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Texas § 24.005 Pay-or-Vacate Notice
Download the Texas Notice to Pay Rent or Vacate packet for ordinary residential nonpayment under Texas Property Code § 24.005. This editable Word packet reflects Senate Bill 38 / January 1, 2026 changes and includes the three files listed below.
This Texas pay-or-vacate packet helps document the rent delinquency, deadline, permitted § 24.005 delivery method, delivery proof, late-fee caution, and records a landlord should keep before deciding whether a court filing is the next step.
Built for ordinary Texas residential nonpayment, with fields for tenant and property details, unpaid rent, payment instructions, deadline, landlord signature, and certificate of delivery.
Download the editable Word files, customize the notice on your own device, and keep a completed or served copy for your records.
Use the notice, cover sheet, and envelope to document allowed delivery, avoid the repealed outside-door method, count the deadline, and preserve proof before any eviction filing.
This product includes three editable Microsoft Word files: the Texas Notice to Pay Rent or Vacate, an optional Mailing / Delivery Cover Sheet, and a #10 Mailing Envelope. The cover sheet and envelope are delivery aids only; keep separate proof of § 24.005 delivery.
Self-help notice overview
A Texas Notice to Pay Rent or Vacate is used for ordinary residential nonpayment situations under Texas Property Code § 24.005. The notice asks the tenant to pay the unpaid rent or vacate before any later eviction filing; it is not itself a court filing, hearing notice, judgment, or writ of possession.
Senate Bill 38 amended Chapter 24 effective January 1, 2026. For a nonpayment-only case, § 24.005 generally requires a pay-or-vacate opportunity when the tenant was not late or delinquent before the month in which the notice is given. If the tenant was late or delinquent before that month, a pay-or-vacate notice remains available, while a vacate-only notice may also be permitted.
Current Texas delivery methods include mail or commercial delivery service, inside-premises conspicuous placement, hand delivery to a tenant age 16 or older, or electronic delivery if authorized in writing. Do not use the repealed outside-door sealed-envelope method unless Texas counsel confirms another valid basis.
This page highlights the current downloadable Texas nonpayment packet: the editable Notice to Pay Rent or Vacate, an optional Mailing / Delivery Cover Sheet, and a #10 Mailing Envelope. The state-specific guidance below explains pay-or-vacate scope, SB 38 / 2026 changes, delivery methods, deadline counting, late-fee limits, overlay exclusions, court-stage separation, and records to keep before checkout.
The complete notice form is available immediately after checkout. Use the state-specific guidance below to understand timing, service, and next-step considerations before you complete and serve the notice.
ILRG editorial team reviewed this page against the sources linked here.
Primary Texas sources are linked for self-help research. Confirm the current Texas Property Code § 24.005 text, lease notice period, delivery method, federal or program-specific overlay, rent-only amount, deadline, and court-stage requirements before serving or filing.
Quick answer
Use this Texas Notice to Pay Rent or Vacate packet for ordinary residential nonpayment situations under Texas Property Code § 24.005. It includes three editable Word files: the pay-or-vacate notice, an optional mailing/delivery cover sheet, and a #10 envelope. The notice reflects Senate Bill 38 changes to Chapter 24 effective January 1, 2026.
This packet is for Texas residential nonpayment. Senate Bill 38 amended Texas Property Code Chapter 24 effective January 1, 2026, including the pay-or-vacate framework in § 24.005.
For a nonpayment-only case, § 24.005 generally requires a notice to pay rent or vacate if the tenant was not late or delinquent in paying rent before the month in which the notice is given. If the tenant was late or delinquent before that month, a pay-or-vacate notice remains available, while a vacate-only notice may also be available. The lease and federal or program-specific rules can require more.
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Yes. The downloadable files are Texas-specific and are built around Texas Property Code § 24.005 for ordinary residential nonpayment situations, including the Senate Bill 38 / January 1, 2026 pay-or-vacate updates.
Three editable Microsoft Word files: the Texas Notice to Pay Rent or Vacate, an optional Mailing / Delivery Cover Sheet, and a #10 Mailing Envelope. The notice file includes landlord instructions, a certificate of delivery, and a record checklist; the cover sheet and envelope are aids only, not substitutes for delivery proof.
For a nonpayment-only case, Texas Property Code § 24.005 generally requires a notice to pay rent or vacate if the tenant was not late or delinquent in paying rent before the month in which the notice is given. If the tenant was late or delinquent before that month, a pay-or-vacate notice remains available, while a vacate-only notice may also be permitted. Lease, federal, and program-specific rules can require more.
Current Texas law allows delivery by mail or commercial delivery service, delivery inside the premises in a conspicuous place, hand delivery to a tenant of the premises who is at least 16 years old, or electronic communication if the lease or a separate written agreement authorizes that method. Do not use the repealed outside-door sealed-envelope method unless Texas counsel confirms a separate valid basis.
Do not count the day the notice is delivered. Count Saturdays, Sundays, and state or federal holidays. If the last day falls on a Saturday, Sunday, or legal holiday, extend the deadline to the next day that is not a Saturday, Sunday, or legal holiday. A lease or federal/program-specific rule may require a longer period.
Use care. This product is for unpaid rent. Keep late fees, utilities, damages, attorney fees, court costs, and other non-rent charges out of the rent demand unless the lease and applicable law allow that treatment. Texas Property Code § 92.019 separately limits residential late fees.
No. The notice is a pre-suit step, not an eviction order, court filing, summons, hearing notice, judgment, or writ of possession. If the tenant does not pay or vacate after proper notice, the landlord may still need to file and prove an eviction case in court before possession can change.
No. ILRG provides self-help legal forms and information, not legal advice. Review the completed notice, lease terms, Texas law, delivery proof, federal or subsidized-housing requirements, and local court requirements before serving or relying on it.