Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Wednesday, February 20, 2013

Notice Requirement prior to Eviction Suit

Eviction suit – Prior Notice Requirement

Under Texas Property Code section 24.005, the landlord must give a tenant at sufferance at least three days' written notice to vacate before the landlord files a forcible detainer action. See TEX. PROP. CODE ANN. § 24.005(b). The notice to vacate shall be given in person or by mail at the premises in question. Id. at § 24.005(f). Notice by mail may be "by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question." Id. The notice period is calculated from the day on which the notice was delivered. Id. at § 24.005(g).
SOURCE: FIRST COURT OF APPEALS - 01-11-00546-CV – 4/26/2012