Policy and Procedure for Issuing 3-Day Notice to Vacate

Policy Overview
This policy outlines the procedure for issuing a 3-Day Notice to Vacate (NTV) to tenants who have not paid rent by the 10th of the month or the following business day. In compliance with federal and Texas state laws, including the CARES Act and Texas Property Code (TPC) Section 24.005, strict guidelines must be followed to ensure legal validity and provide evidence in any potential eviction proceedings.

BOTH THE 3 Day NTV and the ENVELOPE MUST BE ADDRESSED TO THE TENANT(S) AND ALL OTHER OCCUPANTS.

Additionally, the DELIVERY box must also be fully completed to list electronic, hand delivered and certified mailed.


Procedure

1. Timing

  • The 3-Day NTV should be prepared for tenants who have not paid rent by the 10th of the month or the next business day.
  • Verify if the property falls under the CARES Act requirements. If so, a 30-Day NTV may be required instead of a 3-Day NTV.
  • Notify the owner of your intent to deliver the 3 Day NTV.
  • In AppFolio disable the tenant's online rent payment access (see #4) and require the rent payment to be made via certified funds. Certified funds must be delivered to the Regus office located at: 7000 N Mopac Expwy, Suite 200, Austin, TX 78731. Please ensure payments are clearly labeled with the tenant's name and property address. The tenant may resume paying rent online the following month once the full rent is paid.

2. Delivery Methods

The following delivery methods comply with the Texas Property Code and will be posted by Walt or TOP Field Tech:

A. Hand Delivery or Posting Inside the Main Entry Door

  • Attempt personal delivery to the tenant or anyone 16 years of age or older residing at the property.
  • If hand delivery is not possible, post the NTV on the inside of the main entry door.
  • Take multiple, clear photographs of the posted NTV for documentation and send to TOP employees.

B. Posting Outside the Main Entry Door

If the conditions below prevent access for hand delivery or posting inside the door, the notice can be posted on the outside of the main entry door:
  • No mailbox or access to the inside of the door.
  • Presence of a keyless bolting device, alarm system, or dangerous animal.
  • Reasonable belief that personal delivery poses a risk of harm.
Requirements for Posting Outside the Door:
  • Place the NTV in a sealed envelope.
  • Label the envelope with:
    • "IMPORTANT DOCUMENT" in capital letters.
    • Tenant’s name(s), "And All Occupants," and the full property address.
  • Photograph the sealed envelope on the door as evidence.

C. Mailing Requirements

  • If the NTV is posted outside, mail a copy of the notice the same day by 5 PM.
  • Use first-class mail, registered mail, or U.S. Certified Mail, Return Receipt Requested (CMRR).
  • Send the mail from the same county as the property.

3. Documentation

  • Always have a witness (e.g., management or maintenance staff) accompany you during delivery.
  • Take clear photographs or videos of the delivery or posting process.
  • Keep tracking information for mailed notices as evidence of compliance.
  • Email Tenant the 3 day Notice to Vacate

4. Turn OFF Acceptance of Electronic Funds Payments in AppFolio
  1. Log into the tenant portal (AppFolio).
  2. Locate the tenant's page and ensure you're editing the main leaseholder (repeat for each leaseholder, if applicable).
  3. Navigate to the status section and click "Edit."
  4. Unselect the option "Allow online payments."
  5. Save the changes to require the tenant to pay with Certified Funds Only.
  6. Reason: Ensures payment clarity for eviction processes, as rejected electronic payments can delay actions by 3–5 business days.
  7. How to disable electronic funds in AppFolio

5. Recordkeeping
  • Maintain copies of the NTV, photographs, and mailing receipts in the tenant’s file for future reference.
  • Email
Below is an example of the NTV for posting to the outside of the main entry door & an email to send to the tenants if you proceed with this option. 

Hi Tenant name(s) & All other occupants,

Attached, please find the Notice to Vacate notice for nonpayment of rent.

The notice to vacate has been posted on the main entry door in compliance with section 24.005 of the Property Code. Additionally, we have mailed the notice to vacate to the dwelling via U.S. Certified Mail, return receipt requested.

Thanks!
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