Delivering a Texas Notice to Vacate in 2026: The Four Methods

Under Tex. Prop. Code s. 24.005(f-3), “A notice required by this section must be delivered using at least one of the following methods”: mail, delivery to the inside of the premises in a conspicuous place, hand delivery to a tenant 16 or older, or, only if the parties agreed in writing, electronic communication. Under s. 24.005(f-4), that list “does not apply if the tenant actually receives the notice.” This describes the statute; it is not legal advice.

What changed on 1 January 2026

SB 38 (Acts 2025, 89th Leg., R.S., Ch. 960) added s. 24.005(f-3) and (f-4) and repealed s. 24.005(f), (f-1), (f-2), (g), (h) and (i), effective 1 January 2026. SB 38 Sec. 17 applies the changes to suits whose petition is filed on or after that date. This article does not describe the repealed subsections; check any older form that relies on them.

The four methods, in the order the statute prints them

Subsection (f-3) says “at least one” method and does not rank them. Quoted from the statute:

E-mail: only what s. 24.005 says

Under s. 24.005(f-3)(4) the one printed condition is that “the parties have agreed in writing.” Without that written agreement, e-mail is not one of the four methods. Section 92.113 (“Notice by e-mail”) is a separate rule in Chapter 92 that covers notices “required or permitted by this subchapter.” It has its own condition; read it there. Do not carry its wording into s. 24.005(f-3)(4), or the reverse.

When is delivery complete?

Not stated. Current s. 24.005 has no rule saying a mailed notice is delivered on the day of mailing, a set number of days later, or on receipt, and none for the inside-the-premises or e-mail methods. The only receipt language in the delivery rules is (f-4). Its text does not say how receipt is proved or which day starts the notice period. That is not in the Property Code; ask the justice court clerk or a Texas attorney.

Counting the days: s. 24.0042

Section 24.0042 governs periods “prescribed by this chapter.” Quoted: a period “does not include the day of the event that begins the period”; “includes Saturdays, Sundays, and state or federal holidays”; and if the last day is a Saturday, Sunday or holiday, it “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.” The default notice is “at least three days’ written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement” (s. 24.005(a)).

Worked example (illustration only). Assume the event that begins the period is delivery on Thursday 5 November 2026 (the statute does not say which event counts). Day 1 is Friday 6th, day 2 Saturday 7th, day 3 Sunday 8th. That last day is a Sunday, so it moves to Monday 9 November 2026.

Delivery log template

The statute does not require a log; it is a record of which method you used and when.

NOTICE DELIVERY LOG - Tex. Prop. Code s. 24.005(f-3)
Property address: ______________________  Tenant(s): ______________
Notice type: [ ] notice to vacate  [ ] notice to pay rent or vacate
Notice period (lease, or 3-day default): ____ days  Notice dated: ______
Method used (at least one):
[ ] (1) MAIL  [ ] first class [ ] registered [ ] certified [ ] delivery service
      Sent (date/time): ________  Receipt/tracking no.: ____________
      Address used: ______________________
[ ] (2) INSIDE THE PREMISES, conspicuous place
      Date/time: ________  Where placed: ______________  Photo kept [ ]
[ ] (3) HAND DELIVERY to a tenant 16 or older
      Date/time: ________  Tenant handed to: ____________
      How age was confirmed: ______________
[ ] (4) ELECTRONIC (only if agreed in writing)
      Written agreement dated: ______  Where kept: __________
      Sent (date/time): ________  Address used: ______________
Did the tenant actually receive it (s. 24.005(f-4))?  [ ] yes [ ] no [ ] unknown
      How known (reply, conversation, signed receipt): ______________
Copy of notice kept [ ]   Delivered by: ______________
Period counted from: ________  Last day under s. 24.0042: ________

Common mistakes

• Wrong form of notice. For nonpayment-only terminations of a tenant who was not late before the month of notice, s. 24.005(a) says the notice “shall be given in the form of a notice to pay rent or vacate.” Delivery cannot fix the wrong form.
• Leaving the notice only on the outside of the door. Method (2) says “inside of the premises.”
• Handing it to someone under 16, or to a person who is not a tenant.
• Sending e-mail with no written agreement, or relying on s. 92.113 instead of s. 24.005(f-3)(4).
• Following an old form built on the repealed subsections.
• Counting only weekdays. Section 24.0042 includes weekends and holidays, then extends a last day that lands on one.
• Confusing this notice with the attorney’s-fees demand in s. 24.006(a), which has its own rule: “registered mail or by certified mail, return receipt requested.”
• Skipping the log, then having nothing to show if the tenant says the notice never arrived.

On our reading, the method mistakes above matter mainly if receipt is disputed, because (f-4) says (f-3) does not apply if the tenant actually receives the notice. If the tenant disputes delivery, or the lease sets a different method or period, see a Texas attorney or ask the justice court clerk.

Currency (text as of October 2026). s. 24.005 History: “Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 3,” “Sec. 4,” and “Sec. 15(1), eff. January 1, 2026.” s. 24.0042: “Added by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 2, eff. January 1, 2026.” s. 92.113: “Added by Acts 2025, 89th Leg., R.S., Ch. 732 (H.B. 2037), Sec. 2, eff. September 1, 2025.”

Sources

• Tex. Prop. Code s. 24.005 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.0042 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.006 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.113 — 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
• How to Count Days for a Texas Eviction Notice (s. 24.0042)
• 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.