State law now allows electronic delivery in some cases when landlords and tenants have agreed to that method in writing.
HUFFMAN, Texas — An attack on a landlord delivering eviction-related papers in Harris County is putting renewed attention on how Texas landlords can provide required notices before taking an eviction case to court.
The landlord went to a property on Darden Drive in Huffman on Sept. 21, according to the Harris County Sheriff’s Office. Investigators said 42-year-old James Jackson pointed a gun at him and struck him in the head with a bat, leaving the landlord injured. Authorities did not publicly identify the landlord in the report reviewed for this story.
The confrontation occurred as Texas landlords operate under revised rules governing delivery of notices required before certain eviction suits. The state’s Property Code lists several permitted delivery methods, including mail, delivery inside the premises in a conspicuous place and hand delivery to a tenant who is at least 16 years old.
The law also permits electronic communication, including email or another electronic method, when the landlord and tenant have agreed to that form of delivery in writing. The provision took effect as part of changes to Texas eviction law in 2026.
Houston attorney Brian Cweren told ABC13 that the electronic option comes with an important condition: The tenant must have consented to it. Without language establishing that agreement, he said, a landlord cannot simply substitute an email for a required notice under the provision.
The distinction matters because a notice to vacate generally comes before an eviction lawsuit. Under Texas law, a landlord must ordinarily provide at least three days’ written notice before filing certain forcible-detainer cases involving a tenant who defaults or stays after a rental term ends, unless a written lease establishes a different notice period.
A notice to vacate is not the same as a court order removing someone from a home. After the required notice period, a landlord may file an eviction case. Court proceedings and additional legal steps follow before possession can be enforced through the judicial process.
The issue of who delivers early eviction-related notices has also been under scrutiny in Harris County. Earlier in September, the Harris County Precinct 3 Constable’s Office said it stopped delivering notices to vacate for landlords after questions were raised about a long-running practice in which those notices were sent using the constable’s name and involvement.
The office had delivered such notices as a service to landlords for years, according to ABC13. Legal-aid attorneys expressed concern that recipients could mistake the paperwork for a formal court eviction notice. The constable’s office later ended the practice, leaving landlords responsible for delivering those notices through legally permitted methods.
The Huffman attack does not establish that any particular delivery method is required or preferable in other cases, and investigators have not publicly released a complete account of the dispute that preceded the Sept. 21 confrontation. Authorities also had not announced additional findings about the case in the information available Wednesday.
Texas law continues to allow several forms of notice, including in-person delivery, while electronic delivery depends on a written agreement between the parties. The Harris County Sheriff’s Office remains the agency identified as investigating the Huffman confrontation.
Author note: Last updated September 30, 2026.