1. Give the Tenant Notice. Tenant sitting at table reading eviction notice ; 2.- Use this form to begin your eviction case (this form is for use when the Emergency Orders have expired!). The landlord must deliver a written "Notice to Vacate" or "Demand for Possession" naming each occupant the landlord seeks to evict from the premises. Failure to Pay The appeal court (or Justice Court if appeal has not been completed to higher court) issues a Writ of Possession on motion. An atwill tenant must be given at least 3 days' notice to vacate, according to Texas Property Code Section 94.005(b). Under Texas law, guests who refuse to leave may be considered tenants who must be formally evicted. Sec 24.006анааIf the landlord wishes to recover attorney fees the notice must state the tenant must vacate before the 11th day. JURISDICTION. In the example above, you gave a termination notice on. January 27th telling the tenant the lease will end on February 28th.