LEGAL UPDATE
Improperly Served Notices to Vacate Lead to Losing Evictions and Legal Liability
R. David Fritsche, General Counsel to the San Antonio Apartment Association
In 2013, the Texas Legislature changed the Notice to Vacate statute to add additional
requirements when posting a Notice to Vacate (NTV) on the outside of the main entry door.
In addition to the detail required in all Notices to Vacate:
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If the unit has a mailbox, you are not supposed to post a NTV on the
outside of the main entry door,
o unless you’ve chosen to deliver the NTV in person to someone
over 16 years of age in the unit, but you have reasonable belief of
harm to you by entering the unit;
If the unit does not have a mailbox, the statute allows you to post on the
outside of the main entry door if any of the following three is true:
1. the keyless bolting device is engaged,
2. there is an alarm, or
3. there is a dangerous animal in the unit.
You may post on the outside of the main entry door if there is reasonable
belief of harm by entering.
Tenant advocates are now forcing strict compliance with the statute when defending evictions.
Regardless of the reason for posting a Notice to Vacate on the outside of the main entry door,
you must comply with additional statutory requirements for the Notice to Vacate to be valid.
Many managers are not aware of these requirements; when you do not comply and the
tenant obtains an advocate, you are not only likely to lose your eviction (and perhaps waive
the accrued rent), but have to pay the tenant’s attorneys’ fees.
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