Usually by the time a landlord brings an eviction matter to me, she has already issued a Notice to Vacate to the tenant. Most often, this Notice provides the tenant with 3 days to move, failing which, they will be evicted.
Unfortunately, however, 3 days is not always sufficient time for a notice to vacate under Texas law.
Texas Property Code Section 24.005 provides the requirements of a Notice to Vacate. This law holds:
(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.
(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.Obviously, this statute does NOT apply to the following non-exhaustive set of circumstances:
- A monthly (month-to-month) tenant who has not breached;
- Some former owners who have lost the property to foreclosure; or
- A tenant who has not breached a lease agreement or held over (but for who the landlord desires to terminate occupancy).
Since proper notice to vacate is JURISDICTIONAL, a court CANNOT order a tenant to vacate or surrender possession if a landlord has not supplied proper notice. As such, if the notice required in a given landlord-tanant or occupancy situation is unclear, the property owner should contact an experienced eviction lawyer.
