How late can you be on rent before eviction in Texas? The law is firmly in the landlord’s corner when it comes to late rent payments in Texas. Rent is legally considered late the day after it’s due, and at that point, landlords can start the eviction process.
Texas law doesn’t require landlords to give you a chance to catch up on rent once they’ve decided to evict, unless your lease says otherwise.
Let’s break down how far behind on rent you can be before eviction in Texas, what kind of notice your landlord has to give you, and what you can expect if they decide to move forward with an eviction.
How Late Can You Be On Rent Before Eviction In Texas?
In Texas, you only get one day after your rent due date as a grace period for late payment before the landlord has the right to start the eviction process. Legally, your rent is late the day after it’s due, unless your lease gives you extra time in writing.
Most leases in Texas say rent is due on the first of the month, with a grace period of a few days (often until the 3rd or 5th). But if your lease doesn’t give you that extra grace period, the landlord can start the eviction process on day 3.
So if your rent is due on June 1st and there’s no grace period in your lease, it’s considered late on June 2nd, and your landlord can issue a Notice to Vacate on June 3rd.
Extra Time To Pay Rent In Austin, Texas
How far behind on rent before eviction in Texas? If you live in Austin, you may have 7 days to pay.
Landlords in Austin who own 5 or more dwellings must give tenants 7 days to catch up on late rent before filing an eviction lawsuit.
If you live in an apartment community, the 7-day grace period will apply. If you’re renting a single-family home, the protection will only apply if your landlord owns multiple properties.
If I Pay My Rent, Can I Still Be Evicted In Texas?
In Texas, paying overdue rent does not automatically stop the eviction process.
Texas law does not require the landlord to give you the option to pay and stay. So if you’re wondering, “If I pay my rent, can I still be evicted in Texas?” the answer is yes, unless your lease includes a clause that lets you fix the problem by paying during the notice period.
Paying your overdue rent may also stop an eviction if your landlord agrees to end the process.
Talk to your landlord. Offer to pay your rent balance if they agree to stop the eviction. Make sure you get their agreement in writing. The earlier you are in the eviction process, the more likely your landlord will agree to halt the eviction.
How Late Can You Pay Rent In Texas Before Late Fees Are Added?
Texas law gives tenants a 3-day grace period (the rent due date plus 2 full days) before late fees can be charged.
Don’t confuse the 3 day grace period for late fees with the grace period before eviction. These are 2 separate issues.
For a late fee to apply:
- It must be included in a written lease agreement
- The late fee must be deemed “reasonable” by law. Generally, late fees cannot exceed 10-12% of the rent amount
What To Expect During The Eviction Process Step By Step
Step 1. Landlord Issues A Written Notice To Vacate
Once your rent is late, your landlord can serve you with a notice to vacate, which is a formal letter telling you to move out.
Texas law requires landlords to give you at least 3 days’ written notice before they can file for eviction, unless your lease gives more (or less) time.
If your lease specifically states how long the notice period will be, that’s how long the landlord has to wait before filing an eviction lawsuit.
Your lease may give you 5 or 7 days, for example, or it may only give you 1 day’s notice. Where the lease doesn’t address the notice period, the default 3-day notice period will apply.
Important: If you’re in public or subsidized housing, the rules for notice often require a longer notice period. Check your lease to know what to expect.
Step 2. Waiting Period Ends. Landlord Can File for Eviction
After the 3 days are up (or however long your lease allows), the landlord can file an eviction lawsuit, officially called a forcible detainer suit, in Justice of the Peace Court.
Even if you offer to pay after the notice expires, the landlord is under no obligation to accept it or stop the eviction process, unless your lease gives you that right.
Step 3. Court Hearing Is Scheduled
You’ll receive a citation (summons) telling you when to appear in court. The hearing must take place between 10 and 21 days after the eviction lawsuit is filed with the court.
You have the right to attend the hearing, explain your side, and try to work something out, like paying what you owe, arranging a payment plan, or negotiating a move-out date.
Step 4. Judge Decides The Case
If the landlord wins (and most do if the rent hasn’t been paid), the judge will issue a judgment for possession, meaning you’ll have to move out.
Step 5. You Get 5 Days To Appeal Or Move Out
Once the judgment is entered, you have 5 days to move out or appeal the decision.
If you decide to appeal the decision, you have to pay rent into the court registry. To file your appeal, you must pay an amount equivalent to 1 month’s rent. While the appeal is ongoing, you must continue paying rent to the court.
Step 6. Constable Posts A Writ Of Possession
If you haven’t left after those 5 days or filed an appeal, the court will issue a writ of possession. This allows a constable to come to the property and forcibly remove you if you’re still there.
Once the writ of possession is issued, you will have at least 24 hours to leave before the constable shows up at your door. The exact timeline will depend on the constable’s schedule; you may get a few extra days, but don’t count on it.
From start to finish, the eviction process in Texas takes roughly 4 to 6 weeks.
What To Do if You Can’t Pay Your Rent
Falling behind on rent is stressful, especially in a state like Texas, where the eviction process moves fast. If you’re struggling to pay, here are a few steps you can take to protect yourself:
- Make sure you know what your lease says. Read it carefully to find out if your agreement specifies a grace period before the eviction process can start. Every extra day counts and gives you more opportunities to find a solution.
- Talk to your landlord. Let them know as soon as possible that you’re having trouble affording next month’s rent. Ask if they will agree to a payment plan or accept a partial payment. Make sure you’re specific – I can pay half today and the rest on the 12th, for example.
- Call the 2-1-1 helpline and ask them to direct you to charities and nonprofits that help cover emergency rent payments. You can also visit https://www.211texas.org/ and search for rent resources.
- Prioritize rent above all else. You can recover from a late bill on your credit report, but an eviction on your rental history makes it extremely difficult to find housing in the future.
Read Also: How Long After Eviction Court Date Do You Have To Move In Texas?
Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.