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Supreme Court of Texas, Defendant/Tenant’s Answer in an Eviction Case (2024-12-12)

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Supreme Court of Texas, Defendant/Tenant’s Answer in an Eviction Case (2024-12-12)
Jurisdiction
Texas (state)
Source
Official source

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b. Tenant’s opportunity to respond: If the lease or other law requires the landlord to
give the tenant both a notice of default (e.g., a notice of proposed eviction) and an
opportunity to respond before issuing a notice to vacate. This is common in leases in
subsidized housing.

3. In Texas, how many days’ notice is a landlord required to give a tenant before filing an
eviction? See Texas Property Code §24.005(a)-(c) & (g).

In Texas, unless the written lease requires more or less time, a landlord must give a tenant
at least three days’ written notice before the landlord can file an eviction lawsuit. Start
counting on the day the notice is delivered.

4. Can I include a demand for payment in my notice to vacate? See Texas Property Code
§24.005(i).

No, unless the landlord has already given a written notice or reminder to the tenant that
rent is due and unpaid. If the landlord has sent a written reminder that rent was due and
unpaid, the landlord may include a demand that the tenant pay the delinquent rent or
vacate in the notice to vacate. If the landlord includes a demand that the tenant either
vacate or pay the delinquent rent in the notice to vacate and has not sent a prior written
notice to the tenant to pay rent due, the notice to vacate is not valid.