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 notice to be in writing and to give the tenant at least three days to pay the rent or move out, unless the lease specifies a different period. The notice must be delivered to the tenant either in person, by mail, or by leaving it inside the premises at a conspicuous place. If the tenant fails to comply with the notice, the landlord may then file an eviction lawsuit (forcible entry and detainer suit) with the appropriate justice court. It's important to note that the actual eviction can only be carried out by a law enforcement officer and only after a court order is issued.
