May 01, 2026

If it is a tenant’s first time being late or delinquent in paying rent and the eviction is for nonpayment of rent alone, the tenant must first receive a notice to pay rent or vacate. This gives the tenant the opportunity to pay the late or delinquent amount. If the tenant does not cure the breach as outlined in the notice to pay rent or vacate, the tenant must vacate the premises to avoid an eviction suit.

When do I use the Notice to Pay Rent or Vacate (TXR 2232)?

It is required to be used for any tenant who has not previously been late or delinquent in paying rent and the default is solely based on the nonpayment of rent. If a tenant has previously been late or delinquent in paying rent, or if the eviction suit is based on nonpayment of rent and any other violation of the lease, the landlord may use either the Notice to Vacate (TXR 2208) or Notice to Pay Rent or Vacate (TXR 2232).

Does the law regarding whether to send a Notice to Pay Rent or Vacate or a Notice to Vacate apply if I entered into a lease prior to January 1, 2026?

Yes. After January 1, 2026, you are subject to the new law requiring a Notice to Pay Rent or Vacate if eviction is solely for nonpayment of rent and a tenant has not previously been late or delinquent in paying rent.

If I use the Notice to Pay Rent or Vacate and tenant does not pay by the date stated, do I have to provide a separate Notice to Vacate?

No. The Notice to Pay Rent or Vacate satisfies the written notice requirement and if a tenant does not cure the breach as stated in the form or move out, the landlord may proceed with filing an eviction suit.

If I use the Notice to Pay Rent or Vacate and the tenant pays, what form should I use if the tenant is subsequently delinquent in paying rent?

Since it is not the tenant’s first time being late or delinquent paying rent, you may use either the Notice to Vacate or Notice to Pay Rent or Vacate.