Starting January 1, 2026, Texas landlords and property managers will need to revise a foundational part of their eviction tool-kit: the type of pre-suit notice they serve. The recently amended rules — part of sweeping changes to eviction law — distinguish between when you must serve a “Notice to Pay Rent or Vacate” and when you may (or should) serve a “Notice to Vacate.”

Here’s how to navigate the new landscape.

🔎 Why the Change Matters

Under prior practice, many landlords simply issued a “Notice to Vacate” when rent was late, regardless of tenant history. That often worked — but it also opened the door to defense arguments, delays, and evictions being dismissed for improper notice.

The 2026 amendments change that. Now, depending on the tenant’s payment history and the nature of the lease violation, landlords may be required to serve the narrower “Pay Rent or Vacate” notice instead of a general “Vacate” notice. That means property managers must be more attentive and deliberate — but the good news is, when done correctly, the new framework actually gives landlords clearer, stronger footing in eviction cases.

📄 What’s the Difference: Notice to Pay Rent or Vacate vs. Notice to Vacate

Notice Type

When It’s Required / Permitted

What the Notice Does / Means

Notice to Pay Rent or Vacate

Required if: (1) the tenant’s default is only nonpayment of rent; (2) the tenant has no prior delinquency before the month of default; and (3) there are no other lease violations.

Gives tenant a short window (statutory deadline) to either pay all rent owed (plus any authorized charges) or vacate. Failure means eviction filing.

Notice to Vacate (standard)

Permitted (or required) when: the tenant has a history of prior delinquencies, or the default involves non-rent lease violations (e.g. unauthorized pets, damage, lease breaches), or in a holdover situation after lease expiration.

Terminates tenancy and demands that tenant vacate by a specific deadline, without the “pay-or-stay” option.

In short: the “Pay Rent or Vacate” option remains for first-time rent delinquencies. But once a tenant has been delinquent before — or if there’s any other type of lease breach — the landlord should or must use a “Notice to Vacate.”

🛠 What This Means for Landlords & Management Companies

1. Check Payment History Before Serving Notice
Gone are the days of automatic “3-day pay or vacate” letters. Before deciding which notice to serve, review the tenant ledger. If there’s any prior lateness — even if previously cured — use a Notice to Vacate.

2. Update Lease Violation / Notice Templates
Your internal notice templates need updating: have distinct versions for “Pay Rent or Vacate” and “Vacate.” Make sure terms like “solely nonpayment” and “prior delinquency” are clearly defined.

3. Train Leasing & Office Staff
The notice decision point is now a critical compliance moment. Staff should know:

• When a “Pay or Vacate” notice is allowed (first delinquency only)
• When a “Vacate” notice is required or safer (repeats, holdovers, non-rent default)

4. Document Everything
Use detailed, legally vetted notices. Include payment terms, total due, deadline date/time, delivery method options, and a robust proof-of-delivery section. Courts will expect full compliance.

5. Update Enforcement Workflows
Because the notice type matters, eviction flow-charts and case-opening protocols must be updated. Cases filed under the wrong notice risk dismissal or delays.

✅ Why This Is Actually a Net Win for Landlords

At first glance, this added specificity may feel like more red tape — but in reality it strengthens eviction filings. Done properly, it reduces tenant defenses, avoids procedural challenges, and gives courts clear statutory reasoning for eviction. For landlords who track tenant history carefully and use airtight notice templates, this new law turns into a tool for smoother, faster, and more defensible evictions.

If your management company needs updated notice templates (Pay-or-Vacate and Vacate) or staff training on the new 2026 law, I’m available to help.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.