Common Mistakes Landlords Make When Issuing Eviction Notices—and How to Avoid Them

Issuing an eviction notice is one of the most critical steps in the Eviction process, yet it is also where many landlords make costly mistakes. Even when a tenant has clearly violated the lease, an improperly issued notice can delay eviction proceedings, result in dismissal by the court, or expose landlords to legal liability. Understanding and following proper eviction notice requirements is essential to protecting your investment and ensuring a smooth legal process.

Eviction laws, particularly in Texas, are designed to balance the rights of property owners with the rights of tenants. Courts strictly enforce notice requirements, and even minor errors can undermine an otherwise valid case.

Below are the most common mistakes landlords make when issuing eviction notices, along with practical guidance on how to avoid them.

1. Failure to Provide Proper Written Notice

One of the most frequent mistakes landlords make is failing to provide eviction notices in writing. Texas law requires landlords to issue written notices to vacate before initiating eviction proceedings. Verbal notices, text messages, emails, or informal conversations do not satisfy legal requirements and will not hold up in court.

The written notice must clearly state the reason for eviction, such as non-payment of rent, violation of lease terms, or holding over after lease expiration. Without a proper written notice, the court may dismiss the eviction case outright, forcing the landlord to restart the process from the beginning.

Best Practice:
Always issue eviction notices in writing and retain copies for your records. Written notices create a paper trail that demonstrates compliance with legal requirements.

2. Providing an Insufficient Notice Period

Another common error is failing to give tenants the legally required amount of time to respond to an eviction notice. In Texas, the standard notice period for non-payment of rent is typically three days, unless the lease specifies a longer period. For lease violations, the notice period may vary depending on the terms of the lease and local regulations.

Issuing a notice that demands immediate eviction or provides an incorrect timeline can invalidate the notice and delay the eviction process. Courts are strict about notice periods and will not allow cases to proceed if tenants were not given adequate time to comply or vacate.

Best Practice:
Carefully review both Texas Property Code and the lease agreement to confirm the correct notice period before issuing an eviction notice.

3. Including Incorrect or Missing Information

Eviction notices must contain specific, accurate information to be legally enforceable. Notices that omit required details or include incorrect figures can lead to unnecessary delays or dismissal of the case.

Key details that should be included in an eviction notice typically include:

• The tenant’s full name as listed on the lease
• The property address
• The reason for eviction
• The amount of rent owed (if applicable)
• The deadline to comply or vacate
• The date the notice was issued

Errors such as misstating the amount owed, listing the wrong address, or failing to specify what action the tenant must take can weaken your legal position.

Best Practice:
Double-check all information before issuing the notice. Accuracy is critical, as even small mistakes can be challenged in court.

4. Not Following Local Regulations

While Texas law provides a general framework for eviction notices, some cities and counties may have additional requirements related to format, delivery methods, or timelines. Landlords who overlook these local regulations risk having their eviction notices deemed invalid.

For example, some jurisdictions may require specific methods of delivery, such as personal delivery, posting on the door, or mailing. Others may impose additional tenant protections during certain circumstances, such as emergencies or disaster-related events.

Best Practice:
Research local ordinances in your city or county and ensure your eviction notices comply with both state and local requirements.

5. Improper Delivery of the Eviction Notice

Even a properly written eviction notice can fail if it is not delivered correctly. Texas law outlines acceptable methods for delivering notices, including personal delivery, mail, or posting on the property under specific conditions.

Failing to follow approved delivery methods can give tenants grounds to contest the eviction, arguing they were never properly notified.

Best Practice:
Document how and when the notice was delivered. Keep photos, mailing receipts, or delivery confirmations whenever possible.

6. Proceeding Too Quickly to Court

Some landlords file eviction cases before the notice period has fully expired. This premature filing violates due process and can lead to automatic dismissal by the court.

Best Practice:
Wait until the notice period has completely elapsed before filing an eviction case, even if the tenant indicates they do not plan to comply.

Issuing an eviction notice is not just a formality—it is a legal requirement that must be handled with precision and care. Mistakes such as improper notice, incorrect timelines, missing information, or failure to follow local regulations can significantly delay the eviction process and increase costs for landlords.

Evictions are challenging, but doing them correctly from the start makes all the difference.