For the “accidental landlord” managing a single-family home in McKinney, understanding and executing formal notice requirements is the single most critical factor in legal compliance. In Collin County, Justice of the Peace (JP) courts are strict: if your notice is defective in its timing, content, or delivery, your case will likely be dismissed, forcing you to restart the weeks-long process from scratch.
Mastering these three essential notice types—Notice to Vacate, Notice to Enter, and Security Deposit Notices—will protect your investment and ensure you maintain the upper hand in legal disputes.
1. The Foundation: The Notice to Vacate
In Texas, you cannot simply tell a tenant to “be out by Friday.” Before you can file an eviction suit (Forcible Detainer), you must serve a written Notice to Vacate according to Texas Property Code $\S 24.005$.
The Timeline
- The Default Rule: Unless your lease specifically states a shorter or longer period, you must give the tenant at least three days’ notice to vacate before filing a lawsuit in McKinney’s Collin County JP court.
- Counting the Days: The three-day period begins the day after the notice is delivered. For example, if you deliver it on Monday, the tenant has Tuesday, Wednesday, and Thursday to move. You can only file the lawsuit on Friday.
Delivery Methods (Strictly Enforced)
Texas law is very specific about how this notice must reach the tenant. Document your delivery carefully:
- Personal Delivery: Hand-deliver it to the tenant or anyone at the property age 16 or older.
- Affixing Inside the Door: Affix the notice to the inside of the main entry door.
- Mail: Send via regular mail, registered mail, or certified mail (return receipt requested).
- The “Outside Posting” Exception: You may only affix the notice to the outside of the door if there is no mailbox and you are prevented from entering (e.g., a dangerous animal or keyless deadbolt) AND you mail a copy by 5 p.m. that same day.
McKinney Pro-Tip: Take a time-stamped photo of the notice affixed to the door. Collin County judges often require proof of service to proceed with an eviction hearing.
2. The Right to Privacy: Notice to Enter
Unlike many states, Texas law does not have a statute requiring a 24-hour or 48-hour notice before a landlord enters a property. Instead, your rights are dictated almost entirely by your written lease agreement.
- Check Your Lease: Most standard Texas leases (like those from the Texas Apartment Association or Texas REALTORS®) specify that the landlord may enter at reasonable times for repairs, inspections, or showings.
- The “Quiet Enjoyment” Rule: Even without a specific statute, tenants have a common-law right to “quiet enjoyment.” This means unannounced or frequent entries for non-emergencies can be considered harassment.
- Best Practice: Always provide at least 24 hours’ notice via text or email for routine maintenance. The only exception is a true emergency (e.g., a burst pipe or fire), where you have the right and duty to enter immediately to protect the property.
3. Ending the Tenancy: Security Deposit Notices
When a tenant moves out of your McKinney home, the clock starts on a strict 30-day deadline to handle their security deposit ($\S 92.103$).
The 30-Day Rule
You must refund the deposit or provide a written, itemized list of deductions within 30 days of the tenant surrendering the property.
Two “Get Out of Jail Free” Conditions
You are not legally obligated to return the deposit until:
- The tenant has officially surrendered the premises (returned keys/moved out).
- The tenant provides you with a written forwarding address.
Deductions vs. Wear and Tear
You can only deduct for damages—not “normal wear and tear.”
- Deductible: Large holes in walls, broken windows, or professional pet-stain removal.
- Not Deductible: Faded paint, minor carpet wear in high-traffic areas, or dusty blinds.
4. Summary Table of Requirements
| Requirement | Timeframe | Legal Reference |
| Notice to Vacate | 3 Days (default) | TX Prop. Code $\S 24.005$ |
| Notice to Enter | Per Lease Agreement | Common Law “Quiet Enjoyment” |
| Deposit Return | 30 Days | TX Prop. Code $\S 92.103$ |
| Itemized Deductions | Required for any withholding | TX Prop. Code $\S 92.104$ |
By adhering to these formal notice requirements, you transition from an “accidental” landlord to a professional one, ensuring your single-family investment in McKinney remains a source of income rather than a legal liability.