Writing a Demand Letter in Texas

Fact-checked against primary sources October 3, 2026

A handful of Texas statutes make a written notice a condition of suing, of recovering attorney's fees, or of a landlord's liability, and each one sets its own content, timing or mailing rule. The longest wait among them is the 60-day notice under the Deceptive Trade Practices Act. This page covers that notice and the other notices found in the Property Code, then explains what a general demand letter is for.

What a demand letter does

A demand letter puts a dispute in writing before anyone goes to court. It tells the other side what happened, what you want, and the date you want it by. It also leaves a dated record of what you asked for.

The facts in a good letter overlap with what a court filing asks for. If a dispute ends up in justice court, Rule 502.2(a) of the Texas Rules of Civil Procedure requires the petition to state the amount of money sought, a description and value of any property sought, any other relief requested, and the basis for the claim. Working out those points for a letter is the same work the petition needs. Our guide to filing a small claims case covers the rest of that process.

Mediation can come up later: Rule 503.5 lets a justice court judge order any case to mediation, a process described step by step on our mediation page.

The DTPA 60-day notice

Before a consumer sues for damages under the Deceptive Trade Practices Act, Business and Commerce Code section 17.505(a) requires written notice "at least 60 days before filing the suit." The notice must describe, in reasonable detail:

the consumer's specific complaint
the amount of economic damages
the amount of damages for mental anguish
expenses, including attorneys' fees, reasonably incurred in asserting the claim

The business can also ask, in writing and within those 60 days, to inspect the goods at a reasonable time and place.

Exceptions. Under section 17.505(b), the notice is not required if waiting 60 days would let the statute of limitations run out, or if the consumer raises the claim as a counterclaim.

What happens if notice is skipped. A defendant who did not get notice may file a plea in abatement "not later than the 30th day after" filing its original answer. If the plea is verified and the consumer does not file a contrary affidavit, the suit is abated automatically starting on the 11th day after the plea is filed. The pause lasts until the 60th day after proper notice is served.

The settlement window. Section 17.5052(a) lets the business make a settlement offer from the day it receives the notice through the 60th day after that date. If the consumer turns down an offer at or above, or substantially equal to, the damages later found at trial, the same section caps the consumer's damages at the lesser of the amount offered or the amount found at trial (section 17.5052(g)). That cap does not apply if the court finds the business could not perform the offer when it made it, or substantially misrepresented the offer's cash value (section 17.5052(i)). Under section 17.5051, either side may move to compel mediation within 90 days after the DTPA pleading is served. That motion is not available when the economic damages claimed are less than $15,000, unless the party asking for mediation agrees to pay its costs.

Section 17.505 does not name a delivery method for the notice itself. In a class action, section 17.501(a)(1) requires the consumer to send a copy of the notice to the consumer protection division "by registered or certified mail." Our page on consumer protection rights covers what the DTPA prohibits.

Tenant repair notices

A tenant's repair remedies depend on notice. Under Property Code section 92.056(b), a landlord becomes liable only if the tenant gave notice to repair "to the person to whom or to the place where the tenant's rent is normally paid," and then either:

gave a second written notice after the landlord had a reasonable time to repair, or
sent the first notice in a trackable way: certified mail with a return receipt, registered mail, or any Postal Service or private carrier option that tracks delivery.

The condition must materially affect the physical health or safety of an ordinary tenant, and this liability does not arise if the tenant was behind on rent when a required notice went out. Under section 92.056(d), the law presumes seven days is a reasonable time to repair, though that presumption can be rebutted. Section 92.056(c) counts a notice as received once the landlord, an agent or an employee actually has it in hand, or once a Postal Service delivery attempt has been made. Our guide to repair rights for tenants covers the remedies that follow.

Other notices the Property Code requires

Security deposit forwarding address. Section 92.107 says a landlord does not have to return a deposit, or describe deductions, until the tenant gives "a written statement of the tenant's forwarding address." A tenant who never gives one does not forfeit the refund for that reason alone.

Landlord demand to vacate. A landlord whose written lease does not provide for attorney's fees can recover them in an eviction only after a written demand to vacate. Under section 24.006(a), the demand must warn that fees may be recovered if the tenant does not leave "before the 11th day after the date of receipt," and it must go out at least 10 days before the suit is filed.

HOA records lawsuit. A homeowner planning to sue an association over access to its books must first give written notice of that plan. Section 209.005(p) sets the deadline at "the 10th business day before" the suit is filed and requires the notice to describe the records sought. Our page on HOA disputes covers the records rules in full.

Mailing methods the statutes name

Where a statute in this guide names a delivery method, it is listed here. Where it names none, the table says so.

Notice	Timing	Delivery method in the statute
DTPA notice (section 17.505)	At least 60 days before suit	None stated in section 17.505. Class action copy to the consumer protection division: registered or certified mail (section 17.501)
Tenant repair notice (section 92.056)	Reasonable time to repair, presumed seven days	First notice to where rent is paid. Certified mail with return receipt, registered mail, or tracked mail removes the need for a second notice
Landlord demand to vacate (section 24.006)	At least 10 days before suit	Registered mail, or certified mail with return receipt requested
HOA records suit notice (section 209.005(p))	By the 10th business day before suit	Certified mail with return receipt requested, or USPS with signature confirmation, to the address on the association's latest management certificate

When the letter does not settle it

If a letter goes unanswered, the next steps covered on this site are mediation and a justice court case. Our page on mediation costs lists what the county programs in North Texas charge. The disputes section collects the rest of these guides, and the North Texas disputes and settlements guides home page covers settlements and tenant rights too.