How to Respond to a 3 Day Notice to Vacate in Texas

Keep a record of your response to a 3-day notice to vacate.
Keep a record of your response to a 3-day notice to vacate. (Image: Hemera Technologies/ Images)

If you fail to pay your rent on time, even by one day, your landlord can file an eviction against you. According to Texas state law, landlords must provide a three day written notice before filing an eviction. Once you receive this notice, you can either vacate the property or work out retaining your lease with your landlord by paying your past due rent before the three days pass.

Responding to an Eviction Notice

Read the three day written Notice to Vacate carefully. The landlord may include how to pay your past due rent, how much you owe to the landlord or other information that can help you avoid eviction.

Verify the amount of past due rent your landlord claims using your own records. The landlord cannot legally ask you to pay a month in advance or pay more rent than you initially agreed.

Check your lease agreement to determine whether you owe the landlord any late fees. The landlord can only charge you a late fee if he indicated one in the lease agreement.

Write your landlord a letter explaining your intent to pay the past due rent. Make a copy of the letter for your personal records.

Include a personal check, cashier’s check or money order for the full amount of past due rent and any associated fees with your letter. Mail the letter and payment certified mail, or hand deliver the payment to the landlord. The landlord can accept or refuse your payment. If the landlord accepts the payment, he can still legally file for an eviction.

Create a written record of your correspondence with your landlord. Mark down the date you received the written notice, the date you made the payment and any information the landlord gave you.

Gather all documentation of correspondences and information shared between your landlord and you. You may need to present this documentation in court if the landlord files for an eviction. A judge may choose to overturn or uphold the eviction, depending on the nuances of the situation and the documentation provided by both parties.

Tips & Warnings

  • Your local Legal Aid office can help you prepare for your eviction hearing.

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