How to Count Days for a Texas Eviction Notice (s. 24.0042)
Under Tex. Prop. Code s. 24.0042, day 1 of a Chapter 24 period is the day after the triggering event, Saturdays, Sundays, and holidays all count, and if the last day lands on a weekend or holiday the period runs to the next day that is not one. For the three-day notice in s. 24.005(a), that means, on our reading, counting from the day after delivery. Section 24.0042 was added by SB 38, effective 1 January 2026. This is not legal advice.
The statute, quoted
"A period of time prescribed by this chapter:
(1) does not include the day of the event that begins the period;
(2) includes Saturdays, Sundays, and state or federal holidays;
(3) includes the last day of the period; and
(4) if the last day of the period is a Saturday, Sunday, or state or federal holiday, is extended so that the last day of the period is the next day that is not a Saturday, Sunday, or state or federal holiday."
Four steps
- Identify the event. Our reading is delivery of the notice; the statute does not name the starting event, but s. 24.005(f-3) says the notice "must be delivered" by listed methods. The delivery day is not counted, even if it is a Saturday, Sunday, or holiday.
- Day 1 is the next calendar day. Count every day, weekends and holidays included.
- Day 3 is the last day of the period.
- If day 3 is a Saturday, Sunday, or state or federal holiday, move forward to the next day that is none of those. Skip every blocked day in a row.
The Property Code text we hold does not define or list "state or federal holiday." The examples below use two federal holidays, Veterans Day and Christmas Day (federal law, outside the Property Code). For any less obvious date, ask the justice court clerk. Chapter 24 also does not say whether a holiday that falls on a weekend is "observed" on another day.
Worked examples: three-day notice, 2026 dates
| Delivered | Days 1, 2, 3 | Day 3 is | Period ends | First day to file (conservative) |
|---|---|---|---|---|
| Mon, Oct. 19 | Tue 20, Wed 21, Thu 22 | Thursday | Thu, Oct. 22 | Fri, Oct. 23 |
| Fri, Oct. 23 | Sat 24, Sun 25, Mon 26 | Monday | Mon, Oct. 26 (weekend days counted) | Tue, Oct. 27 |
| Thu, Oct. 22 | Fri 23, Sat 24, Sun 25 | Sunday | Extended to Mon, Oct. 26 | Tue, Oct. 27 |
| Wed, Oct. 21 | Thu 22, Fri 23, Sat 24 | Saturday | Extended to Mon, Oct. 26 | Tue, Oct. 27 |
| Sun, Nov. 8 | Mon 9, Tue 10, Wed 11 | Wed, Nov. 11 (Veterans Day) | Extended to Thu, Nov. 12 | Fri, Nov. 13 |
| Tue, Dec. 22 | Wed 23, Thu 24, Fri 25 | Fri, Dec. 25 (Christmas Day) | Sat 26 and Sun 27 skipped; extended to Mon, Dec. 28 | Tue, Dec. 29 |
Open points the statute does not answer. (1) Section 24.005(a) requires notice "before the landlord files." Neither s. 24.005 nor s. 24.0042 says whether suit may be filed on the last day or only after it; the last column uses the day after, as the cautious reading. (2) The text does not say whether a mailed notice is "delivered" on the mailing day or the arrival day; the examples assume hand delivery or delivery inside the premises. (3) Section 24.0042 covers "a period of time prescribed by this chapter." The three-day default comes from s. 24.005(a), but that sentence also lets the parties contract for "a shorter or longer notice period." The text does not say whether s. 24.0042 governs counting a lease-set period. Read the lease and ask a Texas attorney.
