3 Day Notice to Vacate Prior to Filing Unlawful Entry and Detainer - Nonresidential
Sec. 24.005. Notice to Vacate
Prior to Filing Eviction Suit.
(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. A landlord who files a forcible detainer suit on grounds
that the tenant is holding over beyond the end of the rental term or renewal
period must also comply with the tenancy termination requirements of Section
91.001.
(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. If a building is purchased at a
tax foreclosure sale or a trustee's foreclosure sale under a lien superior
to the tenant's lease and the tenant timely pays rent and is not otherwise
in default under the tenant's lease after foreclosure, the purchaser must
give a residential tenant of the building at least 30 days' written notice
to vacate if the purchaser chooses not to continue the lease. The tenant
is considered to timely pay the rent under this subsection if, during the
month of the foreclosure sale, the tenant pays the rent for that month
to the landlord before receiving any notice that a foreclosure sale is
scheduled during the month or pays the rent for that month to the foreclosing
lienholder or the purchaser at foreclosure not later than the fifth day
after the date of receipt of a written notice of the name and address of
the purchaser that requests payment. Before a foreclosure sale, a foreclosing
lienholder may give written notice to a tenant stating that a foreclosure
notice has been given to the landlord or owner of the property and specifying
the date of the foreclosure.
(c) If the occupant is a tenant of
a person who acquired possession by forcible entry, the landlord must give
the person at least three days' written notice to vacate before the landlord
files a forcible detainer suit.
(d) In all situations in which the
entry by the occupant was a forcible entry under Section 24.001, the person
entitled to possession must give the occupant oral or written notice to
vacate before the landlord files a forcible entry and detainer suit. The
notice to vacate under this subsection may be to vacate immediately or
by a specified deadline.
(e) If the lease or applicable law
requires the landlord to give a tenant an opportunity to respond to a notice
of proposed eviction, a notice to vacate may not be given until the period
provided for the tenant to respond to the eviction notice has expired.
(f) The notice to vacate shall be
given in person or by mail at the premises in question. Notice in person
may be by personal delivery to the tenant or any person residing at the
premises who is 16 years of age or older or personal delivery to the premises
and affixing the notice to the inside of the main entry door. Notice by
mail may be by regular mail or by registered or certified mail, return
receipt requested, to the premises in question.
(g) The notice period is calculated
from the day on which the notice is delivered.
(h) A notice to vacate shall
be considered a demand for possession for purposes of Subsection (b) of
Section 24.002.