Consideration of facts and circumstances is essential in determining the contents, method of delivery, and notice periods for notices to vacate. The practitioner should carefully read the relevant statutes, in particular Tex. Prop. Code §§ 24.005 and 24.006, and modify this form appropriately. See the discussion at sections 28.21:3–:5 in this manual and form 28-13.
Notice to Vacate for Nonpayment of Rent
[Date]
[Name of lessee] Via Certified Mail, Return Receipt
[Address] Requested No. [number],
First-Class Mail and Hand Delivery
RE: Notice to vacate for nonpayment of rent under lease (the “Lease”) dated [date] between [parties to lease] for [describe leased premises] (the “Property”)
[Salutation]:
Because you have not paid rent on the Property under your Lease, your rights to occupancy and possession of the Property are hereby terminated under the provisions of the Lease. You are still liable for rent and other charges you may owe under the Lease.
Demand for possession of the Property is hereby made. You are hereby given notice to vacate the Property on or before midnight on [date], which is at least three days from the delivery of this notice to you and to the Property as required by Tex. Prop. Code § 24.005(a) and § 24.005(f). Your failure to vacate will result in appropriate legal action before the justice of the peace. Delay or postponement of such action shall not constitute waiver.
Sincerely,
[Name of attorney]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]