A notice to pay rent or quit—also known as an eviction notice or notice to vacate due to late rent—is a written letter demanding a tenant who is late paying rent (1) pay the rent by a certain date or (2) quit (leave or vacate) the premises.
In Texas, a 'notice to pay rent or quit' is a formal communication from a landlord to a tenant who is behind on rent, stipulating that the tenant must either pay the overdue rent by a specified deadline or vacate the rental property. This notice is typically the first step in the eviction process. Texas Property Code requires the landlord to provide the tenant with at least a three-day notice to vacate unless the lease specifies a different period. This notice must be delivered in person to the tenant or to the premises, or by mail. If the tenant fails to comply with the notice by either paying the overdue rent or vacating the property, the landlord may then file an eviction suit (also known as a 'forcible entry and detainer suit') in the appropriate justice court. It's important to note that the actual eviction of a tenant can only be carried out by a law enforcement officer and only after a court order has been issued.