Chapter 92 deadlines are not automatically counted this way
Section 24.0042 opens "A period of time prescribed by this chapter," meaning Chapter 24. It does not mention Chapter 91 or 92, and no other section in the Property Code text we worked from (Chapters 1, 24, 91, 92, 93) refers to it. The Chapter 92 sections below use their own words:
| Section | Words in the statute | What follows |
|---|---|---|
| s. 92.103(a) | "on or before the 30th day after the date the tenant surrenders the premises" | Subsections (a) to (c) contain no weekend or holiday extension. Do not assume s. 24.0042 supplies one. |
| s. 92.008(q) | "at least two days, not including weekends or state or federal holidays" | Weekends and holidays are excluded: the opposite of s. 24.0042(2). |
| s. 92.0081(d)(3) | "not later than the fifth calendar day before the date on which the door locks are changed" | Counted in "calendar day" terms, in that section's own wording. |
| s. 92.024(a) | "Not later than the third business day after the date the lease is signed" | The text does not define "business day." |
| s. 92.353(c) | "the required date shall be extended to the end of the next day following the Saturday, Sunday, or holiday" | Application-deposit dates only, and worded differently from s. 24.0042(4). |
Other law that might fill a gap is outside these files; ask an attorney.
Common mistakes
- Counting the delivery day as day 1.
- Skipping weekends, as if counting business days. Section 24.0042(2) includes them.
- Letting the notice "end" on a Saturday or Sunday instead of extending to the next day that is not one.
- Extending by one day only. At Christmas 2026 the extension runs past Saturday and Sunday to Monday.
- Filing on day 3 without settling whether the last day is safe.
- Using this method for deposit, lockout, or lease-copy deadlines in Chapter 92.
- Assuming a date is not a holiday without checking with the clerk.
Currency: s. 24.0042 History: "Added by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 2, eff. January 1, 2026"; its wording in the SB 38 enrolled text is identical. s. 24.005: "Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 3," "Sec. 4," and "Sec. 15(1), eff. January 1, 2026." s. 92.103: "Amended by Acts 1995, 74th Leg., ch. 744, Sec. 3, eff. Jan. 1, 1996." s. 92.008: last printed "Acts 2013, 83rd Leg., R.S., Ch. 899 (H.B. 1086), Sec. 1, eff. September 1, 2013." s. 92.0081: last printed "Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 1, eff. January 1, 2008." s. 92.024: "Added by Acts 2013, 83rd Leg., R.S., Ch. 588 (S.B. 630), Sec. 1, eff. January 1, 2014." s. 92.353: "Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996," no later amendment printed.
Sources
- Tex. Prop. Code s. 24.0042 — Texas Legislature, Property Code
- Tex. Prop. Code s. 24.005 — Texas Legislature, Property Code
- Tex. Prop. Code s. 92.008 — Texas Legislature, Property Code
- Tex. Prop. Code s. 92.0081 — Texas Legislature, Property Code
- Tex. Prop. Code s. 92.024 — Texas Legislature, Property Code
- Tex. Prop. Code s. 92.103 — Texas Legislature, Property Code
- Tex. Prop. Code s. 92.353 — Texas Legislature, Property Code
Related guides
- Texas Security Deposit Law: The 30-Day Rule and 'Surrender' (2026)
- Texas Forwarding Address Rule: Does the 30-Day Clock Start? (92.107)
- Texas Itemized Deposit List: What to Include and What Not to Deduct
- Texas Bad-Faith Deposit Penalty: $100 + 3x + Fees (s. 92.109)
- Texas Notice to Vacate vs. Notice to Pay Rent or Vacate After SB 38
- Delivering a Texas Notice to Vacate in 2026: The Four Methods
- Texas Eviction Steps in 2026: Petition, Hearing, Writ of Possession
- Texas Late Fee Rules: Two-Full-Days Rule, Reasonable Fees (2026)
- Can a Texas Landlord Change the Locks Over Unpaid Rent? (s. 92.0081)
- Texas Landlord Notices by E-mail: s. 92.113 vs. Notice to Vacate
- Why Texas City Eviction Ordinances Can't Override the Property Code
Informational only, not legal advice. Statute text checked against the Texas Property Code (Chapters 1, 24, 91 and 92) as published by the Texas Legislative Council on October 5, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Texas landlord-tenant attorney.
Want the complete picture? The Texas Small Landlord Compliance Guide puts the deposit, notice and eviction rules of Property Code Chapters 24, 91 and 92 in one place, with each rule cited to the text in force since SB 38.
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