Texas Landlord Notices by E-mail: s. 92.113 vs. Notice to Vacate

Two Texas Property Code sections speak to e-mail, and their conditions differ. Tex. Prop. Code s. 92.113 lets notices under its own subchapter go by e-mail if the tenant and landlord “have previously communicated by e-mail.” A notice to vacate is governed by s. 24.005(f-3), which allows electronic delivery “if the parties have agreed in writing.” Neither section refers to the other.

What s. 92.113 says

The whole section, quoted from the statute:

(a) Notice and other communications required or permitted by this subchapter may be sent by e-mail if the tenant and the landlord or landlord’s agent have previously communicated by e-mail.
(b) The landlord or landlord’s agent may designate a specific e-mail address for a tenant to use for the purpose of Subsection (a).

It sits in Subchapter C of Chapter 92, headed “Security Deposits.” Notices in that subchapter include the “written description and itemized list of all deductions” (s. 92.104(c)) and the claim notice for a lease without a deposit (s. 92.110(a)). The text turns on prior e-mail contact, not on a lease clause. It does not define “previously communicated,” and, on our reading, subsection (b) concerns the address the tenant uses, not where you send notices.

What s. 24.005 says about delivery

Subsections (f-3) and (f-4), quoted from the statute:

(f-3) A notice required by this section must be delivered using at least one of the following methods:
(1) mail, including first class mail, registered mail, certified mail, or a delivery service;
(2) delivery to the inside of the premises, in a conspicuous place;
(3) hand delivery to any tenant of the premises who is 16 years of age or older; or
(4) if the parties have agreed in writing, electronic communication, including e-mail or other electronic means.
(f-4) Subsection (f-3) does not apply if the tenant actually receives the notice.

On e-mail, the text says only “if the parties have agreed in writing.” The phrase “previously communicated by e-mail” does not appear in s. 24.005. On the lease: the words “in a written lease or agreement” appear in subsections (a) and (b), but there they govern a shorter or longer notice period, not delivery. Subsection (f-3)(4) says “agreed in writing” and does not say “in the lease.” A signed lease clause is one way to put the agreement in writing; whether a separate writing also counts is not answered in the text. The statute also does not define “actually receives” or say how to prove it.

Why they are different rules

Section 92.113 is in Chapter 92 (residential tenancies) and reaches only “this subchapter.” Section 24.005 is in Chapter 24 (eviction) and reaches “a notice required by this section.” Different acts created them: s. 92.113 comes from H.B. 2037, s. 24.005(f-3) and (f-4) from S.B. 38. Do not carry the “previously communicated” test into an eviction notice, or the “agreed in writing” test into a deposit letter.

Which rule applies

E-mail clause checklist for leases

1. Put the e-mail agreement in writing, since (f-3)(4) requires that the parties “agreed in writing.”
2. Say it covers notices “required by” s. 24.005, using the statute’s words: “electronic communication, including e-mail or other electronic means.”
3. Name the e-mail address the tenant is to use (s. 92.113(b)). Naming the tenant’s address is a drafting choice; the text does not require it.
4. Do not write that e-mail replaces the other methods; (f-3) requires “at least one” of four.
5. Keep real e-mail exchanges with the tenant, since s. 92.113(a) depends on prior e-mail contact.

Common mistakes

• Sending a notice to vacate by e-mail because you have e-mailed the tenant before. That is the s. 92.113 test; (f-3)(4) needs a written agreement.
• Assuming a lease e-mail clause makes deposit letters valid by e-mail. Section 92.113(a) is worded around prior e-mail communication.
• Treating e-mail as the safe default. The text lists mail, delivery inside the premises, and hand delivery with no written-agreement condition.
• Relying on (f-4) in place of proof of delivery. The text does not say how actual receipt is shown.
• Counting days one way for both. Section 24.0042 governs “a period of time prescribed by this chapter” (Chapter 24), including Saturdays, Sundays, and holidays, with a last-day extension. It does not mention Chapter 92 periods.
• Assuming the 3 days run from sending or from receipt. Section 24.005(a) says “at least three days’ written notice” before filing; ask the justice court clerk.

Sources

• Tex. Prop. Code s. 92.113 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.005 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.0042 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.104 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.110 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.024 — Texas Legislature, Property Code
• Tex. Prop. Code s. 91.001 — 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)
• 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)
• 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.