Ensuring Compliance with Three-Day Notices: A Landlord’s Guide

Welcome to TPS’s essential guide for landlords on properly counting three days for a notice to vacate.

Understanding and applying the correct counting method is crucial in avoiding delays and financial losses in the eviction process.

Understanding the Three-Day Notice

A three-day notice to vacate is a legal requirement for landlords before they can file an eviction lawsuit. This notice must be properly timed according to Texas law to be considered valid.

Correct Counting Method

Day Zero:

• The day the notice is delivered is considered ‘Day Zero.’ This day does not count towards the three-day notice period.

Start Counting:

• Start counting from the day after the notice is delivered. If you deliver on Friday, Saturday is Day One.

Count Full Days:

• Include all days in the count, including weekends and holidays. The three full days must pass before you can take further legal action.

Implications of Incorrect Counting

Delay in Proceedings:

• Incorrect counting can lead to premature filing, which may result in the dismissal of the eviction case.

Financial Loss:

• Each day of delay can result in lost rent and additional legal costs, accumulating to significant financial losses.

Best Practices for Landlords

Documentation:

• Always document the delivery date and method of your notices.

Legal Consultation:

• Consult with a legal professional or a process serving company like TPS to ensure that all procedures are correctly followed.

Consistency:

• Apply the same counting rules uniformly across all eviction notices to avoid discrepancies and legal challenges.

Conclusion: Minimize Risk and Ensure Compliance

Properly counting the days for your three-day notice to vacate is more than a procedural formality—it’s a necessity to safeguard your property management practices and financial stability.