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 discussion at sections 28.21:3–:5 in this manual and form 28-12.
Notice to Vacate for Nondelinquency Breach of Lease
[Date]
[Name of lessee] Via Certified Mail, Return Receipt
[Address] Requested No. [number],
First-Class Mail and Hand Delivery
RE: Notice to vacate for nondelinquency breach of lease dated [date] (the “Lease”), between [parties to lease], for [describe leased premises] (the “Property”)
[Salutation]:
You have violated paragraph number[s] [number[s]] of the Lease, in that you [describe default(s)]. This is a substantial breach of the Lease. This is to notify you that my client is therefore exercising [his/her] right under the Lease to terminate your rights of occupancy and possession, effective immediately. You are still liable for rent and other charges you may owe under the Lease.
If you have not already moved out, demand for possession is hereby made and you are hereby given notice to vacate the Property on or before midnight on [date], which is at least one day from the delivery of this notice to you or to the Property. Failure to move out by then will result in 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]