant, or other occupant of the property, including persons who have entered the property without the consent of the person in actual possession of the property or a tenant of the property (though in these "forcible entry" cases notice can be oral).
Generally, where a tenant occupies a property under an unexpired written or verbal Lease Agreement, the requirements of the Notice to Vacate are:
2. Delivered to the Tenant at least 3 days before an eviction suit is filed; and
3. Delivered by mail (regular, registered or certified) or in person (by personal delivery to the tenant or any person 16 or over who resides at the premises AND affixing the notice to the INSIDE of the main entry door) at the premises in question.
These requirement change if the lease is expired and the tenant is "holding over," or where the Lease provides for a longer notice period, or in instances where there is no mailbox (and a keyless bolt device, alarm system or dangerous animal).
